UNDER-LEASE
THIS DEED made at……………….this……………….day of……………….20 ………………between A, son of……………….resident of……………….(hereinafter referred to as "the Landlord") of the ONE PART and……………….Co operative Housing Society Ltd., (hereinafter referred to as "the Tenant") of the OTHER PART
WHEREAS
(1) By a Deed of Lease made at……………….on……………….day of……………….20……………between Shri……………….Lessor of the ONE PART and Shri………………., the Lessee, of the OTHER PART, and referred to as the Landlord herein, (which Lease Deed has been registered with the Sub-Registrar of Assurances at……………….on the……………….th day of……………….20……………….as Document No……………….in Book No ……………….Volume No……………….at pages No . to and is hereinafter referred to as the said Lease Deed), the Lessor demised unto the Lessee the land and premises described in the Schedule to the said Lease Deed (being described in the First Schedule hereunder written) for a period of 99 years commencing from ………………. at a yearly rent of Rs………………. on the terms and conditions as set out in the said Lease Deed.
(2) The Landlord has prepared a layout of the said demised premises by dividing the same into several plots and agreed to execute lease of various plots to the prospective purchasers.
(3) The tenant proposes to develop one of the Plots No. ……………..of the layout by constructing buildings thereon consisting of flats and has requested the Landlord to execute lease deed for…………….. years of the said Plot No
(4) Clause……………….of the said Lease Deed provides that the Lessee may assign, sub-lease or transfer his rights to any other person with the prior consent of the Lessor in writing and in pursuance of the said clause, the Lessee, (the Landlord herein) requested the Lessor to accord consent for executing sub-lease of the said Plot No. …………….. in favour of the tenant vide letter No . ……………….dated . ………………. which has been accorded by the Lessor vide his letter dated……………….addressed to the Landlord herein. The copy of both the letters, written by Landlord to the Lessor requesting for consent to sub-lease the said plot and by the Lessor to the Landlord according his consent thereto are annexed to this deed and marked together as Annexure 1.
(5) The Landlord has agreed to grant to the tenant an under-lease of the said Plot No……………….described in Second Schedule hereunder written and delineated on the Plan hereto annexed at Annexure 2, and thereon shown by Green colour boundary line (and forming part of the leasehold land described in the First Schedule hereunder written) hereinafter referred to as the demised premises on the terms and conditions hereinafter appearing.
NOW THIS DEED WITNESSETH AS FOLLOWS:
In consideration of the rent hereinafter reserved and the covenants on the part of the tenant hereinafter contained, the Landlord hereby demises unto the tenant for the purpose of building a residential building and using the same for residence only. All that land described in the Second Schedule hereto and delineated on the Plan hereto annexed at Annexure 2 and thereon shown by Green colour boundary line together with the free right of passage at all times and for all purposes to and from the demised premises, to hold the said premises to the tenant from the ………………. day of……………….for the term of……………….years paying therefor during the said term the annual rent of Rs ……………….by half-yearly payments on the……………….day of……………….and the……………….day of……………….in each year at the office of the Landlord or at such other place as the Landlord may appoint in this behalf, the first of such payments to be made on the……………….day of………………. next.
The tenant hereby covenants with the landlord as follows:
(a) To pay, the yearly rent hereby reserved without any deduction on the days and in manner hereinbefore mentioned.
(b)To pay all rates, taxes, and outgoings now payable or hereafter to, become payable in respect of the demised premises or the building constructed thereon or by the Landlord or the tenant in respect thereof.
(c)To keep the buildings and structures that may be erected or constructed on the demised premises in good and tenantable repairs.
(d) Not to use the said demised premises or building constructed thereon for any purpose other than for residential purpose.
(e) Not to assign, sub-let, transfer or part with possession of the demised premises-or any part thereof without the prior written consent of the Landlord.
(f)To perform the covenants and stipulations contained in the said Lease Deed affecting the property hereby demised, except the payment of rent and not to do or suffer to be done anything whereby the lease granted to the Landlord may be avoided or forfeited.
(g) to permit the Landlord to enter upon the demised premises during all reasonable hours for the purpose of performing any of the covenants and stipulations on the part of the Landlord in the said Lease Deed, which may be necessary to prevent its forfeiture.
(h) To indemnify and keep the Landlord indemnified against all actions, expenses, claims, demands or proceedings on account of the breach of the said covenants and stipulations.
(2)The Landlord hereby covenants with the tenant as follows:
(i)That the tenant paying the rent hereby reserved and performing all the covenants and stipulations by the teriant herein contained shall quietly and peaceably enjoy the demised premises during the said term without any unlawful interruption by the Landlord or any person whatsoever.
(ii) That the Landlord shall pay the rent reserved in the said Lease Deed and with at all times keep the tenant indemnified against all actions claims, demands or proceedings on account ,of non-payment of the said rent.,
(iii) To produce the said Lease Deed and deliver the copies thereof, whenever. demanded by the tenant.
(3)It is hereby declared and agreed between the parties that whenever the rent or any part thereof hereby reserved shall be in arrears for……………….months after due date, or if the tenant shall fail to observe or perform any of the covenants or stipulations on his part herein contained, it shall be lawful for the Landlord to re-enter and take possession of the demised premises and determine this lease without prejudice to his right to recover all arrears of rent and to take any action against the tenant for any damage for -breach of the covenant or stipulation.
(4) This Deed shall be executed in duplicat6i. The original shall be retained by the Landlord and the duplicate by the tenant.
(5) The stamp duty and all other expenses in respect of this Deed and duplicate thereof shall be borne and paid by the tenant.
(6) 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 parties hereto have set their respective signatures in the presence of witnesses on the day, month and year above written.
The First Schedule above referred to
(Particulars of the property leased to the Landlord)
The Second Schedule above referred to
(Particulars of the property sub-leased to the Tenant)
Annexure I
(Copy of the Letters written by the Landlord to the Lessor requesting for consent to sublease and the Lessor to the Landlord according his consent thereto).
Annexure 11
Site plan
WITNESSES
Signed and delivered by A, the within named Landlord
Signed and delivered by B, the within named Tenant