Surrender of a Portion of Demised Land and Proportionate Reduction of Rent by Shiva

Surrender of a Portion of Demised Land and
Proportionate Reduction of Rent

THIS DEED OF SURRENDER made on the . . . . . . . . day of . . . . , 20 . . . . BETWEEN A. B. etc. (hereinafter called ‘‘the Lessee’’) of the one part AND C. D. etc. (hereinafter called ‘‘the Lessor’’) of the other part.

WHEREAS by a deed of lease dated . . . . . . . . . the Lessor granted a heritable and non-transferable permanent lease of the land described in the Schedule hereto to the Lessee on an annual rent of Rs . . . . . . . . .;

AND WHEREAS the aforesaid permanent lease comprised among other lands the plot No. . . . . . . . . . containing an area of . . . . . . . . . but as the same has been in actual possession of X. Y. and his ancestors as statutory tenants the Lessee could not obtain possession thereof;

AND WHEREAS the Lessee has agreed with the Lessor for the surrender to him of the said plot No. . . . . . . . . . in consideration of the reduction of rent hereinafter agreed to be made.

NOW THIS DEED WITNESSES as follows:

1. In pursuance of the said agreement and in consideration of the reduction of rent hereinafter agreed to be made the Lessee hereby surrenders and yields up to the Lessor the said plot No. . . . . . . . etc. and all the estate, right, title, interest, claim or demand whatsoever of the Lessee into, out of or upon the said plot to the intent that the perpetuity created by the said permanent lease as to the said plot and all estate and interest of the Lessee in the said plot under or by virtue of the said permanent lease be absolutely and forever extinguished from the date hereof and the said plot may revert to the Lessor.

2. It is hereby agreed and declared as follows:

(i) In consideration of the surrender hereinbefore contained the yearly rent of Rs . . . . . . . . . reserved by the said permanent lease shall as from the year . . . . . . . . . be reduced to the sum of Rs . . . . . . payable at the time and in the manner mentioned in the said permanent lease.

(ii) All the covenants and conditions contained in the said permanent lease shall continue in force in respect of and so far as they apply to the land remaining subject to the said permanent lease with such modifications as may be necessary in consequence of these presents.

IN WITNESSES WHEREOF etc.