INDENTURE OF SUB-LEASE
This INDENTURE OF SUB-LEASE is made at Karachi, on this _____ day of _________, Two Thousand eight (2008);
BETWEEN
__________________________________, Muslim, adult, holding NIC No. _________________, resident of ________________ Karachi, hereinafter referred to as the “LEASE” (which term and expression shall mean and deem to include her heirs, successors, executors, administrators and legal representatives) of the One Part;
A N D
____________________________________________________________________________________________________________________________________________________________ Karachi, hereinafter referred to as the “SUB-LESSEE (S)” (which term and expression shall mean and deem to include his/her/their heirs, successors, executors, administrators and legal representatives and assignees) of the Other Part;
WHEREAS the LESSEE is seized and possessed of and otherwise well and truly entitled to all that piece and parcel of Plot/Flat/House of land bearing. ________, ad-measuring ______ Square Yards, situated at _________________________________________________ hereinafter referred to as the Plot/Flat/House.
AND WHEREAS the LESSEE desired to get constructed Multistoried building on the Plot/Flat/House comprising of ________ on _________ and Flat at __________ Floor and other premises on the Upper Floors through contractors approved by the LESSEE but at the cost and expenses of SUB-LESSEE.
AND WHEREAS the LESSEE agreed to SUB-LEASE and demise unto the SUB-LESSEE undivided proportionate share in the Plot/Flat/House together with occupancy rights in the proposed Flat No________ on ________ Floor, ad-measuring __________ Square Feet approximately to the SUB-
LESSEE which Flat proposed to be constructed is described in the schedule hereto and shown in the plan herewith annexed and hereinafter referred to as the SAID FLAT/HOUSE/PLOT.
AND WHEREAS the LESSEE has failed to execute the Sub-Lease in favour of has paid to the LESSEE the sum of Rs. _________ (Rupees__________________________) being full occupancy value of the undivided share to the extent of the Area upon which the said particular Flat/House/Plot is to be constructed and one year’s ground rent at the rate of Rs. ________ (Rupees_______________ only) per year and/or as may be assessed/fixed/revised by the concerned authorities/departments for the undivided share in the Plot/Flat/House
NOW THIS INDENTURE
WITNESSETH AS FOLLOWS:-
1. In consideration of occupancy value of Rs._________________ (Rupees ____________only) paid in full and in addition to pay a sum of Rs. ___/- (___________only) being the Ground rent and/or at such revise rate as may be assessed by the concerned authority. The LESSEE doth hereby demised unto the SUB-LESSEE SHOP/OFFICE No. ________ on ________ Floor, ad-measuring approximately _______ Square Feet shown in the plan annexed hereto marked with red together with proportionate _____ share of ____________ Square feet in the Plot/Flat/House of land to the extent of the area on which the said particular SHOP/OFFICE is to be constructed with in the Territorial bounds of __________ Police Station for the remaining period of LEASE together with all rights, titles, easements, appurtenant thereto including right for extension of LEASE and with all rights of passages, light and area attached thereto and the Plot/Flat/House is bounded as under:-
ON THE NORTH BY
ON THE SOUTH BY
ON THE EAST BY
ON THE WEST BY
And the SHOP/OFFICE No. ________ is bounded by SHOP/OFFICE No. ________ above, SHOP/OFFICE No. ________ on one side, SHOP/OFFICE No. ________ on the other side and SHOP No. _______ below.
2- THAT SUB-LESSEE COVENANTS AS FOLLOWS:
a)
The SUB-LESSEE shall pay
his/her/their share proportionately in respect of all the rents, taxes, cesses,
charges and rates of
every description which are or may be charged or imposed or chargeable by K. D.
A., K. M. C., Excise & Taxation Department K. W. S. B. and/or any authority
including Government Body on the SAID BUILDING or the SHOP/OFFICE in
his/her/their possession.
b)
That the SAID SHOP/OFFICE
shall be used for commercial purpose only and shall not be diverted to any
other use.
c)
That the SUB-LESSEE shall not
use the SAID SHOP/OFFICE or any part thereof or suffer the same to be used, for
the purpose of General Public Advertisement, Cooking house, Restaurant,
Catering Services Hotel Place of amusement and/or any other use except a Shop or Office as the case may be. In case
of any violation the SUB-LEASE shall stand cancelled/revoked and the
LESSEE shall be entitled to enter upon the said SHOP/OFFICE without any
compensation to the SUB-LESSEE.
d)
That the SUB-LESSEE shall keep the SAID
SHOP/OFFICE in clean and sanitary condition.
e)
That the SUB-LESSEE shall
permit the LESSEE and his contractors, agents, servants or workmen at
reasonable time and with reasonable prior notice to enter upon the said
SHOP/OFFICE.
f)
That the SUB-LESSEE shall not
use or permit to be used any part of the said SHOP/OFFICE for public religious
worship.
g) That the SUB-LESSEE shall be at liberty to sell, transfer, or assign her rights in respect of the SAID SHOP/OFFICE subject to the terms and conditions of this SUB-LEASE.
h)
That the SUB-LESSEE shall
comply with the provisions of law and shall observe all rules and regulations
of the SUB-LEASE and the LEASE/SANAD.
i)
That the SUB-LESSEE shall
allow access and right of way along the common corridors to allottees of other
SHOP/OFFICES in the same building and shall not cause obstruction to the
exercise by them of their said rights or
to the sue by them of the common corridors, passages and stair cases etc.
j)
That the SUB-LESSEE shall be
responsible to carry out at his/her/their own cost all the necessary repairs in
the SAID SHOP/OFFICE.
k)
That the SAID shop/office shall be used by the SUB-LESSEE
for the lawful commercial purpose and in case of violation thereof the
SUB-LEASE shall stand determined/cancelled. THE SUB –LESSEE shall keep and
maintain the said SHOP/OFFICE in goods condition at the cost of the SUB LESSEE
and the SUB-LEASE shall not store therein any wine, narcotics and hazardous
and/or inflammable articles and things and the SUB-LESSEE shall not store,
stock or display any articles, goods, of merchandise in common
passages, open space or any other place which may cause any hindrances or annoyance to any other SUB-LESSEE of the premises, SHOPS etc or nuisance or annoyance to other occupants of the building save and except the right of entrance to the compound passage, stair, lavatory and other common amenities to be used with the CO-SUB-LESSEES and occupants thereof.
l)
That the SUB-LESSEE shall not
have or be entitled to any right of access of light and air and other easement
rights to the demised premises from the premises erected or to be erected
adjacent to or over the SAID SHOP/OFFICE.
m)
That the SUB-LESSEE shall have
no right in or over or upon the roof/terrace of the building which roof shall
exclusively being to the LESSEE.
n)
That the LESSEE shall always
have the right and be entitled to without obtaining any consent form or making
any compensation to the SUB-LESSEES to construct the building upto ground plus
six floors and so also to deal as the
LESSEE may deem fit with the roof of the _____ floor of the building
upon which the demised premises is situated on _____ floor and/or to raise any structure, premises, flats etc. which
may effect or diminish the light or air which may now or at any time
during the terms been enjoyed by the demised premises or any par thereof.
o)
That the SUB-LESSEE clearly
understand agrees to accept the rights herein demised as such that the roof of
_____ floor has been expressly reserved by the LESSEE for the vertical
construction of at least two further floors that is upto ______ floor. The roof of the _____ floor
shall remain in the sue of the LESSEE and/or her assignee, nominee, and that
the staircase, corridors, sewerage, water line electric and etc is to be used
in common with all other SUB-LESSEE/OCCUPANTS of upper floors.
p) That the SUB-LESSEE’S right of occupancy shall be confined to the demised premises only and he/she/they shall not claim any right of access or any other rights in respect of any other SHOP/OFFICE or premises either below or above the demised premises merely on the ground that such other SHOP/OFFICE and/or premises is partly situated on the demised undivided share in the SAID PLOT SUB LEASED out to him/her/them nor shall he/she/they question on that or other ground the rights of LESSEE, to allot and SUB-LEASE any such other shops/offices/Premises floors, to any one whatsoever without any objection from and/or making any compensation to the allottee/SUB-LESSEE of any such premises on upper floors on that ground.
4)
PROVIDED ALWAYS AND IT IS HEREBY AGREED AND AS FOLLOWS:-
That on expire of
the period of SUB-LEASE the SUB-LESSEE shall be entitled to a renewal of
the SUB-LEASE for such further period at his/her/their own
cost and expenses as to the grant of period of Lease to the LESSEE and upon
terms and conditions of his/her/their paying at the time of renewal such
occupancy value and revised rents and terms and conditions as may be fixed by
the Government or the concerned Authority or the LESSEE.
5)
In the event of the breach of
any of the covenants including the covenant of proportionate annual rent and
the premium if any payable to Govt. K. M. C. , K. D. A. and failure to observe
and perform the covenants and conditions therein contained the SUB-LESSEE shall
be responsible and liable for consequences arising by virtue of such breach or
failure on the part of the SUB-LESSEE.
IN WITNESS WHEREOF the parties have signed this Indenture of Sub-Lease on the date, month, and year mentioned hereinabove.
_________________
WITNESSES:
LESSEE
1._________________
_________________
SUB-LESSEE
2.__________________
