Deed of Lease of Deity Property
This Deed of Lease of Deity Property is made and entered into at_______, this____ day of______, 20__, between____________________________, a Hindu Deity, established and consecrated in the sanctum-sanctorum of the temple situate at______________ (hereinafter the for the sake of brevity, referred to as the ‘Said Deity’), through ABC, an adult Hindu, occ:-Shebait, Indian inhabitant of___________________ (hereinafter for the sake of brevity, referred to as the ‘Lessor Shebait’) and DEF, an adult Indian, aged about______ years, occ:-_______, resident of______________________ (hereinafter for the sake of brevity referred to as the ‘Said Lessee’ which expression shall, unless it be repugnant to the context and meaning thereof, include his legal heirs, executors and administrators).
WHEREAS,________________ is a Hindu Deity worshipped and revered by the Hindu community, especially the followers of Vaishnava sect and it was consecrated and established in the temple situate at___________________ in the year_______. The ‘Said Deity’ being a juristic person is capable of and does own immovable properties comprising several tracts of agricultural and non-agricultural land situate in the temple complex as well as elsewhere, which are described in Schedule I appended hereto.
AND WHEREAS, the ‘Said Deity’ being a juristic person cannot look after the business and day-to-day affairs of the temple and other properties and the same are looked after by ABC, who holds the office of Shebait or Manager, by virtue of lineal succession and in that capacity the latter (Lessor Shebait) is in charge and possession of all the properties and estates of the ‘Said Deity’.
AND WHEREAS, the income of the ‘Said Deity’ which comprises the offerings and donations made by the devotees as well as the rent from certain lands, is miserably insufficient to meet the day-to-day expenses of the Deity and its temple, it was found necessary to lease out a portion of its lands assessed to non-agricultural use (hereinafter for the sake of brevity, referred to as the ‘Leasehold lands’ as described in Schedule II appended hereto) for creating a steady corpus fund for meeting the increasing expenses of the ‘Said Deity’ and its temple.
AND WHEREAS, the aforesaid legal necessity left the ‘Lessor Shebait’ with no other option, but to lease out the ‘Leasehold Lands’ described in Schedule II for commercial exploitation in the form of pilgrims’ Holiday Home, he applied to the Hon’ble Court at_______ for its permission to effect the said Lease and pursuant thereto the Hon’ble Court vide its order dated________, passed in Civil suit/Application No_________, permitted the ‘Lessor Shebait’ to give effect to the Said Lease, subject to certain terms and conditions as laid down in the said order.
AND WHEREAS, the Hon’ble Court’s order envisaged lease to the highest bidder through newspaper publication, the ‘Lessor Shebait’ invited bids from the prospective lessees through Tender Notice Published in the English Daily_______ and Marathi Daily______, on_______.
AND WHEREAS, the Annual Rent, Security Deposit and other related terms offered by DEF were more lucrative than the other bidders, the ‘Lessor Shebait’, with the prior approval of the Hon’ble_________ Court, accepted the same and proceeded to complete the lease transaction, the terms and conditions whereof are reduced to writing as hereunder.
NOW THIS DEED OF LEASE OF DEITY PROPERTY WITNESSETH AS UNDER:-
1] The ‘Lessor Shebait’ in his capacity as the Shebait of the ‘Said Deity’, hereby grants demise unto the ‘Said Lessee’ of the ‘Leasehold Lands’ as described in Schedule II appended hereto, for a term of 50 years for the purpose of constructing a Holiday Home-cum-Hotel for the accommodation of the devotees and other persons visiting the shrine of the ‘Said Deity’.
2] The ‘Said Lessee’ in consideration of the aforesaid demise, has agreed to pay unto the ‘Lessor Shebait’, an annual rent of Rs__________/ (Rs_____________/-only) for the initial period of 10 years, which sums shall be periodically enhanced by 150% at the end of each 10 years’ period. The ‘Said Lessee’ shall scrupulously pay the annual rent due by the 31st day of March each year and failure to pay the said rent shall be a valid ground for the termination of the lease and for the eviction of the ‘Said Lessee’ from the ‘Leasehold Lands’ and the structures erected thereupon. The amount of annual lease rent payable by the ‘Said Lessee’ is tabulated as follows:-
|Sr.No.||Decade Period||Annual Rent
3] The ‘Lessor Shebait’, in furtherance of the said lease, has handed over vacant and peaceful possession of the ‘Leasehold Lands’ to the ‘Said Lessee’ and the latter has already entered upon the same. The ‘Lessor Shebait’ hereby covenants with the ‘Said Lessee’ that the ‘Leasehold Lands’ are free from encumbrances or charge of any kind and that he is not precluded from effecting the lease in favour of the ‘Said Lessee’ by any reason whatsoever.
4] The tenure of the lease shall commence immediately on the execution of these presents and the ‘Said Lessee’, in furtherance thereof has already paid the annual rent for the current calendar year__________, and the ‘Lessor Shebait’ on his part acknowledges the same and gives ‘Said Lessee’ a valid discharge therefor.
5] The ‘Said Lessee’, in furtherance of the instant lease and as a guarantee for the performance of the terms and conditions thereof, has deposited a sum of Rs._______/- (Rs________________/-only) with the ‘Lessor Shebait’ towards refundable Security Deposit and he hereby expressly authorises the ‘Lessor Shebait’ to appropriate the said deposit on account of arrears of rent, interest, damages, cost and other expenses suffered on account of the lapse committed by the ‘Said Lessee’. On the expiry of the lease term, the said security deposit or whatever is left thereof, shall be refunded to the ‘Said Lessee’ without interest.
6] The ‘Said Lessee’ shall construct a Holiday Home-cum-Hotel on the ‘Leasehold Lands’ as per the Layout and Building Plan shown to the ‘Lessor Shebait’, a copy whereof is annexed hereto and shall strive to get the same sanctioned by the________________ Municipal Corporation/Council/Nagar Parishad/Village Panchayat etc. as early as possible and shall complete the construction and building works within a period of eighteen months from the date of execution of these presents. In case the construction work cannot be completed within the stipulated period, or where the statutory modifications or requisition of the Local Authority necessitate alteration in the Building Plan and Layout Plan, the ‘Said Lessee’ shall accordingly inform the ‘Lessor Shebait’.
7] The ‘Said Lessee’ shall construct on the ‘Leasehold Lands’ a Holiday Home-cum- Hotel comprising in all 100 suites (10 VIP+25 Super Deluxe+ 65 Deluxe Suites) and he shall strive to maintain the rents thereof within the limits of reasonableness. The ‘Said Lessee’ shall give priority/preference to the guests recommended by the ‘Lessor Shebait’ or his authorised representative as far as possible. Moreover, the ‘Said Lessee’ shall during the currency of the lease term and/or the renewal thereof, always keep suite No.______ on_____ floor at the disposal of the ‘Lessor Shebait’ or his authorised representative who shall be at liberty to rent out the said suite to the guests of their choice for a daily rent, which shall in no event exceed the rent ordinarily be charged by the ‘Said Lessee’.
8] On the expiry of the lease term stipulated above both the parties hereto may opt for the renewal thereof, for such a period not exceeding 20 years at a time by executing a separate writing to that effect. However, save and except the terms and conditions pertaining to the annual rent and Security Deposit, the renewed/extended lease shall continue to be governed by the terms and conditions set out herein.
9] On the violation of any of the terms and conditions set out herein, the ‘Lessor Shebait’ shall be entitled to give a notice in writing to the ‘Said Lessee’, calling upon him to secure compliance of the lease term as per his requisition within a period of 15 days from the date of receipt thereof and on the persistent default by the ‘Said Lessee’ in taking corrective measures, the ‘Lessor Shebait’ or his duly appointed representative shall be entitled to take back possession of the ‘Leasehold Lands’ along with all the structures and amenities standing thereon. In such event as well as on the expiry of the lease term by the efflux of time, the ‘Said Lessee’ shall hand over vacant and peaceful possession of the ‘Leasehold Lands’ and all the structures/amenities standing thereon to the ‘Lessor Shebait’ or his duly appointed representative without any demur.
IN WITNESS WHEREOF, both the parties hereto have set and subscribed their respective hands to this writing the day, month and year first hereinbefore written.
Signed, sealed and delivered by
ABC, the withinnamed ‘Lessor Shebait’
on behalf of the ‘Said Deity’ in the presence of
Representing the ‘Said Deity’
Signed, sealed and delivered by
DEF, the withinnamed ‘Said Lessee’
in the presence of