FORM No. 30-H
(SEE ANNEXURE "A" TO CHAPTER XIII AND RULE 24 TO APPENDIX X)
[Standard lease for hiring private building for Government purposes]
THIS LEASE made on the_____day of_____19 . corresponding to Saka Samvat_____BETWEEN_____son of_____resident of_____(hereinafter called "the lessor") of the one part AND the Governor of Uttar Pradesh (hereinafter called "the lessee") of the other part.
WITNESS as follows :
1. In consideration of the rent hereinafter reserved and of the covenants on the part of the lessee hereinafter contained the lessor hereby demises to the lessee for the purpose of the residence or office or both of _____all that land with the buildings and trees thereon fully described in the Schedule hereto together with all rights of easements and appurtenances whatever belonging or in any way appurtenant thereto TO HOLD the same to the lessee for a term of _____years from the_____day of_____paying therefor during the said term to the lessor or his authorized agent the monthly rent of_____(Rs._____) on the_____day of the months succeeding that for which the rent is due, the first of such payments to be made on the_____day of_____19 .
2. The lessee hereby convenants with the lessor as follows :
(1) That he shall, during the term hereby granted, pay to the lessor the monthly rent hereby reserved on the day and in the manner hereinbefore appointed. PROVIDED that no rent shall also be payable to the lessor for the period the premises are rendered uninhabitable by reason of special or such other repairs being in progress or from any other cause.
(2) That he shall not at any time carry on or permit to be carried on the said premises any trade or business whatsoever or use the same for any other purpose than as the residence or office or both of the_____without the consent in writing of the lessor first had and obtained.
(3) That he shall at the expiration of the said term or sooner determination thereof peaceable and quietly surrender to the lessor the said premises. PROVIDED ALWAYS that if any part of the said rent shall be in arrear and unpaid for the space of three calendar months, whether the same shall have been lawfully demanded or not, or if there shall be a breach or non-observance of any of the convents by the lessee hereinbefore contained, then and in any such case the lessor may, notwithstanding the waiver of any previous cause or right of re-entry, re-enter upon the said premises and thereupon this demise shall absolutely determine.
3. The lessor hereby covenants with the lessee as follows :
(1) That the lessee paying the rent hereby reserved may hold and envoy the demised premises during the said term without any interrupt on by the lessor or any person whomsoever;
(2) That he shall during the said term pay all rates, taxes (including tax for water meter which will be provided and repaired by him), assessments and charges whatsoever, except those of a service character such as water, drainage and lighting taxes, scavenging tax and tax for the cleaning of latrines and privies, now payable or hereafter to become payable in respect of the demised premises,
(3) That he shall execute at his own expenses all structural repairs and carry out such additions, alterations and repairs as are necessary to render the building habitable for the purpose for which it is required before the demised premises are occupied and shall during the said term keep at all times the demised premises in good and substantial repairs both externally and internally and also the boundary and other walls, approach roads, water-channels, sewers, drains, rails, gates, fences and fixtures on or connected with the same and shall in particular keep the roofs of all buildings watertight and shall whitewash or colour-wash such buildings both in side and outside in_____each year and shall every_____year paint all doors, windows and other wooden structures, and renew broken glass-panes, doors, bolts, etc.
(4) That he shall maintain the electric installation, fans, water connection and such other fittings provided by him in proper working order and shall renew the electric installations wholly or in part, should the officer of the Public Works Department, Uttar Pradesh, whose opinion in the matter shall be final and binding on the parties hereto, so advise. The lessor shall also supply bulbs and shades in the first instance and subsequent renewals shall be made by the lessee.
(5) That in case any special repairs, additions and such alterations which do not substantially change the building are at any time desired by the lessee to be made to the demised premises, the lessor shall either get them done himself within the period specified by the lessee or allow the lessee to have them done at the expense of the lessor provided that the amount which the lessor would be bound to spend in such repairs shall not exceed two months’ rent for the premises during a year.
(6) That the lessor shall at the request and cost of the lessee at the end of the term of years hereby granted execute to the lessee a new lease of the demised premises by way of renewals on the terms and conditions hereinbefore contained :
PROVIDED that if any time the lessor shall fail to execute such repair and white or colour-wash or to maintain the electric and water connections as are specified in sub-clauses (3) and (4) above, the lessee after giving fourteen days, notice in writing to the lessor may execute the same and deduct the cost thereof from the rent payable by the lessee.
4. The parties hereto hereby further mutually agree as follows :
(a) That the lessee shall be entitled to enjoy and utilize for his one use or in any way he likes the fruits and produce of the trees and compound of the demised premises which will be maintained by the_____at his expense but the timber of the trees shall belong to the lessor.
(b) that the tenancy hereby created shall be determinable at the option of the lessee by giving to the lessor two calendar months notice in writing.
(c) That the expressions "the lessor" and "the lessee" hereinbefore used shall unless such an interpretation be inconsistent with the context, include in the case of the former his heirs, successors, executors, administrators, representatives and assigns and in the case of the latter, his successors and assigns.
(d) 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_____of_____and that any 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 or 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 post.
IN WITNESS WHEREOF the lessor and_____for and on behalf of lessee have signed this deed on the day and year first above written.
The Schedule herein referred to
(Full particulars of the land and building hereby demised should be given).
In the presence of
For and on behalf of the lessee.
In the presence of