LEASE OF A FLOOR PREMISES (MAISONETTE)
The Deed of Lease made at..................this day of............20….. between...............(hereinafter referred to as "the Lessor" of the One Part and '.................' (hereinafter referred to as "the Lessee' of the Other Part;
(1) The Lessor is absolutely seized and possessed of or otherwise well and sufficiently entitled to a piece of land with a House thereon consisting of a ground and one upper floor, situated at............and more particularly described in the Schedule hereinafter written.
(2) The said upper floor or first floor has a built up area of..............sq meters and consists of a self contained residential flat with independent water and sanitary facilities and has also an independent staircase leading from the first floor level to the ground and abuts on the public road known as......and which premises are herein referred to as "the demised premises".
(3) The Lessee has requested the lessor to allow him to use and occupy the same on a lease for the period and at the rent and on the terms and conditions hereinafter recorded and which the Lessor has agreed to do.
NOW THIS DEED WITNESSETH that in pursuance of the said agreement and in consideration of the rent hereby reserved and of the terms and conditions, convents and agreements herein contained and on the part of the Lessee to be observed and performed, the Lessor doth hereby demise to the lessee all that the said demised premises To Hold the same unto the lessee and his heirs, executors and administrators and assigns for a term of fifty years(50) commencing from the day of..............but subject to the earlier determination thereof as hereinafter provided and yielding and paying therefor during the said term the monthly rent of Rs..................free and clear of all deductions and strictly in advance on or before the 5th day of each and every calendar month, the first of such monthly rent to be paid on or before the 5th day of the month next following the date of these presents and subsequent rents to be paid on or before the 5th day of each and every succeeding month regularly during the whole of the said term And the Lessee for himself, his heire executors, administrators and assigns and to the intent that the obligations herein contained shall continue throughout the term hereby created, covenants with the Lessor as follows ;
(a) To pay the rent hereby reserved on the days and in the manner aforesaid clear of all deductions. If the Lessee fails to make payment of any monthly rent on the due date thereof he shall pay to the Lessor interest thereon at the rate of Rs..............percent per annum from the date of default till payment thereof but this is without prejudice to the right of the Lessor to determine the lease for such default as hereinafter provided;
(b) To bear and pay to the Lessor one half part of the aggregate amount of rates, taxes, assessment, cess or duties payable in respect of the said property described in the Schedule hereunder written and payable to the Municipal Corporation and the Government and any other local body or authority as and when they become due and payable and on demand made by the Lessor forthwith and such amount will be deemed to form part of the rent payable by the Lessee for all purposes. At present the total taxes, cess and assessment payable by the Lessee are equal to the sum of Rs..................
(c) To keep the demised premises in good and tenantable repairs and not to allow any leakage of water therefrom to the ground floor of the said house and not to do or omit to do anything which would cause nuisance to the lessor or the occupant of the ground floor of the said house,
(d) Not to carry out any structural additions or alterations of the demised premises, inside or outside, without the written consent of the Lessor and which consent may be granted on such terms and conditions as the Lessor may think fit and proper.
(e) Not to encroach upon any part of the ground floor of the said house or any portion of the land on which it stands in any manner whatsoever.
(f)To use the demised premises only for the residence of the Lessee and his family members and for no other purpose.
(g) Not to sublet or assign the demised premises or any part thereof without the written consent of the Lessor.
(h) Not to enter upon and/or use for any purpose the open roof terrace of the said house except for the purpose of fixing T.V. antenna or repairs to the water connections from the overhead water tank.
(i) Not to cause any nuisance or annoyance to the Lessor or the occupants of the ground floor by throwing dirt or refuge or by creating noise or otherwise howsoever.
(j) Not to object to the Lessor carrying out any structural alterations or additions to the said house and which will not affect or jeopardise the rights of the Lessee under these presents, including putting up any additional floor or floors to the said house as permitted by the local authority; And the Lessor, doth covenant with the Lessee that
(a) The lessor has in himself good right and full power to demise unto the Lessee the demised premises in the manner aforesaid.
(b) On the Lessee paying the monthly rent on the due dates thereof and in the manner aforesaid and observing and performing the covenants, conditions and stipulations herein contained and on his part to be observed and performed he shall peacefully and quietly possess and enjoy the demised premises during the term hereby granted without eviction, interruption, disturbance, claim or demand whatsoever by the Lessor or any person or persons lawfully or equitably claiming by, from or in trust for him.
(k) And it is further agreed by and between the parties hereto as follows:
(a) The Lessee, his family members, visitors and guests will have full access from and to the demised premises over the entrance passage five feet in width running from the said public Road to the staircase leading to the demised premises as well as over the said staircase. It will be however the obligation of the Lesee to keep the said passage clean and the said staircase in proper repairs.
(b) The Lessee shall have the full right of support to the demised premises from and over the said land and the Lessor shall not do any act to affect that support.
(c) The Lessee shall have full and real right to the amenities of having full and uninterrupted water, electric and gas supply, of soil and sewage discharge through the existing pipe lines or connections passing through the other parts of the said land and house.
(d) The Lessee, his servants and agents will have the right to enter upon the ground floor premises for repairing and maintaining the demised premises in good and tenantable conditions and the Lessor shall give full facilities for the same-
(e) The Lessor shall maintain in good condition and working order all the said connections for supply of water, electricity or gas as well as the soil and sewage connections at his own costs provided that if any damage is caused to such connections by the Lessee or his servants or members of his family, his visitors or guests such damage will be made good by the Lessee at the costs of the Lessee, after due intimation thereof to the Lessee and the Lessee shall on demand pay such costs.
(f) The Lessor or his servant and agents will also have right to enter upon the demised premises for carrying out any work of repairs, additions or alterations to the said house or to the connections for the amenities aforesaid by previous notice thereof to the Lessee and the Lessee shall not object to the same.
(g) The Lessor shall have also the right to the shelter and protection of the ground floor premises and the Lessee shall not do or avoid doing any act which will affect such right.
(h) The Lessor shall keep the said house insured against any risk or damage by fire or earthquake or riots and the Lessee will be entitled to the proportionate benefit of any insurance claim received by the Lessor in the event of such damage.
It is hereby agreed and declared that these presents are granted on the express condition that if the monthly rent or any part thereof or any other amount payable by the Lessee under these presents shall be in arrears for the space of three months after the same shall have become due and payable, whether the same shall have been demanded or not or if any of the covenants, conditions or stipulations herein contained and on the part of the Lessee to be observed and performed shall not be so observed or performed by the Lessee his heirs, executors or assigns, then and in any such event, it shall be lawful for the Lessor or any person or persons duly authorised by him in that behalf, at any time hereafter to enter into or upon the demised premises or a part thereof in the name of the whole and the same to possess and enjoy and thereupon this demise shall absolutely determine. Provided that no entry shall be made under the foregoing power unless and until the Lessor shall have given to the Lessee a notice in writing specifying the breach of any covenant, condition or stipulation to be complied with and the Lessee shall have failed to comply wit hand carry out the same within a period of one month from the receipt of such notice by the Lessee. And it is lastly agreed and declared that on the expiration of the said period of the lease or earlier termination thereof as aforesaid, the Lessee shall hand over peaceful and vacant possession of the demised premises in good and te-nantable repairs to the Lessor.
IN WITHNESS WHEREOF the parties have put their hands the day and year first hereunder written
THE SCHEDULE ABOVE REFERRED TO
(description of property)
Signed and Delivered by the
Lessor '..............................' in the presence of
Signed and Delivered by the
Lessee '...................................' in the presence of