Sale on behalf of a Lunatic
THIS DEED OF SALE is made on the . . . . . . . . . BETWEEN A. B. etc., a lunatic acting through X. Y. etc., manager of his estate (hereinafter called ‘‘the Vendor’’) of the one part AND C. D. etc. (hereinafter called ‘‘the Purchaser’’) of the other part.
WHEREAS by an inquisition taken before the District Judge of Agra, the Vendor was found to be a lunatic and by order of the said Judge, dated . . . . . . . . . the said X. Y. was appointed to be the manager of his estate;
AND WHEREAS it is necessary to raise a sum of Rs. . . . . . . to pay off the debts of the Vendor which amount approximately to Rs . . . . . and to defray the necessary expenses for the maintenance and support of the Vendor and his family;
AND WHEREAS by an order dated the . . . . . . . . . the said District Judge has authorised the said X. Y. to raise the said sum of Rs. . . . . . . . . .by sale of the property of the Vendor described in the Schedule hereto;
AND WHEREAS the said X. Y. has agreed to sell to the Purchaser the said property for the sum of Rs. . . . . .
NOW THIS DEED WITNESSES as follows:
(1) In pursuance of the said agreement and the order aforesaid and in consideration of the sum of Rs. . . . . . . . . . paid by the Purchaser to the said X. Y. as such manager as aforesaid (the receipt of which the Vendor by the said X. Y. hereby acknowledges) the Vendor acting by the said X.Y. as such manager as aforesaid hereby transfers to the Purchaser ALL that pucca house standing on the land measuring . . . . . . . . . fully described in the Schedule hereto and for greater clearness delineated on the plan hereto, annexed and thereon shown with its boundaries coloured red TO HOLD the same to the Purchaser as absolute owner.
(2) The said X. Y. for and on behalf of the Vendor hereby covenants with the Purchaser as follows:
(i) The Vendor is the owner of the property described in the said Schedule and is competent to transfer the same.
(ii) The said premises shall be quietly entered into and upon and held and enjoyed and the rents and profits received therefrom by the Purchaser without any interruption or disturbance by the Vendor or any person claiming through or under him and without any lawful disturbance or interruption by any other person whomsoever.
The vendor will at the cost of the person requiring the same execute and do every such assurance or thing necessary for further more perfectly assuring the said premises to the Purchaser, his heirs or assigns as may reasonably be required:
PROVIDED ALWAYS and it is hereby agreed that wherever such an interpretation would be requisite to give the fullest possible scope and effect to any contract or covenant herein contained the expressions ‘‘the Vendor’’ and ‘‘the Purchaser’’ hereinbefore used include their respective heirs, legal representatives, successors and assigns.
IN WITNESS WHEREOF the parties hereto have signed this deed on the dates mentioned against their respective signatures.