APPLE ORCHARD LEASE DEED
BETWEEN
__________, __________, of __________, PAN __________ (the "Lessor");
AND
__________, of __________, PAN __________ (the "Lessee").
The Lessor and the Lessee are each a "Party" and together the "Parties".
RECITALS
B. Capacity to lease: __________.
C. __________.
D. The Lessee has requested a lease of the Land to maintain the orchard standing on it and to take the harvest, and the Lessor has agreed to grant one on the terms set out below.
E. The Parties intend this Deed to create a lease within the meaning of s.105 of the Transfer of Property Act, 1882.
NOW THIS DEED WITNESSES as follows.
- 1. GRANT AND TERM
1.3 The Lessee shall use the Land only for maintaining the orchard and taking the harvest of fruit from it, and for no other purpose without the Lessor's prior written consent. The Lessee shall not erect any permanent structure on the Land, and shall not sub-let or part with possession without the Lessor's prior written consent.
- 2. RENT
2.4 If any sum due under this Deed is not paid within thirty days of its due date, the Lessee shall pay interest at 15% per annum on the overdue amount from the due date until payment.
- 3. MAINTENANCE OF THE ORCHARD
3.3 The Lessee shall not fell, uproot or destroy any tree standing on the Land without the Lessor's prior written consent, and shall obtain any permission the felling or removal of a tree requires under Himachal Pradesh forest or tree-preservation law before doing so, whether or not the Lessor has also consented.
- 4. THE SECTION 118 QUESTION, RECORDED
4.1 Where clause C records that the Lessee is not an agriculturist, the Parties acknowledge that permission under section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 may be required for this lease, and that this Deed is not effective to grant possession for the Term until any permission required has been obtained.
- 5. LESSOR'S COVENANTS
5.1 The Lessor has good title to the Land and full power, on the basis recorded at clause B, to grant this lease, and there is no subsisting encumbrance or proceeding that prevents the Lessee's quiet enjoyment for horticultural purposes.
5.2 So long as the Lessee pays the rent and observes this Deed, the Lessee shall peacefully hold and enjoy the Land for the Term without interruption by the Lessor.
- 6. NOTICE AND TERMINATION
6.3 On a material default not remedied within thirty days of written notice, the other Party may terminate this Deed by fifteen days' further written notice.
- 7. EXPIRY AND HANDOVER
7.2 The Parties shall jointly inspect and record the condition and tree count of the Land at handover, in a memorandum signed by both, to be read together with Schedule II.
- 8. INDEMNITY
8.1 The Lessee shall indemnify the Lessor against claims, losses and reasonable legal costs arising from its use of the Land and its breach of this Deed.
8.2 The Lessor shall indemnify the Lessee against claims arising from a defect in the Lessor's title or capacity to lease, or the Lessor's breach of this Deed.
- 9. STAMP DUTY AND REGISTRATION
9.2 The Parties shall present this Deed for registration before the Tehsildar or Naib-Tehsildar exercising the powers of Sub-Registrar for the Tehsil in which the Land lies, within four months of execution, with both executants or their s.33-authenticated attorneys attending in person with photo identification and PAN.
- 10. NOTICES
10.1 Notices under this Deed shall be in writing, delivered by hand against acknowledgment or by registered post or courier, to the Lessor at __________ and to the Lessee at __________.
- 11. DISPUTE RESOLUTION AND GOVERNING LAW
11.3 This Deed is governed by the laws of India as in force in Himachal Pradesh.
- 12. GENERAL
12.1 This Deed, with its Schedules, is the entire agreement between the Parties about the Land.
12.2 No amendment is effective unless in writing and signed by both Parties.
12.3 If any provision is held invalid, the rest of this Deed continues in effect.
SCHEDULE I — THE LAND
SCHEDULE II — THE TREES
SIGNED AND DELIVERED by the LESSOR
__________
PAN: __________
Signature: ______________________________
SIGNED AND DELIVERED by the LESSEE
__________
PAN: __________
Signature: ______________________________
WITNESSES