Lease Of Debutter Property
Lease Of Debutter Property Deed Format
Whereas by a Deed of Trust dated ………………… the land at ………… ……………… and all funds were dedicated to the Goddess Durga with direction to construct a temple thereon and install the said Goddess Durga therein.
And whereas by the said deed five named persons were appointed as the Trustees who would constitute a Board and conduct the affairs of the said deity and the Trust Property.
And whereas the said property with the trust funds the said temple was constructed and the deity was installed and the said temple was named as “Durga Mandir”.
And whereas due to inflation the costs of maintenance of the property and daily Seva Puja of the deity and holding of the periodical festivals have gone up considerably during the last nine years the income of the Trust property has become inadequate to meet the expenses in relation to the said Durga Mandir.
And whereas the Board of Trustee had by a resolution passed unanimously at its meeting held on 16th April 1999 decided to lease out a portion of the debutter property as described in the Schedule below in the interest of the deity.
And whereas Sri Yubaraj is desirous of staying near the said Durga Mandir and devote his time in the worship of the said Goddess Durga and thereby became almost a part of the said Durga Mandir to have peace of mind and lead a life dedicated to the Goddess Durga.
And whereas the said Sri Yubaraj has sold his property with a view to take on lease a portion of the property belonging to the said deity and make constructions thereon for his residential purposes.
And whereas the Board of Trustees have considered the proposal and taking into consideration the dire need for money for the maintenance of the existing property and for meeting the expenses of Seva Puja of the deity the existing income has to be augmented agreed to the proposal.
And whereas Sri Yubaraj has made enquiries and searches and examined the Trust Deed and has satisfied himself fully about the right, title and interest of the deity and the powers of Board of Trustees to authorise granting of such lease in the facts and circumstances stated herein and has agreed to accept lease of the said land of the deity on terms and conditions mentioned hereinbefore and contained hereinafter.
Now these presents witnesseth and the parties hereby agree as follows:
2. The lessee would be at liberty to construct a two-storeyed building not taller than the temple and having a design in conformity with the said temple and should give it an appearance of a part of the temple.
3. The lessee shall pay and discharge and satisfy all taxes, rates, cesses, levies and impositions both existing and future in respect of the premises demised irrespective of the legal liability of the said deity.
5. The lessor doth hereby covenants that the land comprising in the Lease Deed is not at present affected by any notice or scheme by any municipality or other local authority and the property is free from all encumbrances, attachment, charges and other claims and demands.
7. The lessor or the Board of Trustees has not done, executed or performed anything whereby the present lease is hindered or prevented from granting or executing or transferring the property in any manner.
8. In the event through inadvertence or error or by any other cause whatsoever if it is found to be incomplete in respect of the right, title and interest or possession of the lessee, the lessor shall be bound to execute any further Deed in favour of the lessee for further perfecting, ensuring and assuring the right, title and interest and possession of the lessee.
9. The lessor shall execute or cause to be done or executed all such lawful acts, deeds and things whatsoever for further and more perfecting, conveying and assuring the said property and every part thereof in the manner aforesaid according to the true intent and meaning of the deed.
11. The parties have agreed and understood the nature of enjoyment of the demised premises herein situated and the surrounding areas and the fact is that the demised premises is attached to the said Durga Mandir and the lessee agrees it will not object to or make any grievance of any noise or disturbance by virtue of usual Seva Puja of the deity and the periodical festivals and/or religious functions that might be held in or outside the said Durga Mandir.
Schedule of the lease property
All that piece and parcel of land measuring about 4 cottahs, now lying vacant under Khatian No. …, Dag No. …, in Mouza Ganesh Bazar, J.L. No. …, and butted and bonded.
by
on the North: … …………………………………
on the South: … 10 ft. wide ……………………
on the East: … …………………………………
on the West: … a portion of the property of the said temple.
In witness whereof the parties hereunder have set out and subscribed their respective hands and seal, on the day, month and year first above-written.
Witnesses:
1.
2.
3.
Signature of lessee
Sri Yubaraj (trustee)
Witnesses:
1.
2.
3.
Memo of Consideration
Bank Draft in favour of deity drawn on ………………… Bank, ……………, No. …… dated …………………… for Rs. 10 lakhs.
Received the consideration
(Signature of the lessor)
Witnesses:
1.
2.
3.
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