Hereinafter called “THE LESSORS” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his /her / their heirs, executors and administrators in the case of an individual/s and the partners for the time being and the survivors or survivor in the case of a partnership and successors in the case of a corporate body)<br />…..OF THE ONE PART<br />A N D<br />M/S. UNIVERSAL CONSTRUCTION MACHINERY AND EQUIPMENT LIMITED<br />At khasara no. 109,114 ,117 ,119 A, 120 B, 121 A, 122A, 123A, 124A, 129A, 125 and 128 MI,situated at village Lalpur, NH 74 Rudrapur-Kichha – Bareilly Road, on 7 km from Rudrapur , District Udham- singh nagar State Uttarakhand.<br />Represented by Managing Director:-<br />
RANJEET ROHIDAS MORE,
Age-33, Occ. Business, A-2, Flat No. 302,<br />Karishma Society, Near Sangam Press,<br />Kothrud, Pune-29,<br />Hereinafter called “THE LESSEES” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his / her / their heirs, executors and administrators in the case of an individual/s and the partners for the time being and the survivors or survivor in the case of a partnership and successors in the case of a corporate body)<br />…..OF THE OTHER PART<br />WHEREAS,<br />
The Lessors have agreed to grant the Lessees a Lease in respect of the said The Lessors Nos. 1, 2, and 3 are absolutely seized and possessed of or otherwise well and sufficiently entitled to the land and the Lessors has purchased the land. The Lessees being in need of open land along with shade and building for the business purpose has requested the Lessors to allow / permit Lessees to use and occupy the said open land along with shade and building on Lease basis belonging to the Lessors and Leasee.
open land along with shade and building for a term of Two years in the manner hereinafter appearing.
NOW THIS DEED WITNESSETH AS FOLLOWS:-<br />
In pursuance of the said agreement and in consideration of the rent hereby reserved and of the terms and conditions, covenants and agreements herein contained and on the part of the lessees to be observed and performed the lessors doth hereby demise unto the lessees all that the said open land along with shade and building situated at village Lalpur, NH-74, Rudrapur - Kichha – Breilley Road on 7th Km from Rudrapur, Distt. Udham Singh Nagar, State- Uttrakhand Registration of Sub, Registrar Kichha district Udham Singh Nagar and described in the schedule II hereunder written (hereinafter for the referred to as ‘’ the “demised premises”) to hold the “demised premises” unto the lesses (and his/her/their heirs, executors administrators and assigns) for a term of Two years commencing from 25 day of 04/2009 but subject to the earlier determination of this demise as hereinafter provided and yielding and paying therefore during the said term a security deposit is of Rs. 5,000,00/- (Rupee Five Lacs Only) and a monthly lease rent is of Rs. 1,00,000/- (Rupee One Lacs Only) and above mentioned rent amount is equally distributed among all the Lessors and it is strictly in advance on or before the 10th day of each and every calendar month, and the subsequent rent to be paid on or before the 10th day of every succeeding month regularly.
The Lessees hereby for executors, administrators and assigns and to the intent that the obligations herein contained shall continue throughout the term hereby created covenants with the Lessors as follows :-
To pay the rent hereby reserved on the days and in the manner aforesaid clear of all deductions. The first of such monthly rent as herein before provided shall be paid on 10th day of each and every calendar month, and the subsequent rent to be paid on or before the 10th day of every succeeding month regularly.
To bear and discharge the existing and future rates, whatsoever which may at any time or from time to time during the term hereby created be imposed or charged upon the “demised premises” standing thereon and for the time being standing on the demised and payable to Lessors only and to keep the Lessors and his estate and effects indemnified against all such payment. The annual Grampanchyat taxes it is to be paid the Lessors.
The Lessees shall pay charges of electricity power consumed by the Lessees against the electricity meter installed in the premises by the Lessors, to the concerned authorities directly and submit the paid electricity bill to the Licensors immediately. The water charges and property tax of the will be paid by the Lessors. The Lessors shall regularly pay all the rates, taxes, cess, charges, assessments and other impositions, duties and outgoing to the concerned authorities as and when levied by the concerned authorities for and during the continuance of the agreement.
To keep the open land along with shade and building in good and tenantable repairs in the same way as the Lessors is liable to do under the law provided that if the Lessees so desires.
The Lessee shall be at liberty to carry out any additions or alternations or construction the commercial shade or do construction with prior permission from Lessors on the said open land along with shade and building during the lease period.
The Lessees shall be at liberty to affix sign boards, name boards, display board or neon lights in or about the said premises. The Lessees shall not sell or dispose commercial land. The Lessees has to use and permit to be used the “demised premises” for and all lawful purpose as may be permitted by the authorities from time to time.
To observe and comply with and satisfy all regulations, byelaws, rules and conditions now or at any time hereafter prescribed by Government or by any local authority.
To well and substantially repair, clean, maintain, upheld support, amend and keep the demised plot and premises and improvements which may at any time be thereon and all additions thereto and the boundary walls, hedges and fences and rates thereof and the drains sewers and other pipes and sanitary and water apparatus thereof (all of which are hereinafter included in the expression “THE DEMISE PREMISE” in good substantial condition and the brickwork property pointed.
The Lessee have right to deduct T.D.S. (Tax Deducted at Source) as per the prevailing rate i.e. 15% plus 2 % surcharge as applicable from the rent and T.D.S. Certificate will be issued by the Lessors to the Lessees at the end of the each financial year.
To keep the demised premises in a clean and sanitary condition and not to allow the same to be overgrown with weeds and rank vegetation to keep the hedges and fences in neat and proper order and repair to the satisfaction of the Lessors.
The Lessors with or without workmen, their representatives and agents and others, at all reasonable times have right to enter into and upon the said demise premises to view and inspect the state and condition thereof or for other purposes as may be necessary or required during the lease period.
Not to do or suffer anything to be done on the demised plot and premises which may cause damage, nuisance, annoyance, or inconvenience to the said premises. That if Lessees shall at any time make default in the performance of the covenants herein contained for or relating to the repair or maintenance of the said premises or any part thereof it shall be lawful for the Lessors with or without workmen and others at any time and from time to time (but without prejudice to the right of re-entry under the clause hereinafter contained) to enter upon the demised plot and premises and repair and maintain the same at the expenses of the Lessee in accordance with the covenants and provisions of these presents and the expenses of such repairs and maintenance shall be repaired by the Lessees of the Lessors on demand.
It is agreed and admitted that the lessees shall reimburse the insurance charges / premium paid by the Lessors for the use of “demised premises” as during the lease period.
To observ and perform the covenants conditions and obligations of the Lease the “Demised Premises” is held by the Lessors and where of the Lessees shall be presumed to have notice and will at the times indemnify that Lessors against any breach or non-observance thereof.
The Lessors dots hereby covenants with the Lessees that :-
The Lessors now has in himself good right full power and absolute authority to demise unto the Lessees the “demised premises” thereon in the manner herein appearing.
That on the Lessees paying the said monthly rent on the due dates thereof and in the manner herein provided and observing and performing the covenants, condition, and stipulations here in contained and on his part to be observed and performed shall and may peaceably and quietly, possess and enjoy the “demised premises” thereon during the term hereby created without any eviction , interruption , disturbance, claim and demand whatsoever by the Lessors or an person or persons lawfully or equitably claiming by , from under or in trust for him.
It is hereby agreed and declared that these presents are granted on the express condition that if the said monthly rent or any part thereof payable in the manner hereinbefore mentioned shall be in arrears for the space of three months after the same shall have become due and payable on any of the said days wherein the same ought to be paid as aforesaid whether the same shall or shall not be legally demanded or if any of the covenants and stipulations herein contained and on the part of the Lessees to be observed and performed shall not be so observed and performed lessees or if the Lessees shall raise any objection to the amount of the monthly hereby fixed for any reason whatsoever then and in such events it shall be lawful for the Lessors or any person or persons duly authorized by him in that behalf at any time hereafter to enter in to said “demised premises “ or any part or parts thereof in the name of the whole and the same to have, possess and enjoy and thereupon this demise shall absolutely determined but without prejudice to the right of action of the Lessors in respect of any breach of any of the covenants by the Lessees herein contained PROVIDED ALWAYS that , no re-entry shall be made under the foregoing power for breach of the covenants and stipulations herein contained and on the parts of the Lessees to be observed and performed (save and except the covenants for payment of rent) unless and until the Lessors shall have given to the Lessees notice in writing specifying the covenants and conditions or stipulations which require to be compiled with or carried out and the Lessees shall have failed tom comply with or carry out the same within One month from the date of the receipt of such notice.
AND IT IS HEREBY EXPRESSLY AGREED AND DECLARED BETWEEN THE PARTIES AS FOLLOWS:-
On the expiration of the term hereby created or earlier determination under the provision hereof for the “demised premises” shall automatically vest in the Lessors without payment of any compensation therefore by the Lessors to the Lessees. It is hereby agreed by the Lessees that before the expiry of the said Lease period if it is to be renewed for the further period then the Lessees has to inform to the Lessors in writing on or before Sixty days of expiry of such Lease period. If the lessees intends to surrender the said Lease on or before the expiry of the Lease period then the Lessees has to inform to the Lessors in writing, notice is to be given before Sixty days from such date of surrender.
It is hereby agreed and admitted by the Lessees that if the Lessees has made any damages to the “demised premises” whatsoever nature that has to be paid as actual cost as fixed or deposited by the certified Architect and it is deducted from the security deposit paid by the Lessee to the Lessors. After the expiry period of the Lease the Lessors shall returned the security deposite to the Lessee.
If any type of dispute, claim , litigation or any legal proceedings or any of court matter / proceedings arose during the Lease period it is admitted by the Lessees that Lessees will settle the dispute / claim / litigation / proceedings at its own cost and consequences thereof.
The Lessees shall not be entitled, without obtaining in the permission of the Lessors, to assign mortgage, sublet (except to the extent of creating monthly tenancies) or otherwise part with possession of the “demised premises”thereon thoygh such permission shall not be unreasonably withheld.
The Stamp duty and Registration charges, legal expenses required for registration of this Lease Deed is to be borne by the Lessees.
This Lease Deed shall always be subject to the provisions of The Transfer of property Act, 1882 and amended upto date.
SCHEDULE-1<br /> <br />
All that piece and parcel of land situate within the Registration Division and District Uttarakhand, within the jurisdiction of the Sub. Registrsr of Assurances of Kichha situated at village Lalpur,NH 74 Rudrapur – Kichha – Barielly Road , on 7th Km from Rudrapir, District Udham singh nagar State Uttarakhand.
SCHEDULE-2<br />Open land along with shade and building. Total admeasuring area 31000Sq feet. Out of Khasara no. 114, 117 ,120 kha, admeasuring total area is about 3.92 Acre=1.5878 hector situate within in the Registration Division and District Uttarakhand, within the jurisdiction of the sub. Registrar of Assurances of Kichha situated at Village Lalpur , NH 74 Rudrapur – Kichha – barilly Road , on 7th km from Rudrapur ,District Udhamsinghnagar State Uttrakhand.<br />IN WITNESS WHEREOF THE LESSORS AND THE LESSEES HAVE PUT THEIR RESPECTIVE HANDS ON THE ORIGNAL AND DUPLICATE HEREOF THE DAY AND YEAR FIRST HEREINABOVE WRITTEN.<br />WITNESSES:-<br />Sign. 1)<br />Name. <br />Add. 2) <br />2.<br />Sign. 3)<br />Name:<br />Add. Lessors<br /> Lessees<br /> <br /> <br />