BANQUET HALL OR MARRIAGE PALACE LEASE DEED
BETWEEN
__________, __________, of __________, PAN __________ (the "Lessor", which expression includes its successors in interest and permitted assigns);
AND
__________, __________, of __________, PAN __________ (the "Lessee", which expression includes its successors in interest and permitted assigns).
The Lessor and the Lessee are each a "Party" and together the "Parties".
RECITALS
B. The Lessee wishes to take the whole of the Premises on lease to run a banquet hall or marriage palace, and the Lessor has agreed to grant a lease on the terms set out below.
C. The Parties intend this Deed to create a lease within the meaning of s.105 of the Transfer of Property Act, 1882, transferring to the Lessee the right to exclusive possession of the Premises for the Term, and not a licence.
D. The Term of this lease exceeds one year and reserves a yearly rent. The Parties accordingly execute this Deed as a registered instrument, as s.107 of the Transfer of Property Act, 1882 requires, and shall have it registered under s.17(1)(d) of the Registration Act, 1908.
NOW THIS DEED WITNESSES as follows.
- 1. DEFINITIONS
1.2 References to a statute are to that statute as amended or re-enacted, and include a statute as extended to the place where the Premises are situated. Headings do not affect interpretation. The singular includes the plural.
- 2. GRANT AND TERM
2.3 The Lessor shall deliver possession of the Premises to the Lessee on the Commencement Date in the condition described in Schedule II, with the sanctioned electricity and water connections available. The Parties shall sign a joint inspection record on the Commencement Date, which forms part of Schedule II.
2.4 Where the Lessor holds the Premises under a lease or sub-lease of its own, the Lessor warrants that the unexpired residue of that lease or sub-lease on the Commencement Date exceeds the Term, that nothing in it prevents this lease, and that it will not do anything to bring that head lease to an end during the Term. The Lessor shall give the Lessee a copy of it before this Deed is signed.
- 3. RENT
3.3 Rent shall be paid by electronic transfer to the Lessor's bank account, or to such other account in the Lessor's name as the Lessor notifies in writing at least fifteen days in advance.
- 4. SECURITY DEPOSIT
4.2 The Lessor may deduct from the Security Deposit only unpaid Rent, unpaid maintenance, utility or other charges the Lessee owes under this Deed, and the reasonable documented cost of making good damage to the Premises caused by the Lessee, fair wear and tear excepted.
4.4 The Lessee shall not adjust the Security Deposit against Rent without the Lessor's written consent.
- 5. TAXES
5.2 Where the Lessor is registered under GST, the Lessor shall raise a proper tax invoice for each month and report it correctly in its returns so that the Lessee may take input tax credit where available.
5.3 TDS: The Lessee shall deduct tax at source on the Rent where the Income-tax Act, 1961 requires, deposit it in time, file the return and give the Lessor the certificate. Tax so deducted and deposited counts as payment of Rent to that extent.
- 6. MAINTENANCE CHARGES AND UTILITIES
6.1 The Lessee shall pay for electricity, water, telecommunications, internet, generator fuel and other utilities consumed at the Premises, as metered or fairly apportioned, and shall produce receipts on request. Dues for the period before the Commencement Date are the Lessor's liability.
6.3 The Lessee may apply for a separate meter or an enhanced sanctioned load for the Premises. The Lessor shall sign the owner's consents required, at the Lessee's cost, and shall not unreasonably delay doing so. Utility deposits paid by the Lessee remain refundable to the Lessee.
- 7. PERMITTED USE, THE ALLOTTING AUTHORITY AND COMPLIANCE
7.2 Where the Premises stand on land allotted or leased by GMADA, GLADA, PUDA, another development authority, the Estate Officer, U.T. Chandigarh or the Chandigarh Housing Board, the allotment or lease conditions may restrict letting, change of use and parting with possession. The Lessor confirms that it has complied with them and has obtained any permission to let that they require.
7.3 The Lessor shall make available to the Lessee copies of the completion or occupation certificate, the sanctioned building plan, the allotment letter, lease deed or conveyance deed for the Premises, and the current property tax receipts.
7.4 The Lessee shall obtain and maintain at its own cost every registration, licence, fire safety approval, pollution control consent and other permission its business at the Premises requires. The Lessor shall sign any consent or application required from the owner for those approvals, at the Lessee's cost, and shall not unreasonably delay or refuse.
7.5 The Lessee shall not use the Premises for any unlawful, hazardous or nuisance-causing activity, and shall indemnify the Lessor against any misuse charge, change-of-use charge, penalty or resumption proceeding lawfully brought about by the Lessee's own use of the Premises contrary to this Deed.
- 8. SPECIAL TERMS FOR THIS USE
8.5 The Lessee shall manage parking and traffic for its functions inside the Premises or in areas it is lawfully entitled to use, shall station staff to keep the road and neighbours' access clear, and shall not allow vehicles to be parked on the road in a manner that obstructs traffic.
8.6 The Lessee shall keep the kitchen, gas supply, wiring and generator safe, shall use only fire-retardant decoration and tents, shall keep exits clear during every function, and shall not overload the electrical supply with temporary lighting or equipment.
8.8 The Lessor's furniture, fittings and kitchen equipment let with the Premises are listed in Schedule II. The Lessee shall keep them in working order and shall return them at the end, fair wear and tear excepted. The Lessee's own movable property remains its own.
- 9. FIT-OUT, ALTERATIONS AND SIGNAGE
9.1 The Lessee may carry out internal, non-structural fit-out and alterations at its own cost with the Lessor's prior written consent, which shall not be unreasonably withheld or delayed. The Lessee shall not alter the structure, external facade, columns or load-bearing elements, and shall obtain every approval the work requires.
9.2 The Lessee may display its name and signage on the Premises as the law and the allotment conditions allow, and shall remove it and make good the surface on leaving.
- 10. REPAIRS AND INSURANCE
10.1 The Lessee shall keep the interior of the Premises in good and clean condition and make routine repairs, fair wear and tear excepted. The Lessor shall keep the roof, structure, external walls and common services in sound repair at its own cost, and shall carry out structural repairs within a reasonable time of written notice.
10.2 If the Lessor fails to make a repair it is bound to make within thirty days of written notice, the Lessee may make it and deduct the reasonable documented cost from the next Rent, up to one month's Rent in any year.
10.3 The Lessor shall insure the building against fire and allied perils. The Lessee shall insure its own contents, equipment and stock, and carry public liability insurance suited to its use.
10.4 If the Premises are destroyed or made unfit for use by fire, flood, earthquake or other cause beyond the Lessee's control, Rent abates in proportion for the period of unfitness. If the Premises remain unfit for ninety days, either Party may end this lease by written notice, and the Lessor shall refund the Security Deposit under clause 4.3.
- 11. LOCK-IN, NOTICE AND TERMINATION
11.3 The Lessor may end this lease by thirty days' written notice if the Lessee has not paid Rent for two consecutive months, or has misused the Premises or sublet them in breach of this Deed, and has not cured the default within that notice. Eviction remains subject to clause 19 and to the process the law requires.
- 12. RENEWAL
- 13. HANDOVER, REINSTATEMENT AND HOLDING OVER
13.1 On expiry or earlier termination the Lessee shall hand over vacant possession of the Premises, remove its equipment, fixtures and signage, and make good any damage caused by their removal, leaving the Premises in the condition recorded in Schedule II, fair wear and tear excepted. The Parties shall sign a joint handover record.
13.2 If the Lessee stays on after the Term without a written extension, it shall pay Rent for the holding-over period at twice the last Rent payable, pro rata, without acquiring any right to remain, and this does not renew the lease.
- 14. ASSIGNMENT AND SUB-LETTING
14.1 The Lessee shall not assign this lease, sub-let the Premises or any part of them, or part with possession, without the Lessor's prior written consent, except to a group company on notice, the Lessee remaining liable.
14.2 The Lessor may sell or transfer the Premises only subject to this lease, and shall make the transferee sign an undertaking to honour it. A sale does not end the lease, change the Rent or entitle the Lessor to refuse the Lessee's rights.
- 15. LESSOR'S WARRANTIES AND QUIET ENJOYMENT
15.1 The Lessor warrants that it has good title and full power to grant this lease, that the Premises are free from any mortgage, charge, litigation or attachment except as disclosed in Schedule II, and that the Lessee shall hold and enjoy the Premises for the Term without interruption by the Lessor or anyone claiming through it. The Lessor shall obtain any lender's consent that is required.
15.2 The Lessor may enter the Premises at reasonable times on forty-eight hours' notice to inspect or repair, without disturbing the Lessee's business more than necessary, and at any time in an emergency.
- 16. INDEMNITY
16.1 Each Party shall indemnify the other against loss, claims and costs arising from its breach of this Deed or its negligence. The Lessee is responsible for the acts of its staff, contractors and visitors at the Premises.
- 17. FORCE MAJEURE
17.1 Neither Party is liable for delay or failure to perform caused by events beyond its reasonable control, such as flood, fire, epidemic or an order of government. This does not excuse payment of money already due, and Rent abates only as clause 10.4 provides or as a statute requires.
- 18. STAMP DUTY AND REGISTRATION
18.2 The Parties shall attend the Sub-Registrar's office in person, with photo identity, PAN and photographs, within four months of execution, and neither shall delay registration. A co-owner or party who cannot attend shall be represented by an attorney whose power of attorney is authenticated under s.33 of the Registration Act, 1908.
- 19. APPLICABLE RENT LAW
- 20. NOTICES
20.1 A notice under this Deed shall be in writing and delivered by hand against receipt, by registered post or speed post, or by courier, to the address of the other Party stated at the head of this Deed (or a changed address notified in writing), and is treated as received on delivery or, if refused, on the day of refusal.
- 21. DISPUTES
21.1 The Parties shall first try to settle any dispute by discussion between principals within thirty days of written notice of it.
- 22. GENERAL
22.1 This Deed, with its Schedules, is the entire agreement between the Parties about the Premises and supersedes all earlier discussions and letters of intent.
22.2 No amendment is effective unless in writing and signed by both Parties; an amendment to the Rent, the Term or the extent of the Premises shall be made by a supplementary deed, duly stamped and registered.
22.3 A failure or delay in enforcing a right is not a waiver of it. If any provision is held invalid, the rest of this Deed continues, and the Parties shall replace it with a valid one of nearest effect. Nothing here creates a partnership or agency between the Parties.
SCHEDULE I — THE PREMISES
Boundaries and the floor plan of the Premises are as shown in the plan annexed to this Deed and initialled by both Parties.
SCHEDULE II — HANDOVER CONDITION
The joint inspection record signed by the Parties on the Commencement Date under clause 2.3 forms part of this Schedule.
SIGNED AND DELIVERED by the LESSOR
__________
PAN: __________
Signature: ______________________________
SIGNED AND DELIVERED by the LESSEE
__________
PAN: __________
Signature: ______________________________
WITNESSES