DEED OF LEASE
This Deed of Lease is made at ___________________________, on this ________________ day of _________, ____________________.
BETWEEN
the Governor of Goa (hereinafter called the "Government") of the ONE PART
AND
Shri __________________, son of ________________, aged ____ years, Indian National, r/o. H. No. ____________ {hereinafter called the "Lessor" which expression shall unless repugnant to the context or meaning thereof mean and include his heirs, successors, legal representatives, administrators, executors and assignees) of the OTHER PART.
WHEREAS, the Government is in need of premises for the purpose of ________________________ (hereinafter called the "said purpose");
AND WHEREAS, the Lessor is the absolute owner of a __________________ bearing No. ______________, admeasuring built up area of _______________ sq. mts., on the ______ floor of the ____________, situated in the property surveyed under survey No. _________ and Sub-division No. ____________ of Village ________________ /Chalta No. ___________ of P.T. Sheet No. ____________ of City Survey of _______________, of City of __________, within the limits of ____________, Taluka ___________, District ____________________ Goa, the State of Goa and more particularly described in the Schedule hereinafter written {hereinafter called as the "said premises"};
AND WHEREAS, the Government vide _______________________________ No. __________________ dated _____________________ has requested the Lessor to lease to it the said premises for the said purpose and the Lessor vide __________________ dated _______________ has consented to the said request of the Government and agreed to lease the said premises to the Government subject to certain terms and conditions.
Now, therefore, this Deed of Lease witnesses and the parties hereto hereby mutually agree as under:
ln consideration of payment of a sum of Rs. ________________________ (Rupees ________________________________________________ only) per month as rent by the Government to the Lessor in the manner hereinafter mentioned, the Lessor hereby agrees to give on lease and the Government hereby agrees to take on lease the said premises.
The lease shall be for a period of ___________ years commencing from _________________ and expiring on ________________________, provided that, the Government shall have the option to renew the lease for such further period and on such terms and conditions as may be mutually agreed by the parties hereto, by giving __________________ days advance written notice to the Lessor to that effect before the expiry of the present term.
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The rent hereby agreed to be paid shall be paid by the Government to the Lessor on or before the 10th day of the month following the month to which it relates by cheque or demand draft drawn on any Nationalised Bank in Goa in favour of _______________________________________ and the Lessors shall issue a monthly rent receipt to the Government as soon as the same is received by him.
The Government shall use the said premises for the said purpose or for any other public purpose and all incidental and allied purposes thereto.
ln the event of the lease hereby created is terminated as provided by these presents, the Government shall pay only a proportionate part of the rent for the fraction of the month upto the date of such termination.
The Lessor hereby covenant that he has full right and authority to lease the said premises to the Government and the Government shall peacefully hold, enioy, use and possess the said premises hereby transferred/leased to it for its own use and benefits till the expiry of the period of lease and in the event of any defect in the Lessor's title, right and authority to lease the said premises to the Government, the Lessor hereby undertakes to indemnify the Government against any loss whatsoever that may be suffered by the Government on account of the defective title of the Lessor in respect of the said premises.
All the existing and future taxes and all other financial liabilities whatsoever in respect of the said premises shall be duly paid by the Lessor.
The Government shall pay all charges in respect of electric power, and water consumed in the said premises during the continuation of these presents. The Government shall be entitled to fix tube lights, fans and electricity meter and other electrical and electronic appliances, including computers, servers etc., in the said premises and shall be at liberty to remove the same at the expiry of the period of lease or on termination of the lease, as the case may be, and restore the said premises in its original condition, as received, subject to the normal wear and tear and the Lessor shall not have any right to the fixtures or fittings affixed by the Government.
The Lessor shall execute necessary repairs which are usually required to be made to the said premises or as may be specified by the Government by a notice in writing, within such time, as may be mentioned therein and in case the Lessor fail to execute any repairs in pursuance of such notice, the Government may get such repairs as specified in the notice, executed at the expense of the Lessor and the cost thereof may, without prejudice to any other mode of recovery, be deducted from the monthly rent.
The Government shall not carry out any structural alteration to the said premises without the previous written permission of the Lessor. The Government shall keep W. C., bathroom, wash basin etc. existing in the said premises in as good condition as received, subject to the normal wear and tear and other causes beyond the control of the Government.
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ln case the said premises or any part thereof is rendered not habitable by fire, acts of God, riots or other civil commotion, enemy action and or other causes, not within the control of the Government, the monthly rent hereby reserved shall not become payable for such period unless the said premises is restored to its original condition and is made fully and properly habitable.
The Government shall not be liable for loss of profit or loss of goodwill of the Lessor arising from its occupation of the said premises or for any amount of compensation in respect of the said premises other than the rent payable as aforesaid and the Lessor shall make no claim in respect thereof.
The Lessor hereby agrees with the Government that the latter’s paying the monthly rent hereby reserved and observing and performing the conditions and stipulations herein contained and/ or on the Government's part to be observed and performed, the Government shall peacefully hold, possess and enjoy the said remises during the period of lease, without any interruption or disturbance from or by the Lessor or any person claiming by or through or under him.
The Government shall be entitled to terminate this Deed of Lease at any time by giving to the Lessor three months previous notice in writing of its intention to do so.
Any notice to be given to the Government under these presents, in connection with the said premises shall be considered as duly given if sent by the Lessor through the post by a registered letter addressed to the ___________________________________________ and any notice to be given to the Lessor shall be considered as duly given if sent by the Government through the post by a registered A.D. letter addressed to the Lessor at his last known place of residence. Any demand or notice sent by post in other cases shall be assumed to have been delivered in the usual course of post.
ln the event of any dispute or difference of opinion arising out of or in any way relating to or concerning these presents or the construction or effect of these presents, the same shall be referred to the sole arbitration of a person appointed by the Secretary __________________________ to the Government of Goa. The Lessor shall not be entitled to raise objection to any such appointment on the ground that the sole arbitrator is a Government servant or that he had dealt with the matters to which these presents relates or that in the course of his duties as such Government servant, he had expressed views on all or any of the matters in dispute or difference. ln the event of such Arbitrator being transferred or vacating his office or refusing or being unable to act for any reason whatsoever, it shall be open to the Secretary ________________________ to the Government of Goa, to appoint another person in his place. The arbitrator so appointed shall be entitled to proceed with the reference from the stage at which it was pending. From time to time, the Arbitrator may, with the consent of both the parties to these presents, extend the time for making the award. The award of the Arbitrator shall be final and binding on both the parties hereto. Subject as aforesaid, the Arbitration and Conciliation Act, 1996 (Central Act 26 of 1996) and the rules made thereunder shall apply to the arbitration proceeding under this clause.
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The Government hereby agrees to bear the costs, charges and expenses on account of the stamp duty and registration fees, if any, payable on this Deed of Lease.
Only the Courts in the State of Goa shall have jurisdiction to adjudicate on the matters covered under this Deed of Lease.
The Government reserves the right to add/ amend/ substitute/ delete any of the terms and conditions laid down in this Deed of Lease either after hearing the Lessor or suo motto.
This Deed of Lease shall be executed in two counterparts i.e. one original and the other duplicate. The original copy of this Deed of Lease shall remain with the Government and duplicate thereof with the Lessor.
S C H E D U L E
All that admeasuring ______________________ built up area of _______________ sq. mts., on the ___________ floor of the _________________________, situated in the property surveyed under Survey No. ____________ and Sub-division No. _____________ of Village ______________________________/ Chalta No. ______________ of P.T. Sheet No. __________ of City Survey of _________________, of city of ____________, within the limits of the Village Panchayat of _________________/ ___________________ Municipal Council, Taluka _________________________, District _______________________________ Goa, State of Goa.
IN WITNESS WHEREOF the parties hereto have signed this Deed of Lease on the day, month and year first hereinabove mentioned.
SIGNED, SEALED AND DELIVERED
BY Shri ___________________________________________,
Secretary ( ) to the Government of Goa,
For and on behalf of the GOVERNOR OF GOA ______________________
SIGNED AND DELIVERED
BY THE WITHINNAMED “LESSOR”,
Shri ___________________________________________ _______________________
WITNESSES:
1. ____________________________________________________
2. ____________________________________________________
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