Apportionment of rent made between the lessees of two separate property comprising the land under a single lease (the landlord not being a party)
MUTUAL COVENANTS BY DECLARATION
For the purpose of apportioning the yearly rent of Rs............. reserved by the lease dated.............. of............... 20.... (hereinafter called the lease) registered etc.. (hereinafter called the first property) under Deed No. etc. and registered as to............. (hereinafter called the second property) under Deed No. etc. We [first lessee] of [address, etc.] being the lessee of Deed No......... and [second lessee] of [address, etc.] being the lessee of Deed No......... hereby for ourselves and our respective successors in title mutually agree and declare that the said rent of Rs........... reserved by the lease shall as from the............. day of......... be apportioned as follows namely: the yearly rent of Rs........... or part thereof shall be payable exclusively out of the first property in exoneration of the second property and the yearly rent of Rs.. the balance of the said rent of Rs.. shall be payable exclusively out of the second property in exoneration of the first property. I, the said [first lessee] for myself and my successors in title hereby covenant with the said [second lessee] and his successors in title that I or my successors in title will at all times from the............... day of............... 20...... pay the apportioned rent of Rs.. and observe and perform all the covenants, other than the covenant to pay the entire rent, agreements and conditions contained in the lease and on the part of the lessees to be observed and performed so far as they relate to the first property and also will at all times from the date aforesaid keep indemnified the said [second lessee] his successors in title and his and their estates and effects from and against all proceedings, costs, claims and expenses on account of any omission to pay the said apportioned rent of Rs....... or any breach of any of the said covenants, agreements and conditions so far as the same relate to the first property.
[Repeat the preceding clause substituting references to the second lessee for references to the first lessee and vice versa and substituting references to the second property for references to the first property.]
[AND WE the said [first lessee] and [second lessee] hereby respectively charge the first property and the second property with all monies which shall become payable by either the said [first lessee] or the said [second lessee] or our respective successors in title under the aforesaid respective covenants of indemnity in exoneration of the second property or the first property as the case
may be]. AND WE the said [first lessee] and [second lessee] give to the landlord notice of the apportionment effected by and the provisions contained in this deed on the above-mentioned lease.
IN WITNESS, etc.
[Signatures of all parties]
