FORM No. 23-A

(See Paragraph 244-H)

23-A Form of Mortgage Deed for House Building Advances in cases of joint lease

THIS INDENTURE is made on the.............day of............one thousand nine hundred and..............corresponding to Saka Samvat the...........day of.............one thousand nine hundred and..............BETWEEN Sri/Smt./Km.............son of/wife of/daughter of Sri..............resident of.................(Designation................) (hereinafter called "The Mortgagor" which term shall, where the context so admits include his/her heirs, executors, administrators and assigns) of the first part AND* [Sri/Srimati...............son of/wife of Sri.............resident of..............who is the.................(relationship with the Mortgagor) of the Mortgagor (hereinafter called "The Surety" which term shall where the context so admits include his/her heirs, executors, administrators and assigns) of the second part]

†[(1) Sri/Smt.................son of/wife of Sri................, resident of who is the...............(relationship with the Mortgagor) of the Mortgagor, (2) Sri/Srimati..................son of/wife of Sri..............who is the...................(relationship with the Mortgogor) of the Mortgagor, (3) Sri/Smt.................son of/wife of Sri................, resident of................who is the...................(relationship with the Mortgagor) of the Mortgagor, (4) etc. (hereinafter called "The Suieties" which term shall, where the context so admits, include their respective heirs, executors, administrators and assigns) of the second part.] AND the Governor of Uttar Pradesh (hereinafter called "The Mortgagee", which term shall, where the context so admits include his successors in office and assigns) of the third part.

WHEREAS the mortgagor is entitled jointly with the surety (sureties) to the piece of land, hereditaments and premises hereinafter described under a lease from.............dated............for a term of years expiring1.................subject to a rental of Rs.............per2..............

AND WHEREAS, the mortgagor has applied to the mortgagee for an advance of the sum of rupees.................for the purpose of enabling him to defray the expenses................of3................as suitable residence for his own use.

AND, WHERES, under the provisions contained in the Account Rules of the Government of Uttar Pradesh (hereinafter referred as ‘the said Rules’ which expression shall where the context so admits include any amendment there of or addition thereto for the time being in force and shall be deemed to form part of these presents) the mortgagee has agreed to advance to the mortgagor the said sum of Rs....................in a lump sum (in the instalments mentioned in the Schedule hereto) 4

NOW THIS INDENTURE WITNESSETH that in consideration of the said advance and in pursuance of the said agreement the mortgagor doth hereby covenant with the mortgagee to pay to the mortgagee the said principal sum and interest there on calculated according to the said Rules on or before the...............day of...............next and if the loan shall not be repaid on that date will pay interest in accordance with the said Rules.

AND THIS INDENTURE ALSO WITNESSETH that for the consideration aforesaid the mortgagor and the surety (sureties) hereby demise, let and transfer unto the mortgagee ALL THAT piece of land bearing Plot No.............................situated in.........the registration district of...............sub-district............thana.............containing..................more or less and bounded on the North by.............on the South by................on the East by................and on the West by..................

together with the dwelling-house and the out-offices, stables, cook-rooms and out-buildings and all kinds used or intended to be used with the said dwelling house now erected or hereafter to be erected together with all rights, easements and appurtenances to the same or any of them belonging TO HOLD the said premises including all erections and buildings hereafter erected on the said land unto the mortgagee his successors in office and assigns for all the residue now unexpired of the said term of years granted by the said lease except the last day of the said term PROVIDED ALWAYS that if and as soon as the said advance made upon the security of these presents and interest thereon calculated according to the said Rules shall have been repaid by the deduction of monthly instalments of salary of the mortgagor as in the said Rules mentioned or by any other means whatsoever the demise hereby made shall be void AND the mortgagor and the Surety (Sureties) hereby covenant with the mortgagee that the lease creating the term or estate for which the said land is held by the mortgagor and the surety (sureties) is now a good, valid and effectual lease and is in full force, unforfeited and unsurrendered and free from encumbrances and shall in nowise become void or voidable and that all the rents reserved thereby and all the covenants, conditions and agreements contained therein and on their part to be paid observed and performed have been paid, observed and performed up to the date of these presents AND also that the mortgagor and the surety (sureties) will at all times so long as any money remains due on the security of these presents pay, observe and perform or cause to be paid, observed and performed all the said rents, covenants, conditions and agreements and will keep mortgagee indemnified against all action, poceedings, cost, charges, claims and demands, if any, to be incurred or sustained by the mortgagee by reason of the non-payment of the said rents or the non-observance or non-performance of such covenants or conditions or agreements or any of them AND ALSO that the mortgagor and the surety (sureties) now have good right and full powers to demise the said premises to the mortgagee in manner aforesaid AND that it shall be lawfull of the mortgagee to enter into and up on and to hold and enjoy the said demised premises during the terms hereby granted without any interruption or disturbance by the mortgagor and the surety (suretiec) or any person claiming through or intrust for them, AND that the mortgagor and the surety (sureties) at the request at any time hereafter of the mortgagee will at their own cost execute and do all such assurances and things as may be necessary or proper for more effectually vesting the said premises in the mortgagee in manner aforesaid as may by the mortgagee be reasonably required PROVIDED ALWAYS and it is hereby agreed and declared that if there shall be any breach by the mortgagor and the surety (sureties) of the covenants on their part herein contained or if the mortgagor shall die or quit the service at any time before all sums due or payable to the mortgagee the security of these presents snall have been fully paid off then and in any of such cases it shall be lawful for the mortgagee to sell the said premises or buildings or any part there of either together or in parcels and either by public auction or by private contract or to rescind any contract for sale and to resell without being answerable for any loss which may be occasioned thereby or to let the same for any term or period and to do and execute all such acts and assurances for effectuating any sucn sales or letting as the mortgagee shall think fit AND it is hereby declared by the mortgagor and the surety (sureties) that the receipt of the mortgagee for the purchase money of the premises sold or any part thereof shall effectually discharge the purchaser or purchasers therefrom AND it is hereby declared that after any sale of the said premises or any part thereof under the aforesaid power the mortgagor and the surety (sureties) shall stand possessed of the premises sold for the last day of the term granted to them by the hereinbefor recited lease IN trust for the purchaser, his executors administrators and assigns to be assigned and disposed of as he or they may direct AND it is hereby declared that the mortgagee shall hold any rents, profits, premiums, salami, of moneys arising from the premises or from any such letting or sale as aforsaid UPON trust in the first place there on to pay all expenses attending such sale or otherwise incurred in relation to this security and in the next place to apply such moneys in or towards satisfaction of moneys for the time being owing on the security of these presents and then to pay the surplus if any to the mortgagor and the surety (sureties) AND the mortgagor and the surety (sureties) doth hereby agree and declare that without prejudice to any remedy provided by this deed, the Mortgagee may on the certificate of the Secretary to the State Government in the Administrative Department which shall be final, conclusive and binding on the Mortgagor and the surety (sureties), recover all dues here under from both (all) the of them, jointly or severally as arrears of land revenue AND it is hereby lastly agreed and declared that the Mortgagee shall be entitled to recover the balance of the said advance with interest remaining unpaid at the time of the Mortgagor’s retirement or death preceding retirement from the whole or any specified part of the gratuity that may be sanctioned to him. IN WITNESS whereof the mortgagor and the surety (sureties) have hereunto set their hand the day and year first above written.

The Schedule herein referred to—

Rs.........on or before...............

Rs.........on or before..............

Signed by

the Mortgagor

In the presence of— the Surety

First Witness Second Witness

(Address) (Address)

Occupation Occupation

(the deed should be registered)

Note—There must be two witnesses to a mortgage.

*Where only two joint owners of the property.

†Where more than two joint owners of the property.

1. Date of end of lease

2. Mensum or annum

3. Insert "the purchase of the said hereditaments" "building a house on the said hereditament" or repairing the said hereditament as the case may be.

4. Delete words in crochets if further advances are not to be made.

(C. S. No. 32, dated September 15, 1983)

[Vitta (Lekha) Anubhag-1, File No. 15-2-80]