Get Professional Legal Opinion -1- MOTOR ACCIDENT COMPENSATIONS
Q1. I met with an accident while driving a car and seriously injured another person. Is it by itself an offence punishable in law or there are other requirements which reacquire to be proved?
A. It has to be proved in case of accident that the accident was the result of rash and negligent driving. Thus the prosecution has to be prove that the person who committed the accident was driving rashly and negligently and only then the offence is proved.
Q2. I had lodged a case for insurance on account of motor accident, which took place. The Tribunal held that the liability of the Insurance Company is limited to Rs. 20000/- only. Whether Tribunal is right in saying so and what is my remedy against said order?
A. If there is no evidence on the record to show that the liability of the Insurance Company was limited to Rs. 20,000/-, the finding of the Tribunal is liable to be set aside. The liability of an Insurance company, unless there is a prohibition to same in a contract or otherwise, is unlimited You can challenge the said order before the High Court in appeal.
Q3. Can a person be entitled to interest on compensation granted in a motor accident case. What is the normal rate of interest in such cases?
A. Yes, the claimant is entitled to interest on the entire amount of compensation awarded to him in a motor accident case. The rate of interest varies from case to case and lies in the discretion of the court under the circumstances of the case.
Q4. Give a detailed legal procedure to deal with motor accidents.
A. A motor accident has two facets, one is the commission of criminal offence and the other is compensation claim. The person responsible for causing the accident by negligent driving is liable to be booked for criminal offence, further liable to pay compensation to the victim. However, if the vehicle is insured, insurance company will pay.
Q5. I want to know the legal procedure followed, when we meet with an accident i.e. someone is going on a scooter and unfortunately dashes a person crossing road, both fell down and get injuries. But unfortunately the person crossing road dies in hospital. What is the procedure followed to solve the case legally? Note: the driver has a perfect driving license, the scooter has a third party insurance, and also the driver was not going in any wrong root. It was a mutual collision. Specify the ways to recover insurance amount will we have to go to court. And if we go to court what could be punishment and penalty to the driver?
A. When an accident takes place, a case is registered by the Local Police. In your case as the person has died, the criminal case will attract Section 304 A of the Indian Penal Code which provides for offences relating to death due to negligence. The State has to prove that the accident took place with your scooter and you were driving the same rashly and negligently. In such cases the statements of the eye witnesses (if any) to the accident is required to be produced during the trial. It is also to be proved that the pedestrian was not at any fault. To claim compensation you have to file a separate petition under Motor Vehicle Act in the Motor Accident Claim Tribunal. Even if the fault of driver is not proved still the legal heirs of the deceased will be entitled to "no fault liability" from the Insurance Company.
Q6. The injured of the road accident files simultaneously the criminal case and claim under MACT. In the MACT case the driver, owner, and the insurance company are impleaded as parities. The owner takes the defense that the vehicle was unauthorisedly / illegally taken away by the unknown person who now is pleaded as driver in the case. Can the insurance company be absolved of its liability under MACT on plea of the owner that vehicle was driven by unauthorized person. The valid insurance contract/cover with the owner is however not disputed. Kindly provide case law fixing liability on the insurance company.
A. The owner is liable for the wrongs committed by his servants only if there was consent/ permission from the master to the servant. If the owner is able to prove successfully (which is most unlikely), the owner will not be liable to pay compensation and consequently insurance company will not be liable as the insured / owner.
Q7. My father was walking on the street when a scooterist hit him and he suffered body injuries. The person who hit him is refusing to pay. Can my father claim compensation from the Insurance Company
A. If the vehicle which hit your father had a third party insurance then you will have to implead Insurance Company as one of the parties to the Compensation Application which is to be filed before the Motor Accident Claim Tribunal.
Q8. How his compensation in case of death of a person calculated ?
A. In the case where the fault of the driver is not proved, the legal heirs of the deceased are entitled to no fault liability which is presently fixed at Rs. 50,000/-. In case the death has occurred due to the fault of the driver the compensation is calculated on the basis of the life expectancy of the deceased multiplied by his income. The income for the purposes of this calculation is 50% of the actual income which deceased used to receive as the rest is deducted as the self expenditure. The state of the health of the deceased and his past health record is also taken into consideration while deciding the compensation.
Q9. In case of an accident who is liable. Is the driver or the owner who has to be impleaded as a party ?
A. In case of an accident both the owner and the driver are to be impleaded as parties. In such cases the liability of the driver is only a vicarious in nature while the owner has an absolute liability.
Q10. My son died in an road accident 1 years back. He left behind a wife and 1 child. How much compensation should we get?
A. In the case where the fault of the driver is not proved, the legal heirs of the deceased are entitled to no fault liability which is presently fixed at Rs. 50,000/- . In case the death has occurred due to the fault of the driver the compensation is calculated on the basis of the life expectancy of the deceased multiplied by his income. The income for the purposes of this calculation is 50% of the actual income which deceased used to receive as the rest is deducted as the self expenditure. The state of the health of the deceased and his past health record is also taken into consideration while deciding the compensation. Wife along with the children of the deceased can file a case with Motor Accident Claim Tribunal to claim the compensation.
Q11. In cases of accident is the insurance company liable to pay?
A. If the vehicle which hit the person had a third party insurance then he will have to implead Insurance Company as one of the parties to the Compensation Application which is to be filed before the Motor Accident Claim Tribunal and only in such cases Insurance Company will be liable.
Q12. Where is the MACT courts located in Delhi?
A. Motor Accident Claim Tribunals in Delhi are located at three places namely Tis Hazari Courts, Patiala House Courts and Karkardooma Courts. Cases are to be filed according to the Police Station in which the FIR of the Accident was registered and the respective Courts under whose jurisdiction the Police Station lies.
Q1. I met with an accident while driving a car and seriously injured another person. Is it by itself an offence punishable in law or there are other requirements which reacquire to be proved?
A. It has to be proved in case of accident that the accident was the result of rash and negligent driving. Thus the prosecution has to be prove that the person who committed the accident was driving rashly and negligently and only then the offence is proved.
Q2. I had lodged a case for insurance on account of motor accident, which took place. The Tribunal held that the liability of the Insurance Company is limited to Rs. 20000/- only. Whether Tribunal is right in saying so and what is my remedy against said order?
A. If there is no evidence on the record to show that the liability of the Insurance Company was limited to Rs. 20,000/-, the finding of the Tribunal is liable to be set aside. The liability of an Insurance company, unless there is a prohibition to same in a contract or otherwise, is unlimited You can challenge the said order before the High Court in appeal.
Q3. Can a person be entitled to interest on compensation granted in a motor accident case. What is the normal rate of interest in such cases?
A. Yes, the claimant is entitled to interest on the entire amount of compensation awarded to him in a motor accident case. The rate of interest varies from case to case and lies in the discretion of the court under the circumstances of the case.
Q4. Give a detailed legal procedure to deal with motor accidents.
A. A motor accident has two facets, one is the commission of criminal offence and the other is compensation claim. The person responsible for causing the accident by negligent driving is liable to be booked for criminal offence, further liable to pay compensation to the victim. However, if the vehicle is insured, insurance company will pay.
Q5. I want to know the legal procedure followed, when we meet with an accident i.e. someone is going on a scooter and unfortunately dashes a person crossing road, both fell down and get injuries. But unfortunately the person crossing road dies in hospital. What is the procedure followed to solve the case legally? Note: the driver has a perfect driving license, the scooter has a third party insurance, and also the driver was not going in any wrong root. It was a mutual collision. Specify the ways to recover insurance amount will we have to go to court. And if we go to court what could be punishment and penalty to the driver?
A. When an accident takes place, a case is registered by the Local Police. In your case as the person has died, the criminal case will attract Section 304 A of the Indian Penal Code which provides for offences relating to death due to negligence. The State has to prove that the accident took place with your scooter and you were driving the same rashly and negligently. In such cases the statements of the eye witnesses (if any) to the accident is required to be produced during the trial. It is also to be proved that the pedestrian was not at any fault. To claim compensation you have to file a separate petition under Motor Vehicle Act in the Motor Accident Claim Tribunal. Even if the fault of driver is not proved still the legal heirs of the deceased will be entitled to "no fault liability" from the Insurance Company.
Q6. The injured of the road accident files simultaneously the criminal case and claim under MACT. In the MACT case the driver, owner, and the insurance company are impleaded as parities. The owner takes the defense that the vehicle was unauthorisedly / illegally taken away by the unknown person who now is pleaded as driver in the case. Can the insurance company be absolved of its liability under MACT on plea of the owner that vehicle was driven by unauthorized person. The valid insurance contract/cover with the owner is however not disputed. Kindly provide case law fixing liability on the insurance company.
A. The owner is liable for the wrongs committed by his servants only if there was consent/ permission from the master to the servant. If the owner is able to prove successfully (which is most unlikely), the owner will not be liable to pay compensation and consequently insurance company will not be liable as the insured / owner.
Q7. My father was walking on the street when a scooterist hit him and he suffered body injuries. The person who hit him is refusing to pay. Can my father claim compensation from the Insurance Company
A. If the vehicle which hit your father had a third party insurance then you will have to implead Insurance Company as one of the parties to the Compensation Application which is to be filed before the Motor Accident Claim Tribunal.
Q8. How his compensation in case of death of a person calculated ?
A. In the case where the fault of the driver is not proved, the legal heirs of the deceased are entitled to no fault liability which is presently fixed at Rs. 50,000/-. In case the death has occurred due to the fault of the driver the compensation is calculated on the basis of the life expectancy of the deceased multiplied by his income. The income for the purposes of this calculation is 50% of the actual income which deceased used to receive as the rest is deducted as the self expenditure. The state of the health of the deceased and his past health record is also taken into consideration while deciding the compensation.
Q9. In case of an accident who is liable. Is the driver or the owner who has to be impleaded as a party ?
A. In case of an accident both the owner and the driver are to be impleaded as parties. In such cases the liability of the driver is only a vicarious in nature while the owner has an absolute liability.
Q10. My son died in an road accident 1 years back. He left behind a wife and 1 child. How much compensation should we get?
A. In the case where the fault of the driver is not proved, the legal heirs of the deceased are entitled to no fault liability which is presently fixed at Rs. 50,000/- . In case the death has occurred due to the fault of the driver the compensation is calculated on the basis of the life expectancy of the deceased multiplied by his income. The income for the purposes of this calculation is 50% of the actual income which deceased used to receive as the rest is deducted as the self expenditure. The state of the health of the deceased and his past health record is also taken into consideration while deciding the compensation. Wife along with the children of the deceased can file a case with Motor Accident Claim Tribunal to claim the compensation.
Q11. In cases of accident is the insurance company liable to pay?
A. If the vehicle which hit the person had a third party insurance then he will have to implead Insurance Company as one of the parties to the Compensation Application which is to be filed before the Motor Accident Claim Tribunal and only in such cases Insurance Company will be liable.
Q12. Where is the MACT courts located in Delhi?
A. Motor Accident Claim Tribunals in Delhi are located at three places namely Tis Hazari Courts, Patiala House Courts and Karkardooma Courts. Cases are to be filed according to the Police Station in which the FIR of the Accident was registered and the respective Courts under whose jurisdiction the Police Station lies.
Saturday, June 26, 2010
FOLDER - 1
1-Agreement to lease of land for construction of house
2-Lease deed of land
3-Lease Of Agricultural Land
4-Lease of a building for office
5-Lease of a furnished house for residential purposes
6-Tenancy in the form of letter by the person proposing to take premises on rent
7-Deed of surrender of lease
8-Deed of renewal of lease
9-Tripartite lease agreement between lessor, lessee and the guarantor
10-Agreement for letting furnished dwelling house or flat On short period tenancy
11-Agreement To Lease For A Long Period
12-Agreement For Building Lease
13-Deed Of Lease (For A Term Of Years)
14-Deed of lease (for a term in perpetuity)
15-Deed Of Sub-Lease
16-Deed Of Surrender Of The Whole Property
17-Leave And License Agreement
18-Leave and license agreement to a company For residence of its officers
19-Leave and license agreement in respect of A part of the premises
20-Perpetual Lease Of A Land
21-Licence To Use The House
22-Deed For Modification Of The Terms Of The Lease
23-Lease Of Land For Limited Period
24-Surrender Of Lease
25-Lease Disguised As Licence
26-Lease Of A House On Monthly Tenancy
27-Licence authorizing the licensee to use the part of land of the licensor as way to the house of the licensee.
28-Licence To Use The House For A Definite Period
29-Licence To Use Copy Right
FOLDER - 2
FOLDER - 2
1-Agreement to lease of land for construction of house
2-Lease deed of land
3-Lease Of Agricultural Land
4-Lease of a building for office
5-Lease of a furnished house for residential purposes
6-Tenancy in the form of letter by the person proposing to take premises on rent
7-Deed of surrender of lease
8-Deed of renewal of lease
9-Tripartite lease agreement between lessor, lessee and the guarantor
10-Agreement for letting furnished dwelling house or flat On short period tenancy
11-Agreement To Lease For A Long Period
12-Agreement For Building Lease
13-Deed Of Lease (For A Term Of Years)
14-Deed of lease (for a term in perpetuity)
15-Deed Of Sub-Lease
16-Deed Of Surrender Of The Whole Property
17-Leave And License Agreement
18-Leave and license agreement to a company For residence of its officers
19-Leave and license agreement in respect of A part of the premises
20-Perpetual Lease Of A Land
21-Licence To Use The House
22-Deed For Modification Of The Terms Of The Lease
23-Lease Of Land For Limited Period
24-Surrender Of Lease
25-Lease Disguised As Licence
26-Lease Of A House On Monthly Tenancy
27-Licence authorizing the licensee to use the part of land of the licensor as way to the house of the licensee.
28-Licence To Use The House For A Definite Period
29-Licence To Use Copy Right
1-Agreement to lease of land for construction of house
2-Lease deed of land
3-Lease Of Agricultural Land
4-Lease of a building for office
5-Lease of a furnished house for residential purposes
6-Tenancy in the form of letter by the person proposing to take premises on rent
7-Deed of surrender of lease
8-Deed of renewal of lease
9-Tripartite lease agreement between lessor, lessee and the guarantor
10-Agreement for letting furnished dwelling house or flat On short period tenancy
11-Agreement To Lease For A Long Period
12-Agreement For Building Lease
13-Deed Of Lease (For A Term Of Years)
14-Deed of lease (for a term in perpetuity)
15-Deed Of Sub-Lease
16-Deed Of Surrender Of The Whole Property
17-Leave And License Agreement
18-Leave and license agreement to a company For residence of its officers
19-Leave and license agreement in respect of A part of the premises
20-Perpetual Lease Of A Land
21-Licence To Use The House
22-Deed For Modification Of The Terms Of The Lease
23-Lease Of Land For Limited Period
24-Surrender Of Lease
25-Lease Disguised As Licence
26-Lease Of A House On Monthly Tenancy
27-Licence authorizing the licensee to use the part of land of the licensor as way to the house of the licensee.
28-Licence To Use The House For A Definite Period
29-Licence To Use Copy Right
1- AGREEMENT TO LEASE OF LAND FOR CONSTRUCTION OF HOUSE
1- AGREEMENT TO LEASE OF LAND FOR CONSTRUCTION OF HOUSE
THIS AGREEMENT to lease made at ............ on this .............. day of ................... 2000, between A, son of ........................ resident of ............................. hereinafter referred to as "the lessor" of the ONE PART and B, son of .................... ....... resident of .................................. hereinafter referred to as "the Lessee" of the OTHER PART.
WHEREAS the Lessor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the piece of land bearing Plot No. .................situated at ………………….................. more particularly described in the Schedule hereunder written; and hereinafter referred to as the "said premises".
AND WHEREAS the Lessee has requested the Lesser to grant lease of the said premises for construction of a house thereon which will be used for his residential purpose or for letting out for residential purpose.
AND WHEREAS the Lessor has agreed to grant lease of the said premises on the terms and conditions hereinafter appearing.
NOW THESE PRESENTS WITNESS and the parties hereby mutually agree as follows:
1. The Lessor agrees to demise to the lessee and the Lessee agrees to take on lease the piece of land bearing Plot No. .................. situated at ……………………............................ ( more particularly described in the Schedule hereunder written ), for a period of 99 years at a yearly rent of Rs .................. to be paid in advance from the date of the Deed of Lease. The lessee shall also be liable to pay the taxes, assessment dues and duties payable in respect of the said premises and the building constructed thereon to the Municipal Corporation of .................. Government of ................ or any local or other authority.
2. The Lessor shall make out clear and marketable title to the said premises free from all encumbrances, mortgage, charge, lien, claims or reasonable doubts.
3. The Lessor shall produce or cause to be produced to the Lessee or his Advocate the documents of title in his possession or power in a respect of the said premises for investigation of title to the said premises.
4. The Lessee's Advocate shall send requisition on title to the said premises to the Lessor or his Advocate within one month from the date of production of the title deeds for inspection, failing which the Lessee will be deemed to have accepted the title of the Lessor of the said premises.
5. The Lessor shall grant lease within one month of lessor making out a marketable title as aforesaid or the lessee accepting the title of the lessor.
6. The Lessor shall complete the transaction of lease within a period of three months from the date hereof and shall hand over the vacant possession on the date of completion of the said premises to the lessee.
7. The lessor shall pay all taxes, assessments, dues and duties payable in respect of the said premises upto the date of completion of the lease.
8. The Lessee shall bear the stamp duty, registration charges and other expenses in respect of the Deed of lease. The Lessor shall bear and pay all other costs incurred by him including his Advocate's fees.
9. If any permission or no objection certificate is required to be obtained from the Government or local authority for granting the lease of the said premises, the Lessor shall obtain the same at his own costs.
10. If the lessor fails to complete the transaction within the stipulated period or to make out marketable title to the said premises, the lessee will have the option to cancel this Agreement by one month prior notice to the Lessor. If the Lessee fails to complete the transaction, the lessor may cancel this agreement by one month prior notice to the lessee to that effect.
IN WITNESS WHEREOF, the parties have put their respective hands, the day and year first hereinabove written.
Signed and delivered by the within named lessor
Signed and delivered by the within named Lessee
WITNESSES;
1.
2.
THIS AGREEMENT to lease made at ............ on this .............. day of ................... 2000, between A, son of ........................ resident of ............................. hereinafter referred to as "the lessor" of the ONE PART and B, son of .................... ....... resident of .................................. hereinafter referred to as "the Lessee" of the OTHER PART.
WHEREAS the Lessor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the piece of land bearing Plot No. .................situated at ………………….................. more particularly described in the Schedule hereunder written; and hereinafter referred to as the "said premises".
AND WHEREAS the Lessee has requested the Lesser to grant lease of the said premises for construction of a house thereon which will be used for his residential purpose or for letting out for residential purpose.
AND WHEREAS the Lessor has agreed to grant lease of the said premises on the terms and conditions hereinafter appearing.
NOW THESE PRESENTS WITNESS and the parties hereby mutually agree as follows:
1. The Lessor agrees to demise to the lessee and the Lessee agrees to take on lease the piece of land bearing Plot No. .................. situated at ……………………............................ ( more particularly described in the Schedule hereunder written ), for a period of 99 years at a yearly rent of Rs .................. to be paid in advance from the date of the Deed of Lease. The lessee shall also be liable to pay the taxes, assessment dues and duties payable in respect of the said premises and the building constructed thereon to the Municipal Corporation of .................. Government of ................ or any local or other authority.
2. The Lessor shall make out clear and marketable title to the said premises free from all encumbrances, mortgage, charge, lien, claims or reasonable doubts.
3. The Lessor shall produce or cause to be produced to the Lessee or his Advocate the documents of title in his possession or power in a respect of the said premises for investigation of title to the said premises.
4. The Lessee's Advocate shall send requisition on title to the said premises to the Lessor or his Advocate within one month from the date of production of the title deeds for inspection, failing which the Lessee will be deemed to have accepted the title of the Lessor of the said premises.
5. The Lessor shall grant lease within one month of lessor making out a marketable title as aforesaid or the lessee accepting the title of the lessor.
6. The Lessor shall complete the transaction of lease within a period of three months from the date hereof and shall hand over the vacant possession on the date of completion of the said premises to the lessee.
7. The lessor shall pay all taxes, assessments, dues and duties payable in respect of the said premises upto the date of completion of the lease.
8. The Lessee shall bear the stamp duty, registration charges and other expenses in respect of the Deed of lease. The Lessor shall bear and pay all other costs incurred by him including his Advocate's fees.
9. If any permission or no objection certificate is required to be obtained from the Government or local authority for granting the lease of the said premises, the Lessor shall obtain the same at his own costs.
10. If the lessor fails to complete the transaction within the stipulated period or to make out marketable title to the said premises, the lessee will have the option to cancel this Agreement by one month prior notice to the Lessor. If the Lessee fails to complete the transaction, the lessor may cancel this agreement by one month prior notice to the lessee to that effect.
IN WITNESS WHEREOF, the parties have put their respective hands, the day and year first hereinabove written.
Signed and delivered by the within named lessor
Signed and delivered by the within named Lessee
WITNESSES;
1.
2.
2-LEASE DEED OF LAND
2-LEASE DEED OF LAND
THIS DEED OF LEASE made at ................. this ................. day of ................., 2000, between ................. son of ................. resident of .................. hereinafter referred to as "the Lessor" of the ONE PART and ................. son of ................. resident of ............... hereinafter referred to as "the Lessee" of the OTHER PART.
WHEREAS the Lessor is the exclusive owner of piece of land bearing Plot No. .................. situated at ……………………………………. ( more particularly described in the Schedule A hereunder written ), hereinafter referred to as the demised premises.
AND WHEREAS the Lessor has agreed to grant to the Lessee a lease in respect of the said premises for a period of .............. years, vide Agreement of premises lease dated .............. hereinafter referred to as "the said agreement" subject to terms and conditions laid down in the said agreement.
AND WHEREAS the lessor has made out his marketable title to the demised premises free from all encumbrances, claims or reasonable doubts.
NOW THIS DEED WITNESSETH AS FOLLOWS:
1. In pursuance of the said agreement and in consideration of the rent hereby granted and the Lessee's covenants hereinafter mentioned, the Lessor hereby demise unto the lessee the demised premises, to hold the demised premises unto the Lessee (and his heirs, executors, administrators and assigns) for a period of................. years commencing from the ................. day of ................., 2000, at a yearly rent of the year for which it is due, the first of such yearly rent shall be paid on ................. and the subsequent rent to be paid on or before the ................. day of every succeeding year regularly.
2. The lessee shall construct a suitable house and other structures on the demised premises hereby demised according to and in conformity with the map or plans hereto annexed, which has already been sanctioned by the Municipal Corporation of.................. within a period of one year from the date hereof.
3. The Lessee hereby agrees to the following covenants:
(a) To pay rent hereby reserved on the day and in the manner aforesaid to the lessor.
(b) To pay all taxes, cess, impositions, assessments, dues and 9, duties payable in respect of the demised premises and the building to be constructed thereon to the Government of .................. or the Municipal Corporation or any other local authority or public body.
(c) Not to sub-let, sell, dispose of or assign the demised premises or the house constructed on the demised premises without the consent of the lessor in writing.
(d) To keep the building constructed on the demised premises in good and tenantable condition.
(e) To permit the lessor or his duly authorised agent or agents to enter the demised premises at all convenient times for inspection of the building.
(f) To insure and to keep insured the building that may be constructed on the demised premises against the loss or damages by d fire, earthquake, riot or affray with an insurance company approved in writing by the lessor in the joint names of lessor and lessee for an amount which shall not be less than Rs. ..................
(g) To use the demised premises for construction of house which will be used for residential purpose only.
(h) Not to use the demised premises or the building constructed or any part thereof for any illegal purpose.
4. The Lessor hereby agrees to the following covenants:
(a) The lessor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the demised premises and is having full power and absolute authority to demise unto the lessee the demised premises.
(b) The lessee shall peacefully and quietly hold, possess and enjoy the demised premises, during the term of lease without any interruption, disturbance, claims or demand whatsoever by the lessor or any person or persons claiming under him, subject however, the lessee paying the said yearly rent on the due dates thereof and in the manner herein provided and observing and performing the covenants, conditions and stipulations herein contained and on his part to be observed and performed.
(c) Not to unreasonably withhold his consent to any sub-lease, transfer or assignment of the demised premises, if intended to be made by the lessee.
5. It is hereby agreed that if default is made by the lessee in payment of the rent for any three years, or in observance and performance of any of the covenants and stipulations hereby contained and on the part to be observed and performed by the lessee, then on each such default, the lessor shall be entitled in addition to or in the alternative to any other remedy that may be available to him at his discretion, to terminate the lease and eject the lessee from the premises demised and from the building, that may have been constructed thereon; and to take possession thereof as full and absolute owner thereof, provided that a notice in writing shall be given by the lessor to the lessee of his intention to terminate the lease and to take possession of the demised premises but if the arrears of rent are paid or the lessee comply with or carry out the covenants and conditions or stipulations, within fifteen days from the service of such notice, then the lessor shall not be entitled to take possession of the said premises and building.
AND IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
(a) On the expiry of the term hereby created and subject to the observance and performance of the covenants, conditions and stipulations herein contained and on his part to be observed and performed, the lessee will have the option to renew the lease of the demised premises for a further period of .............. years, provided he gives a notice to the effect in writing by registered post to the Lessor of his intention to do so at least three calendar months before the termination of the present lease; provided that the rent payable by the lessee to the lessor during the extended time of the lease shall be Rs. ............... per annum, which will include the rent of the demised premises and of the building constructed thereon, which an the expiry of term of the lease, shall vest in and be the absolute property of the Lessor as hereinabove mentioned. After the expiry of the said period of ................. years, the Lessee shall not be entitled to exercise further option of renewal of the lease and shall deliver the demised premises and the building constructed thereon to the lessor in good condition as hereinbefore provided.
(b) The Lessee shall be entitled to purchase the reversion during the subsistence of this demise, in respect of the demised premises on the payment to the Lessor, a consideration to be agreed upon between the Lessor and Lessee and the lessor shall execute conveyance in respect of the reversion of demised premises purchased by the Lessee in favour of the lessee or his nominee or nominees; provided that the lessee may be entitled to purchase a portion or portion of the reversion in respect of any portion of the demised premises, the rent hereby agreed to be paid by the Lessee to the Lessor shall be proportionately reduced.
(c) On the expiry of the term hereby created or earlier determination under the provisions hereof, the lessee will hand over the peaceful and vacant possession of the demised premises and building constructed thereon to the Lessor in a good condition.
6. This Lease Deed shall be executed in duplicate. The original shall be retained by the Lessor and the duplicate by the Lessee.
7. The stamp duty and all other expenses in respect of this Lease Deed and duplicate thereof shall be borne and paid by the Lessee.
8. The marginal notes and the catch lines hereto are meant only for convenience of references and shall not in any way be taken into account in the interpretation of these presents.
IN WITNESS WHEREOF, the Lessor has set its hand unto these presents and a duplicate hereof and the Lessee has caused its common seal to be affixed hereunder and a duplicate hereof on the day, month and year first hereinabove written.
The Schedule A above referred to
Signed and delivered by the within named lessor
Signed and delivered by the within named lessee
WITNESSES;
1.
2.
THIS DEED OF LEASE made at ................. this ................. day of ................., 2000, between ................. son of ................. resident of .................. hereinafter referred to as "the Lessor" of the ONE PART and ................. son of ................. resident of ............... hereinafter referred to as "the Lessee" of the OTHER PART.
WHEREAS the Lessor is the exclusive owner of piece of land bearing Plot No. .................. situated at ……………………………………. ( more particularly described in the Schedule A hereunder written ), hereinafter referred to as the demised premises.
AND WHEREAS the Lessor has agreed to grant to the Lessee a lease in respect of the said premises for a period of .............. years, vide Agreement of premises lease dated .............. hereinafter referred to as "the said agreement" subject to terms and conditions laid down in the said agreement.
AND WHEREAS the lessor has made out his marketable title to the demised premises free from all encumbrances, claims or reasonable doubts.
NOW THIS DEED WITNESSETH AS FOLLOWS:
1. In pursuance of the said agreement and in consideration of the rent hereby granted and the Lessee's covenants hereinafter mentioned, the Lessor hereby demise unto the lessee the demised premises, to hold the demised premises unto the Lessee (and his heirs, executors, administrators and assigns) for a period of................. years commencing from the ................. day of ................., 2000, at a yearly rent of the year for which it is due, the first of such yearly rent shall be paid on ................. and the subsequent rent to be paid on or before the ................. day of every succeeding year regularly.
2. The lessee shall construct a suitable house and other structures on the demised premises hereby demised according to and in conformity with the map or plans hereto annexed, which has already been sanctioned by the Municipal Corporation of.................. within a period of one year from the date hereof.
3. The Lessee hereby agrees to the following covenants:
(a) To pay rent hereby reserved on the day and in the manner aforesaid to the lessor.
(b) To pay all taxes, cess, impositions, assessments, dues and 9, duties payable in respect of the demised premises and the building to be constructed thereon to the Government of .................. or the Municipal Corporation or any other local authority or public body.
(c) Not to sub-let, sell, dispose of or assign the demised premises or the house constructed on the demised premises without the consent of the lessor in writing.
(d) To keep the building constructed on the demised premises in good and tenantable condition.
(e) To permit the lessor or his duly authorised agent or agents to enter the demised premises at all convenient times for inspection of the building.
(f) To insure and to keep insured the building that may be constructed on the demised premises against the loss or damages by d fire, earthquake, riot or affray with an insurance company approved in writing by the lessor in the joint names of lessor and lessee for an amount which shall not be less than Rs. ..................
(g) To use the demised premises for construction of house which will be used for residential purpose only.
(h) Not to use the demised premises or the building constructed or any part thereof for any illegal purpose.
4. The Lessor hereby agrees to the following covenants:
(a) The lessor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the demised premises and is having full power and absolute authority to demise unto the lessee the demised premises.
(b) The lessee shall peacefully and quietly hold, possess and enjoy the demised premises, during the term of lease without any interruption, disturbance, claims or demand whatsoever by the lessor or any person or persons claiming under him, subject however, the lessee paying the said yearly rent on the due dates thereof and in the manner herein provided and observing and performing the covenants, conditions and stipulations herein contained and on his part to be observed and performed.
(c) Not to unreasonably withhold his consent to any sub-lease, transfer or assignment of the demised premises, if intended to be made by the lessee.
5. It is hereby agreed that if default is made by the lessee in payment of the rent for any three years, or in observance and performance of any of the covenants and stipulations hereby contained and on the part to be observed and performed by the lessee, then on each such default, the lessor shall be entitled in addition to or in the alternative to any other remedy that may be available to him at his discretion, to terminate the lease and eject the lessee from the premises demised and from the building, that may have been constructed thereon; and to take possession thereof as full and absolute owner thereof, provided that a notice in writing shall be given by the lessor to the lessee of his intention to terminate the lease and to take possession of the demised premises but if the arrears of rent are paid or the lessee comply with or carry out the covenants and conditions or stipulations, within fifteen days from the service of such notice, then the lessor shall not be entitled to take possession of the said premises and building.
AND IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
(a) On the expiry of the term hereby created and subject to the observance and performance of the covenants, conditions and stipulations herein contained and on his part to be observed and performed, the lessee will have the option to renew the lease of the demised premises for a further period of .............. years, provided he gives a notice to the effect in writing by registered post to the Lessor of his intention to do so at least three calendar months before the termination of the present lease; provided that the rent payable by the lessee to the lessor during the extended time of the lease shall be Rs. ............... per annum, which will include the rent of the demised premises and of the building constructed thereon, which an the expiry of term of the lease, shall vest in and be the absolute property of the Lessor as hereinabove mentioned. After the expiry of the said period of ................. years, the Lessee shall not be entitled to exercise further option of renewal of the lease and shall deliver the demised premises and the building constructed thereon to the lessor in good condition as hereinbefore provided.
(b) The Lessee shall be entitled to purchase the reversion during the subsistence of this demise, in respect of the demised premises on the payment to the Lessor, a consideration to be agreed upon between the Lessor and Lessee and the lessor shall execute conveyance in respect of the reversion of demised premises purchased by the Lessee in favour of the lessee or his nominee or nominees; provided that the lessee may be entitled to purchase a portion or portion of the reversion in respect of any portion of the demised premises, the rent hereby agreed to be paid by the Lessee to the Lessor shall be proportionately reduced.
(c) On the expiry of the term hereby created or earlier determination under the provisions hereof, the lessee will hand over the peaceful and vacant possession of the demised premises and building constructed thereon to the Lessor in a good condition.
6. This Lease Deed shall be executed in duplicate. The original shall be retained by the Lessor and the duplicate by the Lessee.
7. The stamp duty and all other expenses in respect of this Lease Deed and duplicate thereof shall be borne and paid by the Lessee.
8. The marginal notes and the catch lines hereto are meant only for convenience of references and shall not in any way be taken into account in the interpretation of these presents.
IN WITNESS WHEREOF, the Lessor has set its hand unto these presents and a duplicate hereof and the Lessee has caused its common seal to be affixed hereunder and a duplicate hereof on the day, month and year first hereinabove written.
The Schedule A above referred to
Signed and delivered by the within named lessor
Signed and delivered by the within named lessee
WITNESSES;
1.
2.
3- LEASE OF AGRICULTURAL LAND
3- LEASE OF AGRICULTURAL LAND
THIS DEED OF LEASE made at ................. on the ................. day of ................. 19 ..... between A, son of ................. resident of ................. (hereinafter called the "Lessor") of the ONE PART and B, son of ................. resident of .................................. (hereinafter called the "Lessee") of the OTHER PART.
THIS DEED WITNESSETH AS FOLLOWS:
In consideration of the rent hereinafter reserved and of the Lessee's agreement hereinafter contained, the Lessor hereby demises to the Lessee a lease of All THOSE PIECE AND PARCELS OF LAND bearing Survey No. .................. Hissa No................... situate, lying and being at Village ............ Taluka .................. District ................. and the particulars whereof are specified in the Schedule hereto (all of which hereditaments are hereinafter called the "farm") together with a cottage, out houses and a farm house constructed in the Survey No ................... and trees, fences, hedges, ways, waters, walls, liberties, easements and appurtenances whatsoever belonging to the said farm TO HOLD the farm unto the lessee for the term of ............. years from the ................. day of ................. paying therefor during the said term the yearly rent of Rs. ................. by equal half-yearly payments on the ................. day of ................. and the ................. day of ................. free from all deductions except for landlord's property tax, the first payment to be made on the ................ day of ................. next .................
(2) The Lessee hereby covenants with the Lessor:
(i) To pay the reserved rent on the days and in the manner aforesaid.
(ii) To pay all existing and future rates, taxes, assessment and outgoings payable by law in respect of the farm by the owner or occupier (except Lessor's property tax).
(iii) To repair and keep in repair the cottage, out houses, and farm house on the farm and to whitewash when necessary and from time to time to tar such woodwork and coverings of buildings as may require so to be treated and to do all carting of material at his own expense.
(iv) To clean out and keep open and free and in working order all ditches, pipes, sewerages, drains, wells, springs, streams on the farm and to prevent streams from overflowing or being diverted so as to cause injury to adjoining occupants.
(v) To use the farm for agricultural purpose only.
(vi) Not to permit or suffer waste or spoil of any part of the farm nor to permit any encroachment and to use his best endeavours to prevent the acquisition of new rights of way or easements over any part of the farm.
(vii) To farm cultivate manure and manage the farm in a good and husband like manner according to the most approved methods o cultivation, so as to keep the farm in good condition.
(3) The Lessor hereby covenants with the lessee:
(i)To permit the lessee on his paying the rent hereby reserved and performing and observing the stipulations and provisions contained hereinabove, peaceably to hold and enjoy the farm and to enjoy its income, profits and crops during the term aforesaid without any interruption by the lessor or any person rightfully claiming under or in trust for him.
(ii) To pay the property tax in respect of the farm.
(iii) The lessee will have the option to renew the lease for a further period of ................. years, provided he informs to the Lessor of his intention to do so before the expiry of his lease; provided that the rent for the extended term of lease will be Rs. ................. per annum.
(4) It is hereby agreed and declared that the term "Lessor" and "Lessee" herein used shall unless inconsistent with the context or meaning thereof be deemed to include the heirs, executors, administrators and assigns of the respective parties.
(5) This Lease Deed shall be executed in duplicate. The original shall be retained by the Lessor and the duplicate by the lessee.
(6) The stamp duty and all other expenses in respect of this Lease Deed and duplicate thereof shall be borne and paid by the lessee.
(7) The marginal notes and the catch lines hereto are meant only for convenience of reference and shall not in any way be taken into account in the interpretation of these presents.
IN WITNESS WHEREOF, the lessor and the Lessee have put their respective hands on the original and duplicate thereof the day, month and year first hereinabove written.
The schedule above referred to
WITNESSES Signed and delivered by the within named Lessor ......
1.
2. Signed and delivered by the within named Lessee ……………..
THIS DEED OF LEASE made at ................. on the ................. day of ................. 19 ..... between A, son of ................. resident of ................. (hereinafter called the "Lessor") of the ONE PART and B, son of ................. resident of .................................. (hereinafter called the "Lessee") of the OTHER PART.
THIS DEED WITNESSETH AS FOLLOWS:
In consideration of the rent hereinafter reserved and of the Lessee's agreement hereinafter contained, the Lessor hereby demises to the Lessee a lease of All THOSE PIECE AND PARCELS OF LAND bearing Survey No. .................. Hissa No................... situate, lying and being at Village ............ Taluka .................. District ................. and the particulars whereof are specified in the Schedule hereto (all of which hereditaments are hereinafter called the "farm") together with a cottage, out houses and a farm house constructed in the Survey No ................... and trees, fences, hedges, ways, waters, walls, liberties, easements and appurtenances whatsoever belonging to the said farm TO HOLD the farm unto the lessee for the term of ............. years from the ................. day of ................. paying therefor during the said term the yearly rent of Rs. ................. by equal half-yearly payments on the ................. day of ................. and the ................. day of ................. free from all deductions except for landlord's property tax, the first payment to be made on the ................ day of ................. next .................
(2) The Lessee hereby covenants with the Lessor:
(i) To pay the reserved rent on the days and in the manner aforesaid.
(ii) To pay all existing and future rates, taxes, assessment and outgoings payable by law in respect of the farm by the owner or occupier (except Lessor's property tax).
(iii) To repair and keep in repair the cottage, out houses, and farm house on the farm and to whitewash when necessary and from time to time to tar such woodwork and coverings of buildings as may require so to be treated and to do all carting of material at his own expense.
(iv) To clean out and keep open and free and in working order all ditches, pipes, sewerages, drains, wells, springs, streams on the farm and to prevent streams from overflowing or being diverted so as to cause injury to adjoining occupants.
(v) To use the farm for agricultural purpose only.
(vi) Not to permit or suffer waste or spoil of any part of the farm nor to permit any encroachment and to use his best endeavours to prevent the acquisition of new rights of way or easements over any part of the farm.
(vii) To farm cultivate manure and manage the farm in a good and husband like manner according to the most approved methods o cultivation, so as to keep the farm in good condition.
(3) The Lessor hereby covenants with the lessee:
(i)To permit the lessee on his paying the rent hereby reserved and performing and observing the stipulations and provisions contained hereinabove, peaceably to hold and enjoy the farm and to enjoy its income, profits and crops during the term aforesaid without any interruption by the lessor or any person rightfully claiming under or in trust for him.
(ii) To pay the property tax in respect of the farm.
(iii) The lessee will have the option to renew the lease for a further period of ................. years, provided he informs to the Lessor of his intention to do so before the expiry of his lease; provided that the rent for the extended term of lease will be Rs. ................. per annum.
(4) It is hereby agreed and declared that the term "Lessor" and "Lessee" herein used shall unless inconsistent with the context or meaning thereof be deemed to include the heirs, executors, administrators and assigns of the respective parties.
(5) This Lease Deed shall be executed in duplicate. The original shall be retained by the Lessor and the duplicate by the lessee.
(6) The stamp duty and all other expenses in respect of this Lease Deed and duplicate thereof shall be borne and paid by the lessee.
(7) The marginal notes and the catch lines hereto are meant only for convenience of reference and shall not in any way be taken into account in the interpretation of these presents.
IN WITNESS WHEREOF, the lessor and the Lessee have put their respective hands on the original and duplicate thereof the day, month and year first hereinabove written.
The schedule above referred to
WITNESSES Signed and delivered by the within named Lessor ......
1.
2. Signed and delivered by the within named Lessee ……………..
4-- LEASE OF A BUILDING FOR OFFICE
4-- LEASE OF A BUILDING FOR OFFICE
THIS INDENTURE of lease is made at ................. this ................. day of ................., 2000, between A, son of ................. resident of ................ (hereinafter called "the lessor", which expression shall, unless repugnant to the context and meaning include his heirs, successors, administrators and assigns) of the ONE PART and ........................... a company incorporated under the Companies Act, 1956 and having its registered office at ................. (hereinafter called "the Lessee", which expression shall, unless be repugnant to the context and meaning, include its successors and assigns) of the OTHER PART.
WHEREAS the lessor is absolutely seized and possessed or otherwise well and sufficiently entitled to the building bearing Municipal No. ................. situated at ………………………………………..
AND WHEREAS on the request of the Lessee, the lessor has agreed to grant lease in respect of the demised premises for a term of ................. years in the manner hereinafter appearing.
NOW THIS DEED WITNESSETH AS FOLLOWS:
1. In pursuance of the said agreement and in consideration of the rent hereby reserved and of the covenants, conditions and stipulations hereinafter contained and on the Lessee's part to be paid, observed and performed, THE LESSOR HEREBY DEMISES UNTO THE LESSEE ALL THAT the building bearing Municipal No. situated at …………………………………………… (more particularly described in Schedule I hereto) and hereinafter called as the demised premises, TOGETHER WITH ALL the fixtures and fittings therein, (a complete list whereof is given in Schedule II hereto) TOGETHER WITH the electrical installations and together with the right for the Lessee, its employees, servants, agents, customers and persons authorised by the Lessee in common with the Lessor and all the persons authorised by the lessor to use the entrances, door ways, entrance hall, stair cases, landings and passages in the demised premises for the purpose of ingress thereto, TO HOLD the demised premises unto the Lessee for the period of ................. years only commencing from the ................. and determining on ................. but determinable earlier as hereinafter provided PAYING therefor unto the Lessor during the said term monthly rent of Rs.................. payable by the tenth of each succeeding calendar month to which it relates.
2. The lessee hereby covenants with the lessor as follows:
(a) To pay the rent as aforesaid on the days and in the manner aforesaid.
(b) To pay rates, taxes, assessment, duties, cess, impositions, outgoings and burdens whatsoever payable to State of .................. Municipal Corporation of.................. local or other authority, which may at any time or from time to lime during the term hereby created be imposed or charged upon the demised premises.
(c) To pay the electricity bills for the electricity consumed for lighting the demised premises and for operation of Air Conditioners, Fans, Computers and electrical appliances in the demised premises.
(d) Not to make any structural alterations into or upon the demised premises or make any alterations or addition to the external appearance or any part of the demised premises without the previous consent of the Lessor in writing.
(e) To use the demised premises for office purposes of the Lessee.
(f) Not to do or suffer to be done in or upon the demised premises or other parts of the said building in common with other persons anything whatsoever, which may be or become a nuisance or annoyance to or in any way interfere with the quiet or comfort of the Lessor or other Lessees and occupiers of the said building.
(g) Not to place or keep or permit to be placed or kept on the demised premises any offensive, dangerous or highly inflammable or explosive material or any other article or things, which may constitute a danger, nuisance or annoyance to the demised or surrounding premises or the owners or occupiers thereof.
(h) Not to sub-let, transfer, assign or part with the possession of the demised premises or any part thereof.
(i) To permit the Lessor, his servants, employees or agents duly authorised by him to enter into and upon the demised premises at all reasonable times for viewing the condition of the demised premises or doing such works or things as may be requisite or necessary for any repairs, alteration, servicing or improvements to the demised premises.
(j) To hand over the peaceful possession of the demised premises at the end or the sooner determination of the said term together with all the Lessor's fixtures and fittings in as good condition as received, fair wear and tear, damage by fire, acts of God, riots or other civil commotion, war, enemy action and/or other cause not within the control of the Lessee, being excepted.
(k) Not to obstruct or suffer to be obstructed the entrance hall, entrances, doorways, passages, staircase or lifts.
(l) To insure and keep the demised premises insured against loss or damages by fire with an insurance company approved in writing by the Lessor for an amount which shall be not less than Rs. .................. unless otherwise agreed to in writing between the parties.
(m) To carry minor repairs in the demised premises not exceeding 9 the extent of Rs. 10,000 per year.
(n) To replace all broken fittings and fixtures by equally good or better substitutes.
3. The Lessor doth hereby covenant with the Lessee as follows:
(a) That on the Lessee paying the rent on the due dates thereof and in the manner herein provided and observing and performing the covenants, conditions and stipulations herein contained and on his part to be observed and performed, shall peaceably and quietly hold, possess and enjoy the demised premises during the term without any interruption, disturbance, claim and demand by the Lessor or any person lawfully claiming under or trust for the Lessor.
(b) To keep the interior, exterior of the demised premises, the drainage thereof and the water pump in good and tenable repair and condition.
(c) To keep the entrance, door ways, entrance halls, staircases, lobbies and passages in the said building leading to demised premises well and sufficiently cleaned and lighted at his own expenses.
4. It is hereby agreed and declared that these presents are on the express condition, that if the rent or any part thereof payable in respect of the demised premises shall be in arrears for a period of two months or by if the Lessee shall omit to perform or observe any covenants or conditions on the lessee's part herein contained, the Lessor may re-enter upon the demised premises provided that the Lessor has served a notice to the Lessee and a period of one month has elapsed after the issue of such notice, the Lessee does not pay the rent or does not perform or observe the covenant or condition and thereupon this demise and all rights of the Lessee hereunder shall determine.
IT IS HEREBY EXPRESSLY AGREED BETWEEN THE PARTIES AS FOLLOWS:
(a) The lessee shall be entitled to erect fittings, fixtures, wooden partitions, cabins or make any such addition or alteration, as may be necessary for its use by the Lessee; provided that the lessee shall remove the said fittings, fixtures, wooden partitions, cabins, additions or alterations and restore the demised premises to the Lessor on the expiry of the term or sooner determination of the lease in the same condition as existed before making such changes.
(b) If the Lessor fails to pay the taxes, charges, assessment payable by him, or fails to carry out the necessary repairs and other work which he has to carry out as provided herein, the Lessee may after one month notice in writing, pay, discharge and can out the same at its own cost and the Lessee may set off the same from the rent payable to the Lessor under these presents.
5. This Lease Deed shall be executed in duplicate. The original shall be retained by the Lessor and the duplicate by the Lessee.
6. The stamp duty and all other expenses in respect of this Lease Deed and duplicate thereof shall be borne and paid by the Lessee.
7. The marginal notes and the catch lines hereto are meant only for convenience of references and shall not in any way be taken into account in the interpretation of these presents.
IN WITNESS WHEREOF, the Lessor has set its hand unto these presents and a duplicate hereof and the Lessee has caused its common seal to be affixed hereunder and a duplicate hereof on the day, month and year first hereinabove written.
The Schedule I above referred to
The Schedule II above referred to
Signed and delivered by the within named lessor ......
The common seal of the within named Lessee ..............
Pvt. Ltd. was hereunto affixed pursuant to the resolution
of its Board of Directors passed on the ..........………….
in the presence of Shri ................. and Shri …………..
................ Directors who have signed these presents
THIS INDENTURE of lease is made at ................. this ................. day of ................., 2000, between A, son of ................. resident of ................ (hereinafter called "the lessor", which expression shall, unless repugnant to the context and meaning include his heirs, successors, administrators and assigns) of the ONE PART and ........................... a company incorporated under the Companies Act, 1956 and having its registered office at ................. (hereinafter called "the Lessee", which expression shall, unless be repugnant to the context and meaning, include its successors and assigns) of the OTHER PART.
WHEREAS the lessor is absolutely seized and possessed or otherwise well and sufficiently entitled to the building bearing Municipal No. ................. situated at ………………………………………..
AND WHEREAS on the request of the Lessee, the lessor has agreed to grant lease in respect of the demised premises for a term of ................. years in the manner hereinafter appearing.
NOW THIS DEED WITNESSETH AS FOLLOWS:
1. In pursuance of the said agreement and in consideration of the rent hereby reserved and of the covenants, conditions and stipulations hereinafter contained and on the Lessee's part to be paid, observed and performed, THE LESSOR HEREBY DEMISES UNTO THE LESSEE ALL THAT the building bearing Municipal No. situated at …………………………………………… (more particularly described in Schedule I hereto) and hereinafter called as the demised premises, TOGETHER WITH ALL the fixtures and fittings therein, (a complete list whereof is given in Schedule II hereto) TOGETHER WITH the electrical installations and together with the right for the Lessee, its employees, servants, agents, customers and persons authorised by the Lessee in common with the Lessor and all the persons authorised by the lessor to use the entrances, door ways, entrance hall, stair cases, landings and passages in the demised premises for the purpose of ingress thereto, TO HOLD the demised premises unto the Lessee for the period of ................. years only commencing from the ................. and determining on ................. but determinable earlier as hereinafter provided PAYING therefor unto the Lessor during the said term monthly rent of Rs.................. payable by the tenth of each succeeding calendar month to which it relates.
2. The lessee hereby covenants with the lessor as follows:
(a) To pay the rent as aforesaid on the days and in the manner aforesaid.
(b) To pay rates, taxes, assessment, duties, cess, impositions, outgoings and burdens whatsoever payable to State of .................. Municipal Corporation of.................. local or other authority, which may at any time or from time to lime during the term hereby created be imposed or charged upon the demised premises.
(c) To pay the electricity bills for the electricity consumed for lighting the demised premises and for operation of Air Conditioners, Fans, Computers and electrical appliances in the demised premises.
(d) Not to make any structural alterations into or upon the demised premises or make any alterations or addition to the external appearance or any part of the demised premises without the previous consent of the Lessor in writing.
(e) To use the demised premises for office purposes of the Lessee.
(f) Not to do or suffer to be done in or upon the demised premises or other parts of the said building in common with other persons anything whatsoever, which may be or become a nuisance or annoyance to or in any way interfere with the quiet or comfort of the Lessor or other Lessees and occupiers of the said building.
(g) Not to place or keep or permit to be placed or kept on the demised premises any offensive, dangerous or highly inflammable or explosive material or any other article or things, which may constitute a danger, nuisance or annoyance to the demised or surrounding premises or the owners or occupiers thereof.
(h) Not to sub-let, transfer, assign or part with the possession of the demised premises or any part thereof.
(i) To permit the Lessor, his servants, employees or agents duly authorised by him to enter into and upon the demised premises at all reasonable times for viewing the condition of the demised premises or doing such works or things as may be requisite or necessary for any repairs, alteration, servicing or improvements to the demised premises.
(j) To hand over the peaceful possession of the demised premises at the end or the sooner determination of the said term together with all the Lessor's fixtures and fittings in as good condition as received, fair wear and tear, damage by fire, acts of God, riots or other civil commotion, war, enemy action and/or other cause not within the control of the Lessee, being excepted.
(k) Not to obstruct or suffer to be obstructed the entrance hall, entrances, doorways, passages, staircase or lifts.
(l) To insure and keep the demised premises insured against loss or damages by fire with an insurance company approved in writing by the Lessor for an amount which shall be not less than Rs. .................. unless otherwise agreed to in writing between the parties.
(m) To carry minor repairs in the demised premises not exceeding 9 the extent of Rs. 10,000 per year.
(n) To replace all broken fittings and fixtures by equally good or better substitutes.
3. The Lessor doth hereby covenant with the Lessee as follows:
(a) That on the Lessee paying the rent on the due dates thereof and in the manner herein provided and observing and performing the covenants, conditions and stipulations herein contained and on his part to be observed and performed, shall peaceably and quietly hold, possess and enjoy the demised premises during the term without any interruption, disturbance, claim and demand by the Lessor or any person lawfully claiming under or trust for the Lessor.
(b) To keep the interior, exterior of the demised premises, the drainage thereof and the water pump in good and tenable repair and condition.
(c) To keep the entrance, door ways, entrance halls, staircases, lobbies and passages in the said building leading to demised premises well and sufficiently cleaned and lighted at his own expenses.
4. It is hereby agreed and declared that these presents are on the express condition, that if the rent or any part thereof payable in respect of the demised premises shall be in arrears for a period of two months or by if the Lessee shall omit to perform or observe any covenants or conditions on the lessee's part herein contained, the Lessor may re-enter upon the demised premises provided that the Lessor has served a notice to the Lessee and a period of one month has elapsed after the issue of such notice, the Lessee does not pay the rent or does not perform or observe the covenant or condition and thereupon this demise and all rights of the Lessee hereunder shall determine.
IT IS HEREBY EXPRESSLY AGREED BETWEEN THE PARTIES AS FOLLOWS:
(a) The lessee shall be entitled to erect fittings, fixtures, wooden partitions, cabins or make any such addition or alteration, as may be necessary for its use by the Lessee; provided that the lessee shall remove the said fittings, fixtures, wooden partitions, cabins, additions or alterations and restore the demised premises to the Lessor on the expiry of the term or sooner determination of the lease in the same condition as existed before making such changes.
(b) If the Lessor fails to pay the taxes, charges, assessment payable by him, or fails to carry out the necessary repairs and other work which he has to carry out as provided herein, the Lessee may after one month notice in writing, pay, discharge and can out the same at its own cost and the Lessee may set off the same from the rent payable to the Lessor under these presents.
5. This Lease Deed shall be executed in duplicate. The original shall be retained by the Lessor and the duplicate by the Lessee.
6. The stamp duty and all other expenses in respect of this Lease Deed and duplicate thereof shall be borne and paid by the Lessee.
7. The marginal notes and the catch lines hereto are meant only for convenience of references and shall not in any way be taken into account in the interpretation of these presents.
IN WITNESS WHEREOF, the Lessor has set its hand unto these presents and a duplicate hereof and the Lessee has caused its common seal to be affixed hereunder and a duplicate hereof on the day, month and year first hereinabove written.
The Schedule I above referred to
The Schedule II above referred to
Signed and delivered by the within named lessor ......
The common seal of the within named Lessee ..............
Pvt. Ltd. was hereunto affixed pursuant to the resolution
of its Board of Directors passed on the ..........………….
in the presence of Shri ................. and Shri …………..
................ Directors who have signed these presents
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