Saturday 23 November 2013

Answer of Practical Copy LLB Paper 2 Question 10 Lease Deed

LEASE DEED
An agreement made the _________________ day of ___________years between
Sri./Smt._____________etc., (herein after called “the Lessor”) of the one part and
Sri./Smt.____________ etc. (hereinafter called “the Lessee”) of the other part.
Whereby it is agreed as follows:
1. The Lessor hereby demises to the Lessee all that dwelling house with the land
fully described in the schedule hereto together with all out -houses, pucca well,
motor garage, kitchen, pathways, passage, garden and other appurtenances
thereof, situated at _____________ to hold the same to the Lessee from
___________ day of _______ for the term of ______ years (or, year to year)
paying therefor during the said term the monthly rent of Rs._________
(Rupees _____________ only) payable on the first day of the month
succeeding that for which the rent is due;
2. The Lessee hereby agrees that he will during the said term (tenancy) pay all
rates; taxes and other charges excluding the house tax which now are or may
hereafter becomes payable in respect of the demised property;
3. The Lessor hereby agrees as follows:-
(i) That the Lessor shall keep the premises in good and substantial repairs
during the said term and shall annually white-wash and do all necessary
repairs to the out-houses and demised premises and on the Lessee giving
the Lessor notice in writing of any special decays, defects and want of
separation the Lessor will within one calendar month from the receipt of
such notice repair and amend the same;
(ii) That the Lessor shall repair when necessary, the well, the passages,
pathways and the road connecting the provincial road with the
bungalow hereby demised and shall get the well cleaned at least once a
year.
4. Provided always and it is hereby agreed as follows:
(i) That whenever any part of the rent hereby reserved shall be in arrears
for_____ months after due date or there shall be a breach of any of the
covenants by the Lessee herein contain the Lessor may re-enter on the
demised premises and determine this lease.
(ii) The tenancy hereby created shall be determinable at the option of the
Lessor/Lessee (or either party) by giving to Lessee/Lessor (or, the other
party) ______________ calendar month’s notice in writing.
5. It is hereby agreed between the parties that in respect of the demised premises
the parties hereto shall respectively have all the rights and be subject to all the
liabilities of a lessor and of a lessee as set forth in Section 108 of the Transfer
of Property Act, 1882, except Clause (m) thereof which is hereby excluded.
6. It is hereby agreed between the parties as follows:
(i) That any demand for payment or notice requiring to be made upon or
given to the Lessee shall be sufficiently made or given if sent by the
Lessor or his agent through the post by registered letter addressed to the
Lessee at the demised premises (or, at_______), and that notice
requiring to be given to the Lessor shall be sufficiently given if sent by
the Lessee through the post by registered letter addressed to the Lessor
at his usual or last known place of residence or business (or; at_______)
and that any demand or notice sent by post in either case shall be
assumed to have been delivered in the usual course of pose.
(ii) That wherever such in interpretation would be necessary in order to give
the fullest scope and effect legally possible to any covenant or contract
herein contained the expression “the Lessor” herein before used shall
include the owner for the time being of the Lessor’s interest in the
demised premises and the expression “the Lessee” herein before used
shall include his heirs, executors, administrators and permitted assigns.
In witness whereof the parties have put their signatures hereunder on the
day and the year first above -written (or, on the respective date mentioned
against their signatures)
SCHEDULE
(Leased under this deed)
All the piece and parcel of immovable property bearing No.____________*
Measuring _______________
Bounded by:-
On the East :
On the West :
On the South :
On the North :
Market value of the property leased under this deed is Rs._____________
(Rupees____________________________________only).
The Stamp duty is paid as per Article 30 of the Schedule to the Karnataka Stamp
Act, 1957.
IN WITNESS WHEREOF the parties herein have affixed their respective
signatures to this deed at _______________ on this ______________ day of
______________ year in presence of the witness:
WITNESSES:
1. LESSOR
2. LESSEE