LEASE OF A BRICKIFIELD

THIS DEED of lease made at………………on this………………day of.................20………… between A, son of………………(hereinafter called"the Lessor") of the ONE PART and B, son of………………(hereinafter called "the Lessee") of the OTHER PART.
 
WHEREAS
 
(1) The Lessor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the land and premises bearing Survey No ………………Hissa No………………situate, lying and being at Village………………Taluka………………District………………more particularly described in the Schedule hereunder written, hereinafter referred to as the demised premises
 
(2) At the request of the Lessee, the Lessor has agreed to grant to the Lessee a lease in respect of the demised premises for the purpose of making bricks

NOW THIS DEED WITNESSETH AS FOLLOWS:
 
(1)In pursuance of the said agreement and in consideration of the payment of Rs……………… by the lessee to the Lessor as premium (the receipt whereof the Lessor hereby acknowledges) and in consideration of the terms and conditions mentioned herein below and of the payment of annual rent, the Lessor hereby demises to the lessee the demised premises TOGETHER WITH RIGHT to take earth, clay and other material from the demised premises for the manufacture of bricks and to erect, construct and maintain such machineries, kiln, clamps, ovens, workshops and other things necessary for the purpose of manufacturing, storing or selling bricks and to construct such roads on the demised premises as may be necessary and convenient for the aforesaid purposes
 
Excepting and reserving to the Lessor
 
(a)all mines, minerals, stones, flints and underground substances or every description with liberty to enter, search for dig, get and carry away the same and to sink necessary pits and shafts provided that in so doing the Lessor shall cause as little obstruction as possible to the lessee and will pay compensation for any damages caused to the lessee; 
 
(b)all trees, saplings and underwood with right to entry with workmen to mark, fell, cut and carry away the same;
 
(c)all rights of way hitherto used or enjoyed across any part of the demised premises by the Lessor or his Lessees in respect of other properties of the Lessor.
 
TO HOLD the same unto the Lessee for the term of years from the……………… day of……… paying therefor during the said term
 
(i) Yearly rent of Rs………………by equal half-yearly payments on the………………day of…………and the………………day of free from all deductions, the first payment to be made on the ................. day of 	next.
 
(ii) Additional rent of Rs………………for every thousand bricks in excess of ……………which shall be manufactured from the earth of the demised premises during the half year preceding such payment; provided that no additional rent shall be paid in respect of bricks used in any building, erection or construction on the demised premises.
 
(2) The Lessee hereby covenants with the Lessor:
 
(a)To pay and discharge the existing and future rates, taxes, assessments, duties, cess, impositions, outgoings whatsoever payable to the State of………………Municipal Corporation of.....………... local or any other authority in respect of the demised premises and the buildings or structures standing thereon;
 
(b)To fence off the demised premises from the adjoining lands to keep the said fence in good repair and condition.
 
(c)To remove the surface soil to a depth of at least………………cms. before digging and lay aside and preserve the same and after comple tion of the work of digging to level the same and replace the surface soil thereof so that the land may be used for agricultural purposes.
  
(d) Not to remove earth, clay or any other material from the demised premises but to manufacture bricks on the demised premises itself.
 
(e) To keep the accounts showing the number of bricks manufactured on the demised premises, date of manufacture and other information necessary for the calculation of additional rent payable hereunder and to allow the Lessor or authorised agent inspection of the accounts and to take copies or extracts therefrom
 
(f) To permit the Lessor and his authorised agents to enter into and upon the demised premises at all reasonable times for inspecting the same and the works carried on and bricks manufactured therefrom.
 
(g) To deliver up peaceful possession of the demised premises at the end or sooner determination of the said term together with all kilns, clamps and other buildings and erections without claiming any compensation for the same.
 
(h) Not to assign, transfer, sub-let or otherwise part with possession of the demised premises or any part thereof.
  
(i)To indemnify the lessor for any injury caused to any other person or persons, by use of the demised premises for the aforesaid purposes or in respect of any nuisance apprehended therefrom.
 
(j) To comply with all ru4es, regulations and bye-laws of the Central, State Government or local or other authorities in respect of the work to be undertaken by the Lessee on the demised premises and shall keep the Lessor or his heirs, successors, administrators or assigns indemnified for any breach of such rules, regulations and bye-laws.
 
(k) Not to dig any part of the demised premises to a depth exceeding………………meters from the surface
  
(3) The Lessor hereby covenants with the lessee:

(i)On the Lessee paying the rent and additional rent on the due dates thereof and in the manner herein provided and observing and performing the covenants, and stipulations herein contained and on his part to be observed and performed, shall peacefully and quietly hold, possess and enjoy the demised premises without any interruption, disturbance or claim whatsoever by the Lessor or any person or persons lawfully claiming by, from, under or in trust for him.
 
(ii) To keep the lessee indemnified against any claim, suit or demand made by other lessees in respect of injury or loss alleged to be caused by the exercise of the rights by the lessee granted under these rights granted presents
 
(4) It is hereby expressly agreed between the parties as follows:
 
(a) If the rent or additional rent or any part thereof payable in manner hereinbefore mentioned shall be in arrears for a period of one year, after the same has become due and payable or if the lessee does not observe or perform the covenants and stipulations herein contained and on the part of the Lessee to be observed and performed, unless the Lessor serves a notice in writing specifying the rent due or the covenants and stipulations which are required to be complied with or carried out and the Lessee shall have failed to pay the rent due or to comply with or carry out the covenants and stipulations within fifteen days from the date of the receipt of such notice.
 
(b) If any dispute or difference arises between the Lessor and the Lessee relating to the interpretation, meaning or effects of this deed or 	any clause thereof or their respective rights and liabilities hereunder, the same shall be referred to the arbitration of two arbitrators one to be nominated by each party and in case of difference of opinion between the two arbitrators to an umpire to be nominated by the arbitrators before the commencement of the reference; and the award of such arbitrators or umpire, as the case may be, shall be final and binding between the parties. The arbitration under this clause shall be deemed as submission within the meaning of Arbitration Act, 1940 and its statutory modification and re-enactment
 
(5) Any consent or notice required to be given hereunder shall be in writing and if given by the Lessor shall be sufficient if signed by the Lessor and shall be given personally or served by the Lessor and shall be given personally or served if addressed to the Lessee at the  address given above or any other address as may be communicated to the Lessor from time to time and any notice to be given to the Lessor shall be sufficiently served if addressed to the Lessor and sent at the address from time to time communicated by the Lessor for this purpose; provided that till any such address is communicated, the notice may be addressed and sent at the present address of the Lessor at
 
(6) It is hereby agreed that the terms "Lessor" and "Lessee" herein used shall unless excluded by or repugnant to the context be deemed to include	the heirs, executors, administrators and assigns of the respective parties.
 
(7) This Lease Deed shall be executed in duplicate. The original shall be retained by the Lessor and the duplicate by the Lessee
 
(8)The stamp duty and all other expenses in respect of this Lease Deed and duplicate thereof shall be borne and paid by the Lessee.
 
(9)The marginal notes and the catch lines hereto are meant only for convenience of references and shall not in any way be taken into account in the interpretation of these presents.
 
IN WITNESS WHEREOF, the Lessor and the Lessee have put their respective hands on the original and duplicate thereof the day and year first hereinabove written.
 
The schedule above referred to
 
WITNESSES 

1	Signed and delivered by the within named Lessor

2. 	Signed and delivered by the within named Lessee .....