LEASE ? FORMS
52 52 52 52 52
Pr Pr Pr Pr Provision for Payment of agr ovision for Payment of agr ovision for Payment of agr ovision for Payment of agr ovision for Payment of agreed fixed Rent in advance eed fixed Rent in advance eed fixed Rent in advance eed fixed Rent in advance eed fixed Rent in advance
Paying during the term hereby granted the monthly rent of Rs……… (without
any deductions except only such as the tenant may be by law entitled to make
notwithstanding any contract to the contrary) the first of such payments to be
made on the day of the commencement of the tenancy [or on the signing hereof]
and every subsequent payment to become due payable and recoverable in
advance within 7th day of every current month.
53 53 53 53 53
Demise of Fr Demise of Fr Demise of Fr Demise of Fr Demise of Freehold and Leasehold pr eehold and Leasehold pr eehold and Leasehold pr eehold and Leasehold pr eehold and Leasehold premises by Executor of emises by Executor of emises by Executor of emises by Executor of emises by Executor of
a will in favour of the T a will in favour of the T a will in favour of the T a will in favour of the T a will in favour of the Trustees appointed by T rustees appointed by T rustees appointed by T rustees appointed by T rustees appointed by Testator with estator with estator with estator with estator with
power of mortgage and sale by T power of mortgage and sale by T power of mortgage and sale by T power of mortgage and sale by T power of mortgage and sale by Trustees rustees rustees rustees rustees
THIS DEMISE is made the……….. day of………….. BETWEEN (Executors) of
(address, etc.) (hereinafter called the Executors) of the ONE PART and (Trust-
ees) of (Address, etc.) (hereinafter called the Trustees) of the OTHER PART.
WHEREAS :
(Recite will of Testator (hereinafter called ?the Testator?) so for as material
showing appointment of executors and bequest of settled legacy of Rs…… to
trustees in favour of……………….. for life with remainders over, and charge of
legacy on testator?s freehold and leasehold property; death of testator and pro-
bate; seisin of testator of freehold and leasehold property demised; payment of
funeral and testamentary expenses and debts and death duties; agreement for
demise ; no previous assent or conveyance.)
NOW THIS DEED made in consideration of the premises WITNESSETH as
follows :
1. The executors as personal representatives of the testator hereby demise
unto the trustees (give specific description of freeholds by reference to a schedule
or otherwise) TO HOLD the same unto the trustees for the term of ( ) years
without impeachment of waste upon the trusts hereinafter declared concerning
the same.
2. The executors as personal representatives of the testator hereby demise
unto the trustees (give specific description of leasehold by reference to a
Schedule or otherwise with particulars of leases or lease under which they are
held) TO HOLD the same unto the trustees subject henceforth to the payment
of the rent(s) reserved by and to the covenants and conditions contained in the
lease(s) under which the same are (respectively) held for the (respective)
redsidue(s) of the terms now unexpired of such lease(s) less the day of (each)
such term without impeachment of waste upon the trusts hereinafter declared
concerned the same.
3. The trustees shall hold the same freehold and leasehold property so92 CONVEYANCING, DRAFTING & DEEDS [Ch. 48
demised to them as aforesaid (hereinafter called the demised premises) upon
trust by mortgage or sale of the demised premises or any part thereof or by
entry and receipt of the rents and profits thereof or by the sale of timber or
minerals by any other reasonable means to raise the said sum of Rs……….
together with interest the costs of and incident to the raising of such sum of
Rs………. and interest thereon as aforesaid and shall stand possessed of the said
sum of Rs………. upon the trusts in the said will declared in respect of the said
settled legacy of Rs………. therein bequeathed as hereinbefore recited in all
respects as if such had been paid by the executors to the trustees in satisfaction
of such legacy and shall stand possessed of the interest thereon upon the trust
so declared as aforesaid by the testator in respect of the income of the said
settled legacy for the time being.
4. The executors shall not be personally liable upon any covenant herein
contained or implied (other than the covenant implied by the use of the words
?as personal representatives of the testator?).
5. The trustees shall as between the estate of the testator other than the said
property hereby demised and the demised property have recourse in the first
instance to the demised property in raising the said sum of Rs…… but save as
aforesaid nothing herein contained shall affect or prejudice the rights of the
trustees or any of the persons beneficially entitled to the said sum of Rs……. so
far as the trustees are unable to raise such sum from the said property.
6. The executors to the extent of the assets of the testator available or which
ought to be available for this purpose but not further or otherwise and not so
as to subject them or any of them to any personal liability in the absence of such
assets do hereby covenant with the trustees that they the executors will out of
or by means of such assets as aforesaid pay the rent(s) and observe and perform
the covenants and conditions contained in the said lease(s) so far as they relate
to the leasehold property hereby demised for so long as the security hereby
created shall be subsisting.
7. The executors hereby acknowledge the right of the first devisee to
production of the probate of the said will of the said (testator) and to delivery
of copies thereof.
FIRST SCHEDULE
[Description of Freeholds]
SECOND SCHEDULE
[Particulars of leaseholds]
IN WITNESS etc.
[Signatures of all Parties]Ch. 48] LEASE?FORMS 93
54 54 54 54 54
Lease of portion of a Building with right of demolition for Lease of portion of a Building with right of demolition for Lease of portion of a Building with right of demolition for Lease of portion of a Building with right of demolition for Lease of portion of a Building with right of demolition for
development purposes development purposes development purposes development purposes development purposes
THIS INDENTURE made this……… day of……….. BETWEEN…….A.B………. on
of C.D…………. deceased of……….. hereinafter called the ?LESSOR?(which ex-
pression shall include his heirs, executors, administrators, representatives) of
the ONE PART.
AND
E.F…………….. son of the said A.B……………. hereinafter called the ?LESSEE?
(which expression shall include his heirs, executors, administrators) of the
OTHER PART.
WHEREAS the Lessor is the absolute owner of the Premises No…………
comprising land including the building and dilapidated sheds measuring
about……….. Cottahs……….. Chittacks……… Sq. Ft. more fully shown in the Blue
Print annexed herewith.
AND WHEREAS the Lessee has agreed to take a lease from the Lessor more
or less…….. Cottahs of land together with the dilapidated sheds standing on the
said Premises No……… for a period of……… years upon terms and conditions
hereinafter mentioned and has further undertaken to reconstruct or rebuild
therein according to the plan and specifications to be approved by the Lessor.
NOW THIS INDENTURE WITNESSETH as follows 😕
1. IN CONSIDERATION of an yearly rent of Rs………… (Rupees………………….)
only and the Lessee?s covenants hereinafter mentioned and contained the
Lessor hereby demises unto the Lessee and the Lessee hereby takes on rent
the plot of land measuring more or less…….. Cottahs thereabout more fully
described in the plan annexed hereto for a period of…………years from the date
hereof.
2. IMMEDIATELY ON the execution of these presents or as soon thereafter as
possible, the Lessee shall commence necessary renovation reconstruction of
the sheds standing on the land hereby demised according to the map or plan
approved by the Lessor. It is hereby declared that such reconstructed structure
shall remain the property of the Lessee during the term of the tenancy hereby
created but immediately on the expiry of such term or sooner determination
thereof and in any case on the expiry of…….years from the date hereof the same
shall vest in and become the absolute property of the Lessor who shall then be
entitled to enter upon and to take possession of the same and shall in the mean
time have and posses a vested interest therein, it being agreed that during the
continuance of the tenancy hereby created the Lessee shall have right to
mortgage lease tenancy of the re-constructed building and/or the structures
thereof subject to approval of the Lessor.
3. ALL TAXES WHICH are now payable by the Lessor in respect of the said
plot of land hereby demised shall be paid by the Lessor.
4. THE ANNUAL RENT according to the Lessor from the date of the execution
of this deed shall be paid in advance.94 CONVEYANCING, DRAFTING & DEEDS [Ch. 48
5. IN ADDITION to the yearly rent of Rs………… (Rupees………………………) only
a service fee of Rs………. only per annum payable hereunder shall be paid in
advance or from the date as may be mutually agreed upon.
6. THE LESSEE SHALL keep the structures including the building to be re-
erected thereon in good state of repairs and shall keep insured same against
loss or damage by fire with a Fire Insurance Co. approved by the Lessor.
7. THE LESSEE SHALL permit the Lessor or his duly authorised agent to enter
the premises for periodical inspection of the same.
8. SUBJECT TO THE fulfilment of the terms and conditions of these presents
the Lessee shall be entitled to extend the lease of the said land and building
with structures erected thereon for a further period not-exceeding a period
of…….years on the expiry of the lease hereby granted provided he gives a notice
to the effect in writing to the Lessor of his intention to do so at least three months
before the termination of the present lease. Provided also that such notice the
Lessee shall deposit with the Lessor a sum of Rs……. only as security for the
regular payment by him of the rent during such extended term as hereinafter
mentioned and for the due performance of the terms of the tenancy. PROVIDED
FURTHER that the yearly rent payable by the Lessee to the Lessor during the
extended term of the lease shall be Rs……… (Rupees………………………) only
which will include the rent of the land hereby demised as well as of the building
reconstructed thereon which, on the expiry of the tenancy created hereby shall
vest in and be the absolute property of the Lessor as hereinbefore mentioned.
After the expiry of the said fresh term of….years the Lessee shall not be entitled
to exercise a further option of renewal of the tenancy and shall hand over and
deliver the land and the buildings and structures to the lessor in a good condition
as hereinbefore provided.
9. THE LESSEE shall be entitled to proceed with the construction of the sheds
and/or build such structures as approved by the Lessor on the said premises
hereby demised immediately after the registration hereof and the Lessor shall
allow the Lessee all facilities in that behalf.
10. THE LESSEE has deposited a sum of Rs………. (Rupees……………………)
only with the Lessor as a security for the due performance of the condition hereof,
this amount the Lessor shall return without interest to the Lessee at the
termination of the tenancy created hereby subject, however to the lawful
deduction that they may be entitled to make hereunder.
IN WITNESS WHEREOF the said Lessor and the said Lessee have hereunto
set and subscribed their respective hands and seals the day month and year
first above written.
SIGNED, SEALED AND DELIVERED
at…………………
in the presence of………….
Signature of the Lessor
Signature of the LesseeCh. 48] LEASE?FORMS 95
SCHEDULE REFERRED TO ABOVE
ALL THAT piece and parcel of land covering partly by delapidated structures
with C.I. Roof etc. and partly by vacant land measuring in all more or less……..
Cottahs bearing Touzi No……….. of Khatian No………… Mouza…….. and part of
Holding No………. in the Assessment Register…………….. Municipality more fully
delineated and shown in ?RED? colour in the map or plan annexed hereto which
forms part of this document, within the jurisdiction of Sub-Registry Office,….and
butted and bounded as follows 😕
ON THE NORTH BY: Land of………………………………….
ON THE SOUTH BY : Public Road
ON THE EAST BY : Premises of Shri………………………………………………..
ON THE WEST BY : Land of Shri……………………………………………………….
55 55 55 55 55
Perpetual lease upon surr Perpetual lease upon surr Perpetual lease upon surr Perpetual lease upon surr Perpetual lease upon surrender of an existing lease of ender of an existing lease of ender of an existing lease of ender of an existing lease of ender of an existing lease of
immovable pr immovable pr immovable pr immovable pr immovable property with right of demolition by operty with right of demolition by operty with right of demolition by operty with right of demolition by operty with right of demolition by
development company for r development company for r development company for r development company for r development company for reconstruction econstruction econstruction econstruction econstruction
and power to sub-lease/sublet, assign, transfer and and power to sub-lease/sublet, assign, transfer and and power to sub-lease/sublet, assign, transfer and and power to sub-lease/sublet, assign, transfer and and power to sub-lease/sublet, assign, transfer and
mortgage the whole or part of the newly mortgage the whole or part of the newly mortgage the whole or part of the newly mortgage the whole or part of the newly mortgage the whole or part of the newly
constructed Building by the Lessee constructed Building by the Lessee constructed Building by the Lessee constructed Building by the Lessee constructed Building by the Lessee
THIS LEASE made this………… day of……. Two thousand ……. BETWEEN………..
son of………….. residing at No………. (hereinafter referred to as ?THE LESSOR?
(which term or expression shall unless excluded by or repugnant to the context
be deemed to include his heirs, successors executors, administrators, legal
representatives and assigns) of the ONE PART AND MESSRS ESTATE DEVELOP-
ERS (P) LTD., a Limited Company registered under the Companies Act, 1956,
having its Registered Office at…….. hereinafter referred to as ?THE LESSEE?
(which term or expression shall unless excluded by or repugnant to the context
be deemed to include its successors-in-interest, nominee and/or assigns) of the
OTHER PART.
WHEREAS :
1. The Lessor is the sole and absolute owner of premises No……….. more
fully described in the SCHEDULE ?A? hereunder and hereinafter referred to as
?the said premises. ?
2. The said premises were leased out by the Lessor to one M/s……………….
Company (P) Ltd. a company registered under the Companies Act, 1956 having
its Registered Office at No…….. hereinafter referred to as ?the said Company?
and made by a Deed of Lease (hereinafter referred to as ?the said Lease?)
dated…….. for a term of ninety-nine years and was registered at the office of the
Registrar of Assurance at……….. and entered in the Book No……….. Volume
No……Pages……to…. Being No………. for the Year 20…….96 CONVEYANCING, DRAFTING & DEEDS [Ch. 48
3. By a Deed of Surrender of Lease dated the…………… day of…………., 20…..
but presented for registration before the execution of these presents, the said
Company had surrendered unto the Lessor ALL THAT the said premises being
No……… comprised in the said Lease for the residue of the unexpired term
thereby granted to the intent that the same shall merge and be extinguished in
the free-hold reversion of the Lessor herein.
4. Thus being seized and possessed of the said premises the Lessor has
agreed to grant and the Lessee herein has agreed to taken on Lease the entirety
of the said premises on the terms and conditions hereinafter contained.
NOW THIS INDENTURE WITNESSETH AS FOLLOWS :
1. In consideration of the monthly rents hereinafter reserved and the terms
and conditions hereinafter contained and on the part of the Lessee to be paid
performed and observed the Lessor doth hereby grant demise and assign unto
the Lessee ALL THAT the said premises being No………. measuring about…………..
Cottahs……… Chittaks and……..Sq. ft. more or less, TOGETHER WITH all
buildings and structures standing thereon more fully described in the SCHEDULE
?A? written hereunder and delineated in Red on the map or plan annexed hereto
and hereinafter referred to as ?the said premises? TO HOLD the same with all
its appurtenances rights and benefits unto the Lessee in perpetuity from the date
hereof on the terms and conditions hereinafter contained, yielding and paying
therefor a monthly rent of Rs……… (Rupees……………………..) only without any
deduction or abatement whatsoever.
2. (a) To pay the rent reserved hereby for any month by the 15th of the
succeeding month.
(b) To perform and observe all and singular the Lessee?s covenants
obligations, conditions and stipulations provided hereinafter without the lessor
being required to call upon the lessee to do so.
3. THE LESSOR HEREBY COVENANTS WITH THE LESSEE AS FOLLOWS :
(a) To pay the reserved rent for any month by the 15th of the succeeding
month.
(b) The Lessee shall have full right and liberty to do such acts, deeds, as things
as may be reasonably required by the lessee at any time to hold and enjoy the
said premises in terms hereof in particular to make demolition and/or reconstruc-
tion and/or substantial new erection and/or improvements upon the said
premises and/or transfer, assign, sub-lease, sublet, transfer, mortgage, create
any charge or otherwise to deal with the said premises or any construction or
any reconstruction thereon without the lessee being required to obtain any
further consent or permission from the lessor and it shall be deemed that the
lessor has hereby granted all such consents as may be necessary.
(c) The lessee shall have all powers to sign all papers and documents in the
matter of demolition of the existing building and structures and preparation and
sanction of the plans and construction of the new building or buildings on the
said premises.Ch. 48] LEASE?FORMS 97
4. The Lessee shall negotiate and settle with the existing tenants and/or
occupants of the said premises to vacate and give vacant and peaceful
possession of the portions of the said premises now in their respective
occupation, to the Lessee.
5. As from the date of the execution of this lease, the Lessor shall be deemed
to have handed over possession of the entirety of the said premises to the
Lessee.
6. To perform and observe all the obligations which the Lessor in respect
of being the owner of the said premises may be liable to perform or observe
during the said term by virtue of any Act or Acts or Parliament or of any direction
or requirement of any public or local authority.
7. The Lessor doth hereby authorises the lessee to do all the necessary things
as aforesaid and the lessor shall also from time to time execute and deliver such
irrevocable power-of-attorney or other authorities in favour of the lessee and/
or its nominee or nominees to do all such acts, deeds and things as aforesaid
as may be required from time to time to be done for and/or relation to the
aforesaid.
8. The Lessor shall sign and execute all such papers and documents as may
be required by the lessee from time to time to hold and enjoy the said premises
in terms hereof or in furtherance of any of the objects herein sought to be
achieved.
SCHEDULE ?A? ABOVE REFERRED TO :
ALL THAT brick built messuage buildings or house, TOGETHER with pieces
and parcels or revenue free land together with all structures standing and erected
thereon and on part thereof measuring about……. Cottahs……..Chittacks
and…….Sq. ft. be the same a little more or less and known and numbered as
premises No….in the records of the……. Municipal Corporation being Holding
No……. in Block…….. in the…………. Division of the City of………….. and butted
and bounded in the manner that is to say :
NORTH : By Municipal Road.
EAST : Partly by premises No………….
SOUTH : Partly by premises No…………..
WEST : By premises No………….
IN WITNESS WHEREOF the parties hereto have set and subscribed their
respective hands and seal on the day month and year first above written.
SIGNED AND DELIVERED by the
LESSOR in the presence of :
WITNESS :
SIGNED AND DELIVERED by the
LESSEE in the presence of :
WITNESS :
G : CDD (Vol. 6) ? 798 CONVEYANCING, DRAFTING & DEEDS [Ch. 48
56 56 56 56 56
Lease of flat for r Lease of flat for r Lease of flat for r Lease of flat for r Lease of flat for residential purpose by trustees esidential purpose by trustees esidential purpose by trustees esidential purpose by trustees esidential purpose by trustees
of a private trust of a private trust of a private trust of a private trust of a private trust
THIS INDENTURE made etc. BETWEEN A.B. etc. and B.T. etc. in their capacity
as Trustees to the estate of???? under an Instrument of Trust
dated?????.. supplemented by a Deed of Appointment of New Trustee
dated???.. hereinafter referred to as ?the Lessors? (which expression shall
unless excluded by or repugnant to the context be deemed to include their
successors and assigns and every person for the time being entitled to the
premises hereby demised in reversion expectant on the term hereby granted)
of the ONE PART AND C. etc. (Lessee) of the OTHER PART.
WITNESSETH that in consideration of the rent reserved hereby and the
Lessee?s covenants hereinafter contained the Lessors as such Trustees as
aforesaid and in exercise of the powers them thereunto enabling demise unto
the Lessee by way of assurance only and not of covenant or warranty ALL THAT
the lower flat of the two-storeyed brick-built messuage, tenement or dwelling
house being premises No…………. TOGETHER WITH two godowns, one kitchen
for servants and two garages within the compound of the said premises No……..
AND the electric and gas installations and the fixtures and fittings thereunto
belonging and specified in the schedule hereunder written AND ALSO the use
in common with the tenants of the upper flat of the said premises No. and all
other persons entitled to use the same and under reasonable restrictions
imposed or to be imposed by the Lessors of the landing on the said lower flat
and the compound, drives, passages, latrines, urinals and appurtenances
belonging to the said premises No???.. (all hereinafter referred to as ?the
demised premises?) TO HOLD the demised premises unto the Lessee subject
to the restrictions aforesaid and in particular those hereinafter expressed for the
term of????. years with effect from???? YIELDING AND PAYING during
the said term monthly and every month the rent of Rs???. inclusive of both
owners? and occupiers? shares of the municipal rates and taxes and clear of all
deductions by equal monthly payments on or before the???? day of each
and every month for the month immediately preceding, the first of such payments
to be made on.
AND THE Lessee to the intent that the obligations on his part herein contained
shall continue throughout the said term hereby covenants with the Lessors.
1. THAT the Lessee shall and will pay the rent hereby reserved on the days
and in manner aforesaid without any abatement or deduction whatsoever and
shall and will also pay all charges for electricity and gas consumed in the demised
premises and of the meters to measure such consumption.
2. AND shall and will keep the interior of the demised premises and the
fixtures,
fittings, paperings and decorations thereof in good and tenantable
repair, order and condition.
3. AND shall and will do and execute or cause to be done and executed allCh. 48] LEASE?FORMS 99
repairs which may from time to time be necessary or requisite to be done to the
demised premises and shall and will maintain, cleanse, repair and amend, if
necessary, the fittings and fixtures specified in the schedule hereunder written
as also the reservoirs, vaults, sewers, drains, bath rooms, water closets, latrines,
urinals and privies and the compound, drives and passages of and the
appurtenances to the demised premises in good order and shall not require any
repairs to be done or executed thereto by the Lessors save and except those
hereinafter expressly provided.
4. AND shall and will use and occupy the demised premises as a private
dwelling-house and for no other purpose.
5. AND shall and will repair and restore at his own expense any damage or
injury, other than that caused by fire or accident or through the fault of the
Lessors, which may be done to the demised premises or to the said fixtures and
fittings.
6. AND shall and will permit the Lessors, their surveyors or agents at any time
or times to enter into and upon the demised premises to view and examine the
state of repairs and the condition thereof and repair and make good all defects
and want of reparation, which the Lessee shall be liable to repair and make good
and of which notice in writing shall be given by the Lessors within the space of…….
days after such notice or sooner if required by such notice.
7. AND shall and will comply with in respect of the demised premises all
requisitions which may be made by the Government, the Police, the Municipality
or other public authorities save and except such of them as shall relate to
defective construction of the demised premises.
8. AND shall and will from time to time pay to the Lessors all costs, charges
and expenses incurred by the Lessors in removing or abating a nuisance and
in executing all such works as may be necessary for removing or abating a
nuisance in obedience to any notice served by any local authority other than a
nuisance arising from defective construction of any structural convenience now
existing on the demised premises.
9. AND shall and will permit the Lessors, their servants and agents at any
time within???? months before the expiration or sooner determination of the
said term to enter into and upon the demised premises and to affix or exhibit
upon any suitable part thereof a notice board for reletting the same and also all
persons by order in writing of the Lessors to view the demised premises at all
reasonable hours in the day time without objection and that the Lessee shall
not remove or obscure such notice board.
10. AND shall and will at his own expense keep the doors, windows, sashes,
panes, shutters, locks, fasteners and all fixtures and fittings in good and sufficient
repair and replace such of them as shall be destroyed, lost or rendered useless
by articles of identical nature and variety as far as possible.
11. AND shall and will have use of the latrines, privies and urinals within the
compound of the demised premises in common with the servants of the tenant100 CONVEYANCING, DRAFTING & DEEDS [Ch. 48
of the upper flat of the said premises No???? and all other persons entitled
to use the same.
12. AND shall and will on demand pay to the Lessors monthly and every month
at the time of the payment of the rent hereby reserved one-half of the charges
and expenses for working and maintaining the motors and pumps in use or to
be in use for supplying and running filtered and unfiltered water to the said
premises No…………
13. AND shall and will at the expiration or sooner determination of the said
term yield and deliver up to the Lessors the demised premises together with the
said fixtures and fittings, all in as good a condition as the same now are
reasonable wear and tear only excepted.
14. AND will not make or permit to be made any additions or alterations to
or in the demised premises except such as the Lessors shall have previously
approved of in writing nor remove, cut, maim, injure or suffer to be removed, cut,
maimed or injured any walls, timbers, fixtures and fittings attached to or fastened
upon the demised premises, or any trees or plants within the compound thereof.
15. AND will not carry on or permit to be carried on in the demised premises
or any part thereof any noisy, noxious or offensive trade or business nor allow
the same to be used for any illegal or immoral purpose.
16. AND will not keep or store or permit to be kept or stored any inflammable,
combustible or injurious substances, articles or things likely to injure, damage
or prejudicially affect the demised premises or any part thereof.
17. AND will not remove the fixtures and fittings now existing or which may
hereafter be put up in, to or upon the demised premises nor do or commit or
cause to be done or committed any act, deed or thing to the prejudice or injury
of the demised premises or any part thereof.
18. AND will not transfer, assign, sublet or part with possession of the demised
premises nor suffer his interest therein to be attached charged, mortgaged or
otherwise encumbered nor act in such a manner as to allow a Receiver to be
appointed by any court in respect of the demised premises.
19. AND will not obstruct or cause or suffer obstruction to the landing,
compound, drives, passages or to any other portion of the said premises
No……… of which the Lessee has by virtue of these presents use in common
with the tenant of the upper flat thereof and all persons entitled to use the same
and generally will not act in such a manner as will cause prejudice, inconve-
nience, discomfort or annoyance to the tenant of the said upper flat and such
other persons or to the neighbourhood.
20. AND will not park or keep stationary any car, cart or vehicle under the
portico or in the compound of the said premises No…………. except in the ordinary
course and at the time of ingress and egress nor allow cars to be washed outside
the said two garages.
21. AND will not be entitled to claim any damage or compensation in the event
of a breakdown of the said motors and pumps or of the water running system:Ch. 48] LEASE?FORMS 101
PROVIDED ALWAYS and it is hereby agreed and declared that if the rent hereby
reserved or any part thereof shall be in arrear for after the same shall become
due (whether demanded or not) or in the event of breach of any of the covenants
and agreements on the part of the Lessee herein contained or his becoming
subject to the bankruptcy law or his making any composition with his creditors
or his permitting any execution to be levied on the demised premises or his
suffering a Receiver to be appointed of any of his estate and effects then and
in any such case it shall be lawful for the Lessors or any person or persons duly
authorised by them in that behalf into or upon the demised premises or any part
thereof to re-enter and the same peaceably to hold and enjoy as if these presents
had not been made without prejudice to any right of action or remedy of the
Lessors in respect of any antecedent breach of any of the covenants on the part
of the Lessee herein contained.
AND the Lessors hereby covenant with the Lessee that the Lessee paying
the rent hereby reserved and performing and observing all the covenants and
conditions on his part to be observed and performed shall peaceably hold and
enjoy the demised premises during the said term without any interruption or
eviction by the Lessors or any person or persons having or claming title under
them AND that the Lessors shall pay both owners? and occupiers? shares of the
municipal rates and taxes in respect of the demised premises AND shall at all
times during the said term keep the roofs, the outer walls and the main timbers
of the demised premises wind and water tight but shall not do or execute or cause
to be done or executed any other repairs whatsoever.
THE SCHEDULE ABOVE REFERRED TO :
[Set out list of fixtures etc. in detail]
IN WITNESS etc.
57 57 57 57 57
Lease of Dwelling-house together with fur Lease of Dwelling-house together with fur Lease of Dwelling-house together with fur Lease of Dwelling-house together with fur Lease of Dwelling-house together with furnitur nitur nitur nitur niture, fixtur e, fixtur e, fixtur e, fixtur e, fixtures es es es es
and fittings for short ter and fittings for short ter and fittings for short ter and fittings for short ter and fittings for short term?mutual covenants between m?mutual covenants between m?mutual covenants between m?mutual covenants between m?mutual covenants between
Landlor Landlor Landlor Landlor Landlord and T d and T d and T d and T d and Tenant (sur enant (sur enant (sur enant (sur enant (surety) guarranting payment of Rent ety) guarranting payment of Rent ety) guarranting payment of Rent ety) guarranting payment of Rent ety) guarranting payment of Rent
and per and per and per and per and perfor for for for formance of the Covenants by the T mance of the Covenants by the T mance of the Covenants by the T mance of the Covenants by the T mance of the Covenants by the Tenant enant enant enant enant
THIS LEASE made the………… day of…………. BETWEEN [Lessor] of [address,
etc.] (hereinafter called the Landlord) of the First Part [Lessee] of [address, etc.]
(hereinafter called the Tenant) of the Second Part and [Surety] of [address, etc.]
(hereinafter called the surety) of the Third Party.
WITNESSETH as follows :
1. In this deed except where the contrary is required by the context :
(a) ?The landlord? includes the person entitled to the reversion immediately
expectant on the determination of the term hereby created.
(b) ?The tenant? includes his successors in title.102 CONVEYANCING, DRAFTING & DEEDS [Ch. 48
(c) ?The premises?, ?the furniture?, ?the term? and ?the rents? respectively
mean the premises and the furniture demised and the term created and
the rents reserved by this deed and ?the premises? and ?the furniture?
respectively include any additions made during the term to the
premises hereby demised and any articles which during the term may
be substituted for any articles of furniture hereby demised.
(d) ?The tenant?s covenants? and ?the landlord?s covenants? mean respec-
tively the stipulations contained in the second schedule and the
stipulations contained in the third schedule hereto.
2. The landlord at the request of the surety demises to the tenant the dwelling-
house and premises specified in the first column of the first schedule and also
the furniture which is now in the said dwelling-house particulars of which furniture
are contained in the inventory annexed hereto and signed by the landlord and
the tenant TO HOLD the same unto the tenant from the day specified in the
second column of the first schedule for the term of years specified in the third
column of that schedule paying during the term for the premises and for the
furniture the monthly rent specified in the fourth column of the said first schedule
without any deduction except only such as the tenant may be by law entitled to
make notwithstanding any contract to the contrary payable within 7th day of every
current month in advance without any deduction.
3. The tenant hereby covenants with the landlord that he will throughout the
term perform and observe the provisions and stipulations contained in the
second schedule hereto.
4. The surety in consideration of the demise being made at his request hereby
covenants with the landlord that the tenant shall pay the rent on the days and
in manner aforesaid and shall perform and observe all the tenant?s covenants
and conditions herein contained and that in case of default in such payment of
rent or in the performance or observance of such covenants as aforesaid the
surety will pay and make good to the landlord on demand all losses, damages,
costs and expenses thereby arising or incurred by the landlord PROVIDED
ALWAYS and it is agreed that any neglect or forbearance of the landlord in
endeavouring to obtain payments of the rent when the same becomes payable
or to enforce performance of the tenant?s covenants and any time which may
be given to the tenant by the landlord shall not release or exonerate or in any
way affect the liability of the surety under this covenant.
5. The landlord hereby covenants with the tenant that he will throughout the
term perform and observe the provisions and stipulations contained in the third
schedule hereto.
6. Provided always and it is hereby agreed as follows :
(1) If at any time the premises or the furniture or any part thereof
respectively shall be rendered unfit for occupation or use by reason of
any damage against which the landlord is liable to insure under the
landlord?s covenants then and in any such case (except as hereinafter
provided) the rent or proportionate part of the rent according to theCh. 48] LEASE?FORMS 103
extent of the damage shall not be payable in respect of any period [after
the expiration of three months from the occurrence of the damage]
during which the premises or (as the case may be) the furniture or the
damaged portions thereof respectively shall not have been restored
or reinstated so as to be again fit for occupation or use or any articles
of furniture destroyed shall not have been replaced but so that this
proviso shall not apply as regards any damage against which any such
policy of insurance as is mentioned in the landlord?s covenants shall
have been effected by the landlord if payment of the money assured
by any such policy or of any part of such money shall be refused in
consequence of any act or default on the tenant?s part and any dispute
or difference between the landlord and the tenant in reference to this
proviso shall be determined by a single arbitrator in accordance with
the Arbitration Act, 1940 or any statutory modification or re-enactment
thereof for the time being in force.
(2) If the rents hereby reserved or any part thereof shall be unpaid for two
months after becoming payable (whether formally demanded or not)
or if any covenant on the tenant?s part herein contained shall not be
performed or observed or if the tenant or other the person in whom for
the time being the term hereby created shall be vested shall become
insolvement or enter into any composition with his creditors or suffer
any distress or execution to be levied on his goods then and in any time
thereafter to re-enter upon the demised premises or any part thereof
in the name of the whole and thereupon this demise shall absolutely
determine but without prejudice to the right of action of the landlord in
respect of any breach of the tenant?s covenants herein contained.
FIRST SCHEDULE
Description of premises Date of Commence- Term Monthly
demised ment of lease rent
The dwelling-house and The……….. day of……. [……….] Rs………..
premises known as No. Years
….. in the town of……….
SECOND SCHEDULE
The Tenant?s Covenants
1. To pay the rent on the days and in the manner aforesaid.
2. To pay all existing and future rates taxes assessments and outgoings now
or hereafter imposed or charged upon the owner or occupier of the demised
premises except only such as the owner is by law bound to pay notwithstanding
any contract to the contrary.
3. To [repair and] keep in tenantable repair the interior of the premises
including all landlord?s [and tenant?s] fixtures therein throughout the term104 CONVEYANCING, DRAFTING & DEEDS [Ch. 48
PROVIDED that this covenant shall not impose any liability upon the tenant which
is imposed upon the landlord by paragraph 1 in the third schedule hereto.
4. To keep the furniture clean and in good repair order and preservation and
to make good all damage thereto arising otherwise than from accidental fire or
reasonable and proper user and to replace with similar articles of at least equal
value all such parts thereof as may at any time be destroyed (otherwise than
as aforesaid) or lost or so damaged (otherwise than as aforesaid) as to be
incapable of complete reinstatement to their former conditions and not without
the previous written consent of the landlord to remove any of the furniture or
permit or suffer the same to be removed from the premises except only for the
purpose of necessary repairs.
5. To permit the landlord and his agents with or without workmen and others
and with all necessary appliances at all reasonable times to enter upon and to
examine the condition of the premises and the furniture and to execute repairs
to the same.
6. If the landlord shall at any time or times during the continuance of the term
serve upon the tenant any notice in writing specifying any repairs necessary to
be done and requiring the tenant forthwith to execute the same and if the tenant
shall not within ten days after the service of such a notice proceed diligently with
the execution of such repairs then to permit the landlord to enter upon the
premises in order to execute such repairs and the cost thereof shall be a debt
due from the tenant to the landlord and be forthwith recoverable by action.
7. Not to do or permit or suffer to be done anything whereby any policy of
insurance on the premises or on the furniture against any risk insurance which
is stipulated for in the landlord?s covenants may become void or voidable or
whereby the rate of premium on any such policy may be increased and to repay
to the landlord on demand all sums from time to time paid by way of increased
premiums and all expenses incurred by him in or about any renewal of such policy
rendered necessary by a breach of this covenant.
8. Not to assign underlet or part with the possession of the premises or any
part thereof or the furniture or any part thereof [without the written consent of
the landlord which consent shall not be unreasonably withheld in the case of
a respectable and responsible person.]
9. To use the premises for the purpose of a private residence only.
10. To yield up the premises and the furniture at the determination of the term
in such state of repair condition order and preservation as shall be in accordance
with the tenant?s covenants and unless the landlord shall by written notice to the
tenant otherwise require (in which case the tenant shall comply with such
requirement) the furniture shall be left upon the premises in the same respective
parts thereof as at the commencement of the term any substituted articles being
left in the same part of the premises in which the articles for which they shall
respectively have been substituted were at such commencement.Ch. 48] LEASE?FORMS 105
THIRD SCHEDULE
The Landlord?s Covenants
1. To keep in repair the structure and exterior of the demised premises
(including drains, gutters and external pipes) and to keep in repair and proper
working order the installations contained thereon for the supply of water gas and
electricity and for sanitation (including basins sinks baths and sanitary conve-
niences but not except as aforesaid fixtures, fittings and appliances for making
use of the supply of water gas and electricity) PROVIDED that this covenant shall
not be construed as requiring the landlord to carry out any works for which the
tenant is liable by virtue of his duty to use the premises in a tenant like manner
or would be liable apart from any express covenant on his part, nor shall it be
construed as requiring the landlord to rebuild or reinstate the demised premises
in the case of destruction or damage by fire, or by flood or other inevitable
accident, or to keep in repair or maintain anything which the lessee is entitled
to remove from the demised premises.
2. (a) At all times throughout the term to keep the premises and the furniture
insured against loss or damage by fire in some insurance in the sum of Rs…..
and as to the latter in the sum of Rs……… and to make all payments necessary
for the above purposes within seven days after the same shall respectively
become payable and to produce to the tenant on demand the several policies
of such insurance and the receipt for the last such payment in respect of each
policy and to expend all monies received by virtue of such insurance in rebuilding
and reinstating the premises or (as the case may be) restoring or replacing the
furniture or the parts thereof respectively so damaged or destroyed and to make
up any deficiency out of his own monies.
(b) In the event of the premises being damaged or destroyed by fire to
reinstate the same at his own expense and with all convenient speed [and this
covenant is additional to the foregoing covenant to insure the premises.]
3. That the tenant paying the rents and performing the tenant?s covenants
shall peaceably hold and enjoy the premises and furniture during the term
without any interruption by the landlord or any person rightfully claiming under
or in trust for him.
IN WITNESS etc.
[Signature of landlord, and of tenant and surety]
58 58 58 58 58
Lease of Upper Lease of Upper Lease of Upper Lease of Upper Lease of Upper-floor Flat and Basement of a Multi-stor -floor Flat and Basement of a Multi-stor -floor Flat and Basement of a Multi-stor -floor Flat and Basement of a Multi-stor -floor Flat and Basement of a Multi-storeyed eyed eyed eyed eyed
Building for Business and Garage purposes Building for Business and Garage purposes Building for Business and Garage purposes Building for Business and Garage purposes Building for Business and Garage purposes
THIS INDENTURE made this………………… day of……………… Two thousand……..
BETWEEN NUCON PROPERTIES PRIVATE LIMITED, a Company incorporated
under the Indian Companies Act and having its Registered Office at………………106 CONVEYANCING, DRAFTING & DEEDS [Ch. 48
(hereinafter referred to as ?the Lessor? which expression shall where the context
so requires be deemed to include its successors and assigns) of the ONE PART
AND A.B. & COMPANY LIMITED, a Company incorporated under the Indian
Companies Act and having its Registered Office at……………… (hereinafter
referred to as ?the Lessee? which expression shall where the context so requires
or admits include its successors and permitted assigns, of the OTHER PART
WITNESSETH as follows :
1. That in consideration of the rent and of the covenants hereinafter reserved
and contained and on the part of the Lessee to be paid, observed and performed
the Lessor doth hereby demise unto the Lessee ALL THAT the entire covered
fourth floor of the premises known as ?PARAGON HOUSE? being premises no.
……………. and consisting of……………… thousand hundred square feet and……….
hundred square feet in the basement of the said premises more fully described
in the Schedule hereunder written and fully delineated on the plan annexed
hereto (hereinafter referred to as ?the demised premises?) YIELDING AND PAYING
therefor unto the Lessor the monthly rent of Rupees……………… thousand
and……………… for the demised premises inclusive of both owner?s and occupier?s
share of municipal rates and taxes-
payable in respect of the demised premises
and such monthly rents shall be paid by the Lessee to the Lessor on or before
the seventh day of each and every month for the month then current TO HAVE
AND TO HOLD the same unto the Lessee for a term of twenty-one years
commencing from the……………… subject to the terms and covenants hereinafter
provided.
2. The Lessee with the intent that the obligations may continue throughout
the term hereby created doth hereby covenant with the Lessor as follows :
(a) T o pay to the Lessor a monthly rent of Rs. ………….. (Rupees…………………)
only in respect of the demised premises made up as follows on or before
the seventh of each month for the month then current without any
deduction or abatement whatsoever?
(i) Rupees…………. thousand…………. hundred for the entire fourth
floor of the demised premises comprising…………. thousand………….
hundred square feet.
(ii) Rupees…………. hundred for…………. hundred square feet in the
basement of the demised premises.
(b) To keep on deposit with the Lessor a sum of Rs…………. (Ru-
pees…………. thousand) only, being the equivalent of one month?s rent
of the demised premises, which deposit the Lessor doth hereby
acknowledge, and which deposit will be refunded by the Lessor to the
Lessee on expiry or earlier determination of this Lease or will be
adjusted against the rent due for the last month of occupancy of the
demised premises.
(c) To pay to the Lessor each month the cost of electricity to be consumed
by the Lessee in the demised premises in accordance with the
consumption recorded on the separate sub-meters installed and
pertaining to the demised premises.Ch. 48] LEASE?FORMS 107
(d) To keep the demised premises and all fittings and fixtures therein in
good and tenantable repair and condition and to carry out and perform
at its own cost the whitewashing or colourwashing of the inside of the
demised premises, at the discretion of the Lessee.
(e) Not to make any structural alterations or additions to the demised
premises or any part thereof without the prior written consent of the
Lessor Provided, however, the Lessee shall be entitled to erect
necessary wooden partitions and cubicles and, to cut apertures in the
walls for the installation of air-conditioners, at its own cost, and to
remove the same on expiry or earlier determination of this Lease
subject to its making good any damage caused to the demised
premises as a result of such removal.
(f) To use the demised premises as office premises only.
(g) Not to let the demised premises be sold or attached in execution.
(h) To permit the Lessor or its agents with or without workmen or others
at all reasonable times during normal working hours to enter upon the
demised premises and view the condition thereof.
(i) Not to store in the demised premises or any part thereof any hazardous
or combustible materials or goods which could cause damage to the
demised premises, or any part thereof nor to do or allow to be done
any act which may cause disturbance or annoyance to the neighbours,
in so far as it is practicable for the Lessee to control, nor to carry on
any objectionable trade or business.
(j) To yield up and deliver quiet and peaceful and vacant possession of
the demised premises to the Lessor or its agent on expiry or earlier
determination of the Lease in the same good condition as at the
commencement of this Lease, reasonable wear and tear, acts of God,
earthquakes, civil commotion, and other irresistible forces being
excepted.
(k) To bear the stamp fees and registration cost of this Lease.
3. The Lessor doth hereby covenant with the Lessee as follows:
(a) The Lessee regularly paying the rent hereby reserved and observing
and performing the several covenants and stipulations herein on its part
contained shall peaceably hold and enjoy the demised premises during
the said term without any interruption by the Lessor or any person
claiming under or in trust for the Lessor.
(b) To allow the Lessee, its Agents, Associates and others free and
unimpeded access to and egress from the demised premises over
compound, common passageways, entrances, staircases, landings,
lifts and the like, at all times, including public holidays.
(c) The Lessor shall provide…………. Nos. of each lights and fan points
and…………. Nos. of power plugs in the demised premises with
connection to separate sub-meters for recording the consumption of108 CONVEYANCING, DRAFTING & DEEDS [Ch. 48
electricity in the demised premises. The Lessee shall be free to realign
these electrical points and installations to suit its requirements and to
put in additional electrical points and installations if it so chooses, at
its own cost.
(d) The Lessor will keep the demised premises wind and water tight and
be responsible to keep the exterior of the demised premises including
compound, drains, water pipes and electrical installations, staircase,
landings, lifts and common passages in good and proper repair at all
times and to undertake the periodic cleaning, painting or colourwashing
of these areas, as required, at its own cost.
(e) The Lessor will indemnify the Lessee against the discontinuance of
electric supply to the demised premises resulting from the non-
payment by the Lessor of electricity dues to the…………. Electric Sup-
ply Corporation Ltd.
(f) To pay the municipal rates and taxes and all other impositions payable
in respect of the demised premises whether owner or occupier at the
rate now prescribed or that will be prevailing during the period of twenty-
one years from the commencement of the Lease subject to Clause 4(a)
hereof.
4. PROVIDED ALWAYS AND IT IS HEREBY EXPRESSLY AGREED as follows :
(a) That if at any time after a period of five years from the commencement
of this Lease the municipal rates and taxes only are increased beyond
what is prevailing now then and in such event the Lessee will contribute
only towards the increase in the occupiers share of municipal rates and
taxes only in the same proportion as the area of the demised premises
bears to the area of the said premises as a whole. For this purpose,
it will be incumbent upon the Lessor to advise the Lessee the prevailing
rate of municipal rates and taxes as may be prevailing at the end of
every five years from this date.
(b) That the Lessee will have the right to terminate the present Lease any
time after an initial period of three years from the commencement of
this Lease subject to service of three months? written notice to the
Lessor of its intention to terminate the Lease.
(c) The Leasee will have the right to share or extend the use of the premises
hereby demised to it or any part thereof to any associate company or
members of the same group.
(d) The Lessee shall be permitted to fix up and instal a signboard and/or
neon signs on the front of the building facing the main road between
the floor and ceiling level of the demised premises and also a name
plate at the entrance to the demised premises on the fourth floor. The
Lessee shall also be permitted to fix up and instal signboards and/or
neon signs and nameplates of associate or group companies in the
same area as its own.Ch. 48] LEASE?FORMS 109
(e) If the rent hereby reserved or any part thereof shall remain unpaid for
a period of fifteen days after it falls due, the Lessor shall
–
give written
notification to the Lessee concerning the non-payment. If in spite of
such notice, the rent hereby reserved or any part thereof shall remain
unpaid for a period of thirty days after it has fallen due or if any covenant
on the Lessee?s part herein contained shall not be performed or
observed or if the Lessee shall be wound up except for purpose of
amalgamation or reconstruction or a Receiver is appointed in respect
of the Lessee?s property then and in any such event it shall be lawful
for the Lessor at any time thereafter to re-enter upon the demised
premises or any part thereof in the name of the whole and thereupon
this demise shall absolutely determine but without prejudice to the right
of action of the Lessor in respect of any previous breach of the Lessee?s
covenants herein contained.
(f) If during the subsistence of the Lease the demised premises is
requisitioned or acquired by Government or any competent local
authority acting under or in terms of any enactment for the time being
in force then upon such requisition or acquisition the present demise
shall forthwith cease and determine and the whole of the compensation
money shall be payable to the Lessor, provided any amount payable
to the Lessee for loss of accommodation or removal of its fixtures and
fittings shall go to the Lessee.
(g) If during the subsistence of this Lease the Lessor should dispose of
or otherwise part with its interest in the demised premises it will do so
in such manner as to ensure that its obligations under the present
Lease devolve on its successor or successors-in-interest and assigns.
(h) If during the subsistence of this Lease the demised premises should
become wholly or partially untenantable due to damage caused to the
demised premises or the Lessor?s installations as a result of fire or
violence (not caused by the Lessee, its employees or agents), riot,
earthquake, storm, war, air-raids, civil commotion or act of God or other
irresistible force then and in any such event the Lessee will have the
option to determine the present demise forthwith, but, in the event of
the Lessee being desirous of continuing in its occupation of the
demised premises, then the Lessor shall at its cost reinstate or repair
the damaged portion and monthly rents shall be suspended or abate
until the damage is restored or repaired and possession redelivered
to the Lessee.
THE SCHEDULE ABOVE REFERRED TO:
[Description of the demised property]
IN WITNESS etc.
[Signatures of both parties]110 CONVEYANCING, DRAFTING & DEEDS [Ch. 48
59 59 59 59 59
*Lease of Pr *Lease of Pr *Lease of Pr *Lease of Pr *Lease of Property to Partners of a Fir operty to Partners of a Fir operty to Partners of a Fir operty to Partners of a Fir operty to Partners of a Firm?Partners to hold m?Partners to hold m?Partners to hold m?Partners to hold m?Partners to hold
as joint T as joint T as joint T as joint T as joint Tenants and T enants and T enants and T enants and T enants and Trustees with power to sell, mortgage rustees with power to sell, mortgage rustees with power to sell, mortgage rustees with power to sell, mortgage rustees with power to sell, mortgage
or sublet?partners to hold the assets as T or sublet?partners to hold the assets as T or sublet?partners to hold the assets as T or sublet?partners to hold the assets as T or sublet?partners to hold the assets as Trustees rustees rustees rustees rustees
for the Partnership Fir for the Partnership Fir for the Partnership Fir for the Partnership Fir for the Partnership Firm m m m m
THIS LEASE made the………… day of………… BETWEEN [lessor] of [address,
etc.] (hereinafter called the landlord which expression shall where the context
so admits include the person for the time being entitled to the reversion
immediately expectant on the term hereby created) of the One Part and
[partners] of [address, etc.] (hereinafter called the Tenants which expression
shall where the context so admits include their successors in title) of the Other
Part.
WITNESSETH as follows :
1. The landlord hereby demises unto the tenants [parcels] To Hold the same
unto the tenants upon the trusts hereinafter declared for the term of………………
from the………….. day of……… paying therefor during the said term the rent of
Rs………. per month payable in advance by 7th day of the current month………..
the first of such payments to be made on……………
2. The tenants hereby jointly and severally covenant with the landlord as
follows :
(1) To pay the reserved rents on the days and in manner aforesaid;
(2) To defray all existing and futures rates, taxes, assessments and out-
goings payable by law in respect of the premises either by the owner
or occupier thereof( title redemption annuity excepted);
(3) To keep the demised premises and all fixtures and additions thereto
in tenantable repair and condition throughout the term (reasonable
wear and tear excepted) and without any alterations except such as
shall be sanctioned in writing by the landlords and in such repair and
condition (except as aforesaid) to yield up the same at the determina-
tion of the tenancy;
(4) To paint with two coats of good oil paint (or paint of suitable quality)
in a workmanlike manner all the wood iron and other parts of the
demised premises heretofore or usually painted as to the external work
in every (third) year and as to the internal work in every (………..) year
the time in each case being computed from the date hereof (and in each
case the painting to be done in the last year of the tenancy as well)
and after every internal painting to grain varnish distemper wash stop
whiten and colour all such parts as have previously been so dealt with;
(5) To pay a fair proportion (to be conclusively determined by the surveyor
for the time being of the landlords) of the expenses payable in respect
of constructing repairing rebuilding and cleansing all party walls,
fences, sewers, drains, roads, pavements and other things the use of
which is common to the demised premises and to other premises;Ch. 48] LEASE?FORMS 111
(6) To permit the landlords and their duly authorised agent with or without
workmen and others upon giving ( ) previous notice in writing at
reasonable times to enter upon and view the condition of the demised
premises and forthwith to execute all repairs and works required to be
done by written notice given by the landlords PROVIDED ALWAYS that
if the tenant shall not within….. days……… after service of such notice
commence and proceed diligently with the execution of the repairs and
works mentioned in such notice it shall be lawful for the landlords to
enter upon the demised premises and execute such repairs and works
and the cost thereof shall be a debt due from the tenants to the landlords
and be forthwith recoverable by action;
(7) To keep insured in the joint names of the landlords and the tenants the
demised premises from loss or damage by fire flood and other risks
and special perils normally included in a householder?s comprehensive
policy in some insurance office or with underwriters to be named by
the landlords in the sum of Rs……. at least (or in the full insurable value
thereof from time to time throughout the said term) together with
architects? and surveyors? professional fees and two years? rent and to
make all payments necessary for the above purposes within seven
days after the same shall respectively become due and to produce to
the landlords or their duly authorised agent on demand the policy or
policies of such insurance and the receipt for each such payment and
to cause all monies received to be forthwith laid out in rebuilding and
reinstating the demised premises or any part thereof in respect of
damage whereto or destruction whereof in accordance with the original
plans and elevations thereof with such variations (if any) as may be
agreed by the landlords or may be necessary having regard to the then
existing statutory provisions bye-laws and regulations affecting the
same and necessary of appropriate authority (which it shall be tenant?s
obligation to obtain) and to the satisfaction in all respects of the surveyor
for the time being of the landlords and to make up any deficiency out
of his own monies PROVIDED ALWAYS (i) that if the rebuilding or
reinstatement of the buildings or any part thereof shall be frustrated all
such insurance monies (other than as aforesaid) relating to the building
or part in respect of which the frustration occurs shall be apportioned
equally (or as may be otherwise agreed) between the landlords of the
one part and the tenant of the other part and (ii) that if the tenant shall
at any time fail to keep insured the demised premises as aforesaid the
landlords may do all things necessary to effect or maintain such
insurance and any monies expended by them for that purpose shall be
repayable by the tenant on demand and may be recovered by action
forthwith;
(8) Not to use the demised premises otherwise than as a private dwelling
house in single occupation only;
(9) Not to assign underlet or part with the possession of any part of the
demised premises (without the written con