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Executed this_________ day of ___________ at ___________by___________Managing Officer/Managing Corporation for and on behalf of the President of India."Appendix-XB"[Rule 34 (G)]Whereas the property described in schedule I hereunder written herein after referred to the said property has been acquired by the Central Government by the notification of Government of India in the Ministry of Rehabilitation No. ...... dated ..... issued under section 12 of the Displaced Persons Compensation and Rehabilitation Act, 1954 Act No. 44 of 1954;And whereas under the provisions contained in section 20 of the Displaced Persons Compensation and Rehabilitation Act, 1954 Act No. 44 of 1954, the Central Government has decided to transfer the said property to Shri ......... S/o .......... at or for the price of Rs. ............... (Rupees............ ) paid by Shri ......... S/o....... (Rs. ..... in cash and Rs. .......... by adjustment against the compensation) payable under the Displaced Persons Compensation and Rehabilitation Act, 1954 Act No. 44 of 1954 to him and his associates whose names are given in Schedule II hereunder written and whereas said associates have agreed to the property being granted, released, conveyed and assured unto Shri............And whereas the said Shri ........ S/o ........ died on ............ at ................. leaving behind him ......... as his successor-in- interest hereinafter referred to as the transferee.The President is hereby pleased to transfer the right, till and interest acquired by the Central Government in the said property to the transferee.And for the removal of doubts, the President of India hereby certifies and declares that he grants and transfers to the aforesaid transferee the property described in Schedule I hereunder written, TO HOLD the same to the transferee absolutely for ever free from encumbrances and excepting and reserving to the Government of India all mines and minerals of whatever nature lying in or under the said property together with full liberty at all times for the Government of India, its agents and workmen, to enter upon all or part of the said property to search for, win, make, merchantable, and carry away the said mines and minerals under or upon the said property or any adjoining land of the Government of India and to let down the surface of all or any part of said property and any buildings now or hereafter to be erected thereon making fair compensation to the transferee for damage done upto him thereby, subject to the payment of land revenue or their impositions payable or which may become lawfully payable in respect of the said property and to all public rights or easements affecting the same.The stamp duty, if any , upon this instrument shall be borne by the Government of India.This transfer shall be deemed to have come into force from....
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Executed this ___________ day of ___________at __________ by _____________(Signature)(Managing Officer/Managing Corporation for and on behalf of the President of India.)Appendix XI[Rule 40(3)]Lease Deed(Applicable to Government owned Sites in the Delhi State - revised terms)This Lease made this ............ day of ............. of the year One thousand nine hundred and fifty .... between the President of India (hereinafter called the Lessor which expression shall unless the context requires another and different meaning include his successors and assigns) of the one part and ................ s/o ..................("hereinafter called the lessee" which expression shall unless the context requires another and different meaning to mean and include the said ............. his heirs, executors, administrator, representative and permitted assigns) of the other part:Whereas the Lessor has agreed to demise to the lessee the land described in the Schedule hereunder written upon the terms and conditions hereinafter appearing and contained.Now, this indenture Witnessth that in consideration of the premium of Rs............... paid before the execution of these presents the receipt where of the Lessor hereby acknowledges and the rent hereinafter reserved and of the covenants by the Lessee hereinafter called the Lessor doth demise unto the lessee all that piece of land containing by admeasurment ..... or thereabouts situated in Plot No. .... in which said plot of land is more particularly described in the Schedule hereunder written and with the boundaries thereof has for greater clearness been delineated on the plan annexed to these presents and thereon coloured red, together with all right, easements and appurtenances to the same belonging save and except all mines and mineral products, buried treasure, coal, petroleum, oil and quarries whatsoever in/under or within the said land in with liberty for the Lessor and his lessee, licensees agents and workmen and all other persons acting on his behalf to dig, search for, obtain and carry away the same on making reasonable compensation to the Lessee on account of any disturbance or damage that may be caused thereby to the surface of the said land or any building standing thereon and that such compensation shall in case of dispute be determined by an officer appointed by the Lessor for this purpose, as nearly as may be, in accordance with the provisions of the Land Act or Regulations for the time being in force, whose decision thereon shall be final.To hold the said land upto the Lessee for the term of 99 (Ninety-nine) years commencing from ...... yielding and paying therefor the yearly ground rent of ............... at the rate of Rs. 1 per annum per hundred square yards or fraction thereof at the Imperial Bank of India, New Delhi or at such other place as maybe notified by the Lessor for this purpose from time to time.(a)Rent will not be subject to revision except as provided for in (d) thereof.(b)The Lessee shall be for any assignment or transfer of the said premises hereby demised or any part thereof obtain from the Lessor approval in writing of the said assignment of transfer and any such assignees and transferees the heirs of the lessee shall be bound by all the covenants and conditions herein contained and be answerable in all respects therefor.(c)The Lessee can transfer the land after obtaining the permission of the Lessor aforesaid and the Lessor will not share any unearned increment on the value of the land (being the difference in the premium paid by him to the Lessor and the market value of the land then prevailing) for permitting such transfer. The Lessor will, however, be entitled to claim and recover the unearned increment in the value of the land in the event of any subsequent transfer of the land by a transferee the amount so to be recovered being 50 per cent of the unearned increment in the value of the land.In the case of any subsequent transfers the Lessor shall have the pre-emptive right to purchase the premises as hereby demised and all the building and structures standing thereon, after deducting 50% of the unearned increment as aforesaid.(d)The Lessor shall also have the right to revise the annual ground rent at the time any assignment to transfer of the premises hereby demised subsequent to the first transfer or assignment as aforesaid. The revised ground rent payable in such case shall be at the rate of 2½% of the value of the land at the time of such transfer.Provided further that in the case of any transfer or assignment subsequent to the first transfer or assignment the Lessor shall also have the right to revise the ground rent hereby reserved on the first day of January of the year following of the year in which thirty years; from the date of such subsequent transfer or assignment shall be completed and thereafter at the end of each successive period of not less than thirty years; provided that the increase in the rent fixed at each enhancement shall not at such time exceed one half of the increase in the letting value of the site without building at the date on which the enhancement is made and such letting value shall be assessed by the Collector or Deputy Commissioner of Delhi provided, always that any such assessment of letting value for the purposes of this provision shall be subjected to the same right on the part of the Lessee of appeal from the orders of the said Collector or Deputy Commissioner and within such time as if the same were assessment by a Revenue Officer within the meaning of section 50 the Punjab Land Revenue Act, 1887 (Act XVII of 1887) and the proceedings for or in relation to any such appeal shall be in all respects governed by the provisions of the said Act in the same manner as if the same had been taken thereunder.(e)The ground rent will be payable in advance in half yearly instalments on the 15th January and 15th July each year. The ground rent shall be payable for the full half year for the period from the date of purchase of the grant of a lease of the site on the 15th January or 15th July next following, as the case may be, and shall be paid by the purchaser at once at the time of such purchase;I. The Lessor doth to the extent that the burden of the covenants may run with the said land and may bind any permitted assignee thereof hereby covenant with the Lessor as follows:-(i)to pay the rent on the days and in the manner hereinbefore appointed for payment thereof and also to pay all taxes, rates and assessments that now are or may hereafter during the said term be imposed upon the said land or building erected thereon or upon the lessor or the lessee his permitted sub-lessee or assignee in respect thereof, under any enactment for the time being in force;(ii)within the period of 24 calendar months next after the date of these present ......... from the ............ day of .................. 19 .............. Lessee shall be and will at his own expense erect and finish fit for habitation on the site hereby demised one building single storeyed containing one residential flat or double storeyed consisting of one or two residential flats in all with a barsati on top, as may be approved by the Chief Commissioner, Delhi or such officer or body as the Lessor or the Chief Commissioner, Delhi may authorise, in this behalf together with all necessary out-houses sewers, drains and other appurtenances in accordance with a plan or plans to be approved of in writing by the Chief Commissioner, Delhi, or such officer or body as the Lessor of the Chief Commissioner, Delhi, may authorise in this behalf. And all the drains ad sewers for the said premises shall be constructed, laid and connected to the satisfaction of the Chief Commissioner and the appropriate Municipal authority and in such position as shall be directed by the said Chief Commissioner or as may be required by the said Municipal authority.(iii)before the buildings on the said site are occupied connect the same with the gravitating sewers to lay on water to the said building in the manner directed by an officer appointed, by the Lessor in this behalf and to employ a plumber duly approved by the said officer to make and do all such connections and works: provided that when the sewage or water systems are not extended to the sand house/quarter at the time the said buildings are occupied, the Lessee shall within 30 days from the extension of the sewage and water systems to the said house/quarter, connect gravitating sewers and lay on water in the manner and according to the instructions and through the agency above mentioned.(iv)to maintain the premises and all buildings thereon in a sanitary condition according to the directions of the officer appointed by the Lessor;(v)not to erect more than more one building single-storeyed containing one residential flat or double-storyed consisting of one or two residential flats in all with a barsati on top, as may be approved by the Chief Commissioner, Delhi, or such officer or body as the Lessor or the Chief Commissioner, Delhi may authorise in this behalf, except such out-houses and servant quarters as may be approved by the Lessor. Any servant quarters constructed by the Lessee shall not, without any written permission of the Chief Commissioner, Delhi, be occupied or permitted to be occupied otherwise than by the bona fide servants of the person occupying the main building.(iv)not without the written consent of the Chief Commissioner, Delhi, to carry or permit to be carried on, the said land and buildings erected thereon during the said lease and trade or business whatsoever or use the same or permit the same to the used for any purpose other than of a single-storyed building consisting of one residential flat or a double-storyed building consisting of one or two residential flats in all, with a barsati on top, as may be approved for the locality or as provided in the building already erected on the said land.(vii)not to sub-divide the said land or building erected thereon or any part thereof without the prior permission of the Lessor in writing;(viii)not to do or permit anything in or upon the demised premises or any part thereof which may be or become a nuisance, annoyance or cause damage to occupier or other property in the neighbourhood;(ix)to register all changes in the possession of the whole of the said land or of the building erected thereon, whether by transfer, succession or otherwise in the office of the Land and Development Officer, Ministry of Works, Housing and Urban Development or such officer as may be appointed by the Lessor in this behalf for this purpose, within one calendar month from the respective dates of such changes (and if the changed are registered in the local sub-registry under the Indian Registration Act, 1908 within one calendar month the date of registration in such sub-registry) and if the Lesses shall without sufficient cause neglect to register such changes in the manner aforesaid, the Lessor may impose on him for each such case of neglect a penalty not exceeding Rs. **00 and the Lessor may, in addition to the other remedies available to him under these presents, enforce the payment of such penalties in the same manner as in the case of arrears of land revenue).(x)that all persons acting under the order of Lessor shall be at liberty at all reasonable time in the day time during the said term to enter upon the said land or any building that may be erected thereon for any purpose connected with the lease;(xi)the lessee and his successors and assigns shall on the determination of the lease on the expiry of the period of 99 years yield up the demised premises with all buildings erected thereon and landlords fixtures thereto, provided that the Lessor shall pay to the Lessee the value of the said buildings and fixtures at the date of determination of the tenancy, such value to the determined in the absence of agreement, by a sole Arbitrator agreed upon by both the parties or in the absence of such agreement by two arbitrators one to be appointed by each party. The provisions of the Arbitration Act, 1940, and any statutory modification thereof shall apply to any such arbitration. The Lessor may however renew the lease of the land after the expiry of 99 years on such terms and conditions as considered necessary by the Lessor;(xii)if during the period of the lease the premises are required for a public purpose or for any administrative purpose by the Lessor, the Lessor shall at the expiry of a notice of fifteen days to the effect that the said premises are required for such purpose to be served upon the Lessee by an officer appointed by the Lessor in this behalf, be at liberty to take possession of the land together with all buildings, structures and appurtenance. The Lessee shall be entitled to compensation in respect of the land, buildings and structures. The compensation payable under this clause shall in case of dispute, be determined by the Lessor or such officer as he may appointed for the purpose, as nearly as may be, in accordance dance with the provisions of the Land Acquisition Act or regulations for the time being in force relating to the same and the decision of the Lessor or such officer shall be final and conclusive;(xiii)Any sum of money due to or claimable by the Lessor in respect of the land hereby demised shall be recoverable by the Lessor as an arrears of land revenue under the provisions of the Punjab Land Revenue Act, 1887 (XVII of 1887), and any amending Act for the time being in force.II. If the yearly rent hereby reserved or any part thereof shall at any time be in arrears and unpaid for one calendar month next after any of the said days whereon the same shall have become due, whether the same shall have been demanded or not, or if there shall have been in the opinion of the Lessor or the Chief Commissioner of Delhi whose decision shall be final, any breach by the Lessee or by any person claiming through or under him of any or the covenants or conditions hereinbefore contained on his part to be observed or performed then and in any such case it shall be lawful for the Lessor or any person or persons duly authorised by him notwithstanding the waiver of any previous cause or right of re-entry upon any part of the premises hereby demised or of the building thereon in the name of the whole to re-enter and thereupon this demise and every thing herein contained shall cease and determine and the Lessee shall not be entitled to any compensation whatsoever, nor to the return of any premium paid by him.III. No forfeiture or re-entry shall be effected except as herein provided without the compensation of the Chief Commissioner of Delhi and the Chief Commissioner shall not permit such forfeiture or re-entry until the Lessor has served on the Lessee a notice in writing.(a)specifying the particular breach complained of,(b)if the breach is capable of remedy, requiring the lessee to remedy the breach, and the Lessee fails within a reasonable time from the date of service of the notice to remedy the breach; if it is capable of remedy; and in the event of forfeiture on such terms and conditions as he thinks proper.Nothing in this clause shall apply to entry for breach of covenant against unauthorised sub-division.In witness whereof the President of India has caused .......... on his behalf to set his hand hereunto and the Lessee has hereunto set his hand the day and they year first above written.The Schedule above Referred toSigned________________for and on behalf of President of India in the prescience of 1. 2.Signed________________the Lessee in the presence of 1. 2.Appendix XII[(Rule 40 (3)](For small Plots given for rehabilitation purposes)Ninety-nine years Lease subject to Revision of Rent after a Period of Twenty YearsThis lease made this.................. day of.................. of the year One thousand nine hundred and fifty...................... between the President of India (hereinafter called the Lessor which expression shall, unless the context requiring another and different meaning include his successors and assigns) of the one part and --------- S/o ............... of ........ (hereinafter called "the Lessee' which expression shall be taken to mean and include the said ----- his heirs, administrator, representatives and permitted assigns when the context requires another and different meaning) of the other part.Whereas the Lessor has agreed to demise to the Lessee the land described in the Schedule hereunder written upon the terms and conditions hereinafter appearing and contained:Not this indenture witness that in consideration of the payments hereinafter referred to and of the covenant by the Lessee hereinafter contained the Lessor doth demise unto the Lessee all that piece of land described in the Schedule hereunder together with all rights, easements and appurtenances to the same belonging save and except all mines, mineral products, buried treasure, coal, petroleum, oil and quarries whatsoever in/under are within the sand land with liberty for the Lessor and his Lessee, licensees, agents and workmen and all other persons acting on his behalf to dig, search for, obtain, and carry away the same on making reasonable compensation to the lessee on account of any disturbance or damage that may be caused thereby to the surface of the said land and that such compensation shall in case of dispute be determined by an officer appointed by the Lessor for this purpose, as nearly as may be in accordance with the provisions of the Land Acquisition Act or regulations for the time being in force, whose decision thereon shall be final.To Hold the said land unto Lessee for the term of 99 years compensation from ........... yielding and paying therefor the rent as follows:-(a)For the first five years of the lease compensation from ......... an annual ground rent payable in advance a (proportionate part of the said ground rent will be payable for the fraction of a year) determined in the manner following by an officer appointed in this behalf by the Lessor. The said officer shall assess the cost of the land to Government. Such cost shall consist of the amounts spent on the acquisition and development of the land and other incidental expenses. The ground rent shall be a sum equivalent to the said cost calculated at the Government borrowing rate of interest prevailing at the date of this lease. In such calculation fraction of a pie shall be omitted.Until the ground rent is so determinated the Lessee shall pay a fixed ground rent of Rs. ........... per year and on the determination of the ground rent as aforesaid the amount paid by the Lessee shall be adjusted by the payment by him of any additional ground rent or, as the case may be, by the refund to him of any excess ground rent paid by him.(b)For the next 15 years, in addition to the ground rent referred to in (a) above, half of cost of the said land to Government as determined under (a) above. The said cost shall be payable in 15 annual equal instalments, the first of such payment to be made on the day of.......... and every subsequent payment to be made on the ........... day of ................. of each subsequent year with interest on the cost of the land so determined or the balance thereof remaining unpaid for the time being at the rate of ..... per cent per annum computed on the ......... day of ........... and payable on the .............. day of ............ each year, the first of such payment to be made on the ........ day of ......... and in case and so long as the said cost or any part thereof remain unpaid the Lessee shall pay to the Lessor interest on the said cost or on so much part thereof as shall for the time being remain unpaid at the same rate aforesaid by equal annual payments as aforesaid: Provided always that in the event of default being committed by the Lessee for a period exceeding fourteen days in the payment of any instalment or interest as aforesaid the whole of the said cost or such portion thereof as may then remain due and payable with the interest thereon as aforesaid shall forthwith become due and payable by the Lessee to the lessor.(c)In the 21st year of the lease the ground rent shall be revised by an officer appointed in this behalf by the lessor. The revised ground rent shall be a sum equivalent to the interest calculated at the Government borrowing rate of interest prevailing on the first of April of the year, on the market value to be determined by said Officer on the said date (in such calculation fraction of pie shall be omitted). The ground rent so revised shall hold good for remaining period of the lease. The ground rent shall be payable annually in advance on the 1st April each year. (A proportionate part of the said ground rent shall be payable for the fraction of a year).The determination or decision of an officer appointed by the Lessor in each of the above cases shall be final and binding upon the parties.1. The Lessee doth to the intent that the burden of the covenants may run with the said land and may bind any permitted assignee thereof hereby covenant with the Lessor as follows:-
(i)to pay the amounts on the days and in the manner hereinbefore appointed for payment thereof and also to pay all taxes, rates and assessments that now are or may hereafter during said terms be imposed upon the said land or any building or upon the Lessor or the Lessee, has permitted sub-lessee or assignee in respect thereof, under any enactment for the time being in force;(ii)to erect upon the said land and at all times during the said term to maintaining thereon a good and substantial building according to bye-laws, rules and regulations framed by the local authority having jurisdiction in the area in which the said land is situated (the expression local authority shall include the Delhi Improvement Trust) and in accordance with any directions of an officer appointed by the Lessor in this behalf or in accordance with any other law, rule or regulation for the time being applicable thereto in respect of materials to be used in and the method of construction of building in the quarter in which the said land is situated. That the Lessee shall submit plans, sections, elevations and specifications for the construction of the building to be erected upon the said land for the appointed of an officer appointed by the Lessor in this behalf in duplicate and shall not start the work of construction unless and until the approval of the said officer has been obtained in writing. The Lessee shall not make any alteration and/or addition to the building so approved and the said officer either externally or internally without first obtaining the permission of the said officer in writing:(iii)to intimate to the Lessor within one year of the completion of building the total cost incurred by him in the construction of the building. The Lessor, after receipt of this information, may cause the correctness of the information supplied to be verified and reassessed. The cost of construction so verified and reassessed shall be deemed to be the true cost of the construction of the building for the purposes of this lease and the lessee shall be bound by such verification and re-assessment;(iv)before the buildings on the said land are occupied or ready for occupation to connect the same with the gravitating sewers and to lay on water to the said buildings, in the manner directed by and officer appointed by the Lessor in this behalf and to employ a plumber, duly approved by the said officer to make and do all such connections and works, provided that when the sewage or water systems are not extended to the said quarter at the time the said building are occupied or ready for occupation, the Lessee shall within 30 days from the extension of the sewage and water systems to the said quarter, connect gravitating sewers and lay on water in manner and according to the instructions and the agency above mentioned;(v)to complete the said building within one year from the date of this lease (which period of one year may from time to time be extended by an officer appointed by the Lessor in this behalf at his discretion) to the satisfaction of an officer appointed by the Lessor in this behalf and maintain the premises and all buildings thereon is a sanitary condition according to the directions of the said officer;(vi)not to erect more not than one building upon the said land and except such out-houses and servant's quarters as may be approved by an officer appointed by the Lessor in this behalf;(vii)not to use the said land and building that may be erected during the said term for any purpose other than the purpose of constructing a house without the previous consent in writing of an officer appointed by the Lesser in this behalf; provided that lease shall become valid if the land is used for any purpose other than that for which the lease is granted not being a purpose subsequently approved by the said officer;(viii)during the first five years of lease, not to sublet or to sub-divide the said land or to part with the possession thereof, or transfer by sale, mortgage, gift or otherwise the said land or building erected thereon, without the prior permission of the Lessor in writing:Provided however that it shall be lawful for the Lessee with the previous approval of the Lessor in writing to mortgage his interest in the said land as well as his interest in any building constructed by him or to be constructed by him on the said land as security in respect of any monies advanced by a Schedule Bank or an Insurance Company for the purpose of constructing a building on the said land, but in every such case the lessee shall be bound by the following conditions:-(1)the amount to the borrowed by the Lessor on the security of the demised land or the building standing thereon shall not exceed 150 per cent of the premium paid by the Lessor in respect of the said land and 50 per cent on the true cost of the building(2)if for any reason the security given by the Lessor to his mortgage becomes enforceable within a period of five years from the date of the commencement of the lease the lease granted to the Lessee under these presents, shall, at the option of the Lessor, forthwith stand determined and the Lessor shall be entitled to the re-enter on the demised land and resume possession of the said land together with any building standing thereon; and in the event of the Lessor exercising the aforesaid option of resumption of the land and the building thereon, the Lessor's liability for payment of the compensation shall be limited to: (a) true cost of construction of the building less depreciation calculated according to the income tax law for the time being in force; and (b) refund of ninety-five per cent of the premium, if any, paid by the Lessee to the Lessor;(3)the compensation payable as aforesaid shall be apportioned between the Lessee and his mortgage in manner following, that is to say:(a)Payment of monies due to the mortgagee in discharge of the mortgage cost and other monies if any due under the mortgage to the mortgagee ; and(b)the residue, it any, to the Lessor;(ix)not to do or permit anything in or upon the demised premises or any part thereof which may become a nuisance, annoyance or cause damage to occupies of others property in the neighbourhood:(x)subject to the provisions of the sub-clause (vii) to register all changes in the possession of the whole of the said land or the building thereon whether by transfer, succession or otherwise in the register kept in the office of the local authority having jurisdiction in the area in which the said land is situated the expression local authority shall include the Delhi Improvement Trust for this purpose within one calendar month from the respective dates of such changes, and if such changes are registered in the local sub-registry under the Indian Registration Act, 1908, within one calendar month from the date of registration in such sub-registry and if the Lessee shall without sufficient cause neglect to register such changes in the manner aforesaid with the Land Officer appointed by the local authority for this purpose, the Government may impose on him for each such case of neglect a penalty not exceeding Rs. 100 and the Government may in addition to the other remedies available to it under these presents enforce the payment of such penalties in the same manner as in the case of arrears of land revenue;(xi)that all persons acting under the orders of Government shall be at liberty at all reasonable time in the day time during the said term to enter upon the said land or any building that may be erected thereon for any purpose connected with the lease;(xii)at the determination of the tenancy to yield up the demised premises with all buildings erected thereon and landlords fixture thereto, provided that the Lessor shall pay to the Lessee the value of the said buildings and fixtures at the date of determination of the tenancy, such value to be determined in the absence of agreement, by a sole Arbitrator, agreed upon by both the parties or in the absence of agreement, by two arbitratrators, one to be appointed by the each party. The provisions of the Arbitration Act, 1940 and any statutory modification therefore shall apply to any arbitration;(xiii)if during the period of the lease the premises are required for a public purpose or for any administrative purpose by the Government the Lessor shall at the expiry of a notice of fifteen days to the effect that the said premises are required by the lessor in this behalf be at liberty to take possession of the land together will all buildings, structures and appurtenances. The Lessee shall be entitled to compensation in respect to the buildings and structures on the demised land but he shall not be entitled to any compensation for his interest in the said land except refund of a proportion of the premium. The compensation payable under this clause shall, in case of dispute, be determined by the Lessor or by such officer as he may appoint for the purpose, as nearly as may be, in accordance with the provisions of Land Acquisition Act or regulation for the time being in force relating to the same and the decision of the Lessor or such officer shall be final, and(xiv)any sum of money due to or claimable by the Lessor in respect of the land hereby demised shall be recoverable by the Lessor as an arrears of land revenue;II. Provided always that if the payment hereinbefore specified or any part thereof shall be in arrears and unpaid for one calendar month after the same shall have become due whether the same shall have been demanded or not or if the Lessee makes default in payment of any penalty imposed under these presents or becomes insolvent or if the Lessee shall not observe and perform any of the covenants hereinbefore contained or if this lease shall become void under the provisions hereof the Lessor may notwithstanding waiver of any previous breach or right or re-entry cancel this lease and take possession of this land and the buildings and the fixtures that may then be thereon and also initiate appropriate proceeding for recovery of rent, penalty or other sums payable by the lessee to the Lessor under presents.III. And the Lessor doth hereby covenant with the Lessee:(i)that notice of the cancellation of the lease under clause (xiii) and II thereof shall as the Lessor may deem fit either be sent by registered post to the last known address of the Lessor or his permitted assignee and the last known address of any mortgagee whose mortgage has been registered under covenant 1(x) hereby or be addressed to the Lessee or his permitted assignee or mortgagee as such and affixed to conspicuous part of the property and that in case of cancellation of the lease under clause II if before any third party has acquired any rights in the said lease, the Lessee or his permitted assignee shall pay to the Lessor all rents then in arrears together with interest thereon at 1 per cent, per mensum and other sums due together with all costs incurred by the Lessor in connection with the cancellation or re-entry or subsequent disposal of the land leased and shall remedy to the satisfaction of any officer authorised by the Lessor in this behalf any breach of any other covenant which may have occurred, the Lessor may waive off forfeiture and if actual possession has been taken by the Lessor to restore to the Lessee to hold for the remainder of the term of the lease upon the covenants herein contained the land together with the building and fixture thereon on the date of such re-entry save if any as may have been destroyed by fire or otherwise the Lessor not being liable for any depreciation for want of repair or deterioration that may have taken place in the premises of the building or other things thereon or therein save and except loss and damage if any maliciously done or caused by his servants or agents on such re-entry;(ii)that the Lessee paying the rent hereby reserved and observing and performing the several covenants and stipulations herein on his part contained shall peaceably hold and enjoy the demised premises during the said lease without any interruption of the Lessor or any person rightfully claiming under him.In Witness Whereof the President of India has caused on his behalf to set his hand and the Lessee has hereunder set his hand the day and year first above written.The Schedule Above Referred ToSigned by - on behalf of the President of India in the presence ofSigned by - in the presence ofAppendix XIII[(Rule 40(3)]For plots which are soldNinty-nine years lease subject to revision of rent after a period of twenty year from the 1st of April, 1955.The Lease made this ............... day of ................... in the year One thousand nine hundred and fifty ................... between the President of India (hereunder called the Lessor which expression shall unless the context requires another and different meaning include his successors and assigns) of the one part and ..................................... S/o ....................................................... (hereinafter called the Lessee which expression shall be taken to mean and includes his heirs, executors, administrators, representatives, and permitted assigns except when the context requires another and different meaning) of the other part:Whereas the Lessor agreed to demise on payment of an initial premium of Rs. ............ the land fully described in the Schedule hereunder written upon the terms and conditions hereinafter appearing and contained;Now this deed witnessth that in consideration of the said premium and the rent hereinafter reserved and of the covenants by the Lessee hereinafter contained the Lessor doth lease unto the Lessee all piece of land described in the Schedule hereunder together with all rights, easements and appurtenances to the same belonging save and except all mines and mineral product, burried treasure, coal, petroleum, oil and his lessee, licensees, agents and workmen and all other persons acting on his behalf to dig, search for, obtain and carry away the same on making reasonable compensation to the lessee on account of any disturbance or damage that may be caused thereby to the surface of the said land and that such compensation shall in case of dispute be determined by an officer appointed by the Lessor for this purpose, as nearly as may be in accordance with provisions of the Land Acquisition Act, or Regulations for the time being in force, whose decision shall be final.To hold the said land unto Lessee for the term of 99 years from the date of this lease yielding and paying therefor the rent as follows:-(a)For the first twenty years of the lease commencing from_____________ an annual ground rent of Rs. ............ payable in advance (a proportionate part of the said ground rent will be payable for the fraction of a year)(b)in the twenty first years of the lease the ground rent shall be revised by an officer appointed in this behalf by the Lessor provided that such revised ground rent shall not be in excess of the ground rent payable for the first years under clause (a) by more than 50 per cent. The ground rents so revised shall hold good for the remaining period of the lease. The ground rent shall be payable annually in advance on the 1st April each year, (a proportionate part of the said ground rent shall be payable for the fraction of a year).1. The Lessee doth to the intent that the burden of the covenants may run with that said land and may bind any permitted assignee thereof hereby covenant with Lessor as follows:-
(i)to pay the said rent on the days and in the manner hereinbefore appointed for the payment thereof and also to pay all taxes, rates and assessment that now or may hereafter during the said term be imposed upon the said land or any building or upon the Lessor or the Lessee, his sub- lessee or assignee in respect thereof under any enactment for the time being in force;(ii)to erect upon the said land at all times during the said term to maintain thereon a good and substantial building according to the Byelaws, Rules, and Regulations framed by the local authority having jurisdiction in the area in which the said land is situated, (the expression local authority shall include the Delhi Improvement Trust) or in accordance with any directions of an officer appointed by Lessor or this behalf or in accordance with any other law, rule or regulation for the time being applicable thereto in respect of materials to be used in and the method of construction of building in the quarter in which the said land in situated. That the Lessee shall submit plans, sections, elevations and specification for the construction of the building to be erected upon the said land for the approval of an officer appointed by the Lessor in this behalf, in duplicate, and shall not start the work of construction unless and until the approval of the said officer has been obtained in writing. The Lessee shall not make any alteration and/or additions to be building so approved by the said officer either externally or internally without first obtaining the permission of the said officer in writing;(iii)to intimate to the Lessor within one year of the completion of the building the total cost incurred by him in the construction of the building. The lessor after receipt of the information may cause the correctness of the information supplied to be verified and reassessed. The cost of construction so verified and reassessed shall be deemed to be the true cost of construction of the building for the purpose of the lease and the Lessee shall be bound by such verification and re-assessment;(iv)before the buildings on the said land are occupied or ready for occupation to connect the same with the gravitating sewers and to lay on water to the said buildings in the manner directed by an officer appointed by the Lessor in this behalf and to employ a plumber duly approved by the said officer to make and do all such connections and works provided that when the sewage or water systems are not extended to the said quarter at the time the said buildings are occupied or ready for occupation, the Lessee, shall, within 30 days from the extension of the sewage and water systems to the said quarter, gravitating sewers and lay on water in the manner and according to the instruction and through the agency above mentioned;(v)to complete the said building within one year from the date of this lease (which period of one year may from time to be extended by an Officer appointed by the Lessor in this behalf at his discretion) to the satisfaction of an officer appointed by the Lessor in this behalf and maintain the premises and all buildings thereon in the sanitary condition according to the directions of the officer;(vi)not to erect more the one building upon the said land and except such out houses and servants' quarters as may be approved by an officer appointed by the Lessor in this behalf;(vii)not to use the said land and buildings that may be erected thereon during the said term for any purpose other than the purpose of constructing a house without the previous consent in writing of an officer appointed by the Lessor in this behalf; provided that the lease shall become void if the land is used for any purpose other than that for which the lease is granted not being a purpose subsequently approved by the said officer.(viii)during the first five years of the lease not to sub-let or to subdivide the said or to part with the possession thereof, or transfer by sale, mortgage, gift or otherwise the said land or building erected thereon or on any part thereof, without the prior permission of the Lessor in writing:1. Provided however that it shall be lawful for the Lessee with the previous approval of the Lessor in writing to mortgage his interest in the said land as well as interest in any building constructed by him or to be constructed by him on the said land as security in respect of any monies advanced by a Scheduled Bank or an Insurance Company for the purpose of constructing a building on the said land, but in every such case the Lessee shall be bound by the following conditions:
(1)the amount to be borrowed by the Lessor on the security of the demised land or the building standing thereon shall not exceed 50 per cent, of the premium paid by the Lessor in respect of the said lands and 50 per cent, of the true cost of construction of the building;(2)if for any reason the security given by the Lessor to his mortgage becomes enforceable within a period of five years from the date of the commencement of the lease granted to the Lessee under the Lessor, shall, at the opinion of the Lessor, forthwith stand determined and the Lessor shall be entitled to re- enter on the demised land and resume possession of the said land together with any building standing and in the event of the Lessor exercising the aforesaid option of resumption of the land and the building thereon the Lessor's liability for payment of compensation shall be limited to : (a) true cost of construction of the building less depreciation calculated according to the Income tax for the time being in force, and (b) refund of ninety-five per cent, of the premium, if any, paid by the Lessee to the Lessor.(3)the compensation payable as aforesaid shall be apportioned between the Lessee and his mortgage in the manner following, that is to say:(a)payment of monies due to the mortgagee in discharge of the mortgagee, costs and other monies, if any, due under the mortgage: to the mortgagee and(b)the residue, if any, to the Lessor;(ix)not to do or permit anything in or upon the demised premises or any part thereof which may be or become a nuisance, annoyance or cause damage to occupiers of other property in neighboured;(x)subject to the provisions of clause (viii) to the register all changes in the possession of the whole of the said land of the building thereon whether by transfer, succession or otherwise in the register kept in the office of the local authority the expression local authority shall include the Delhi Improvement Trust for this purpose within one calendar month from the respective dates of such changes and if such changes are registered in the local sub-registry under the Registration Act, 1908, within one calendar month from the date of registration in such sub-registry and if the lessee shall without sufficient cause neglect to register such changes in the manner aforesaid with the Lands Officer or other officer appointed by the local authority for this purpose the Lessor may impose on him for each such case of neglect a penalty not exceeding Rs. 100 and the said lessor may in addition to the other remedies available to him under these presents enforce the payments of such penalties in the same manner as in the case of arrears of land revenue;(xi)that the Lessor and all persons acting under his orders shall be at liberty at all reasonable times in the day time during the said term to enter upon the said land or any buildings that may be erected thereon for any purpose connected with the lease;(xii)at the determination of the tenancy, to yield up the demised premises with all buildings erected thereon and the landlords's fixtures affixed thereto the Lessor shall pay to the Lessee the value of the said buildings and fixtures at the date of the determination of the tenancy, such value to be determined in the case of agreement, by a sole arbitrator agreed upon by both the parties or in the absence of such agreement by two arbitrators, one to be appointed by each party. The provisions of the Arbitration Act, 1940 and any statutory modifications thereof shall apply to any such arbitration;(xiii)if during the period of the lease the premises are required for a public purpose or any administrative purpose by the Government the Lessor, shall at the expiry of a notice of fifteen days to the effect that the said premises are required for such purpose to be served upon the Lessee by an Officer appointed by the Lessor in this behalf, be at liberty to take possession of the land together with all buildings, structures and appurtenances. The Lessee shall be entitled to any compensation in respect of the buildings and structures on the demised land but he shall not be entitled to any compensation for his interest in the said land except refund of a proportion of the premium. The compensation payable under this clause, shall, in case of dispute, determined by the Lessor by such officer as he may appoint for the purpose, as nearly as may be in accordance with the provisions of the Land Acquisition Act, or regulations for the time being in force relating to the same and the decision of the Lessor or such officer shall be final and conclusive;(xiv)any sum of money due to or claimable by the Lessor in respect of the land hereby demised shall be recoverable by the Lessor as an arrear of land revenue.II. Provided always that if the said rent or any part thereof shall be in arrears and unpaid for one calendar month after the same shall have become due whether the same shall have been demanded or not or if the Lessee makes default in payment of any penalty imposed under these presents or becomes insolvent of if the Lessee does not observe and perform any of the covenants hereinbefore contained, or if this lease shall become void under the provisions before the Lessor may notwithstanding the waiver of any previous breach of right of re-entry cancel this lease and take possession of this land and the building and the fixtures that may then be thereon and also initiate appropriate proceedings for recovery or rent, penalty or other sums payable by the Lessee to the Lessor under these presents.III. And the Lessor doth hereby covenant with the Lessee:-9. That notice of the cancellation of the lease under clauses I (xii) and II hereof shall as the Lessor may deem fit either be sent by registered post to the last known address of the Lessee or his permitted assignee and the last know address of any mortgagee whose mortgage has been registered under Government I (x) hereby or to be addressed to the Lessee or his permitted assignee or mortgagee as such and affixed to a conspicuous part of the property and that in case of cancellation of the lease under clause II if before any third party has acquired any right in the said lease, the Lessee or his permitted assignee shall pay to the Lessor all rents then in arrear together with interest at 1 per cent per mensem and other sums due together with all costs incurred by the Lessor in connection with the cancellation or re-entry or subsequent to the satisfaction of any officer authorised by the Lessor in this behalf any breach disposal of the land leased and shall remedy of any other covenant which may have occurred the Lessor may waive the forfeiture and if the actual possession has been taken by the Lessor to restore to the Lessee to hold for the remainder of the term of the lease upon the covenants herein contained the land together with the buildings and fixtures thereon on the date of such re-entry save such, if any, as may have been destroyed by fire or otherwise the Lessor not being liable for any depreciation for want of repair or deterioration that may have taken place in the premises or the buildings or other things thereon or therein save and except loss and damage, if any, maliciously done or caused by his servants or agents on such re-entry.
(b)That the Lessee paying the rent hereby reserved and observing and performing the several covenants and stipulations herein on his part contained shall peaceably hold and enjoy the demised premises during the said lease without any interruption of the Lessor or any person rightfully claiming under him.In Witness Whereof the President of India has caused on his behalf to set his hand and the Lessee has hereunder set his hand the day and year first above written.The Schedule Above Referred Tosinged by-on behalf of the President India in presence ofSigned by-in the presence ofAppendix XIV[Rule 51]Scale of allotment of force in Punjab and Pepsu
| Area abandoned |
Net allotment |
Area abandoned |
Net allotment |
| 1 |
2 |
3 |
4 |
| 25 p.c. |
65 p.c. |
| 1 |
0-12 |
23 |
16-9½ |
| 2 |
1-8 |
24 |
17-4¾ |
| 3 |
2-4 |
25 |
18-0 |
| 4 |
3-0 |
26 |
18-11½ |
| 5 |
3-12 |
27 |
19-6½ |
| 6 |
4-8 |
28 |
20-1½ |
| 7 |
5-4 |
29 |
20-12¾ |
| 8 |
6-0 |
40 p.c. |
|
| 9 |
6-12 |
30 |
21-8 |
| 10 |
7-8 |
31 |
22-1½ |
| 30 p.c. |
|
32 |
22-11½ |
| 11 |
8-3½ |
33 |
23-4¾ |
| 12 |
8-14½ |
34 |
23-4½ |
| 13 |
9-9½ |
35 |
24-8 |
| 14 |
10-4¾ |
36 |
25-1½ |
| 15 |
11-0 |
37 |
25-11¼ |
| 16 |
11-11¾ |
38 |
26-4¾ |
| 17 |
12-6½ |
39 |
26-14½ |
| 18 |
13-1½ |
40 |
27-8 |
| 19 |
13-12¾ |
50 p.c. |
|
| 20 |
14-8 |
41 |
28-0 |
| 21 |
15-3¼ |
42 |
28-8 |
| 22 |
15-14½ |
104 |
52-11¼ |
| 43 |
29-0 |
105 |
53-0 |
| 44 |
29-8 |
106 |
53-4½ |
| 45 |
30-0 |
107 |
53-9½ |
| 46 |
30-8 |
108 |
53-14½ |
| 47 |
31-0 |
109 |
54-3¼ |
| 48 |
31-8 |
110 |
54-8 |
| 49 |
32-0 |
111 |
54-12-3/2 |
| 50 |
32-8 |
112 |
55-1¼ |
| 51 |
33-0 |
113 |
55-6½ |
| 52 |
33-8 |
114 |
55-11¼ |
| 53 |
34-0 |
115 |
56-0 |
| 54 |
34-8 |
116 |
56-4¾ |
| 55 |
35-0 |
117 |
56-9½ |
| 56 |
35-8 |
118 |
56-14¼ |
| 57 |
36-0 |
119 |
57-3-1/3 |
| 58 |
36-8 |
120 |
57-8 |
| 59 |
37-0 |
121 |
57-12¾ |
| 60 |
37-8 |
122 |
58-1½ |
| 65 p.,c., |
|
|
|
| 61 |
37-13½ |
123 |
58-6½ |
| 62 |
38-3¼ |
124 |
58-11¼ |
| 63 |
38-8¾ |
125 |
59-0 |
| 64 |
38-14½ |
126 |
59-4¾ |
| 65 |
39-4 |
127 |
59-9½ |
| 66 |
39-9½ |
128 |
59-14½ |
| 67 |
30-15¼ |
129 |
60-3¼ |
| 68 |
40-4¾ |
130 |
60-8 |
| 69 |
40-10½ |
131 |
60-12¾ |
| 70 |
41-0 |
132 |
61-1½ |
| 71 |
41-5½ |
133 |
61-6½ |
| 72 |
41-11¼ |
134 |
61-11¼ |
| 73 |
42¾ |
135 |
62-0 |
| 74 |
42-6½ |
136 |
62-4¾ |
| 75 |
42-12 |
137 |
62-9½ |
| 76 |
43-1-182 |
138 |
61-14½ |
| 77 |
43-7¼ |
139 |
63-3½ |
| 78 |
43-12¾ |
140 |
63-8 |
| 79 |
44-2½ |
141 |
63-12¾ |
| 80 |
44-8 |
142 |
64-1½ |
| 81 |
44-13½ |
143 |
64-6½ |
| 82 |
45-3¼ |
144 |
64-11¼ |
| 83 |
45-8¾ |
145 |
65-0 |
| 84 |
45-14½ |
146 |
65-4¾ |
| 85 |
46-4 |
147 |
65-9½ |
| 86 |
46-9½ |
148 |
65-14½ |
| 87 |
46-15¼ |
149 |
66-3¼ |
| 88 |
47-4¾ |
150 |
66-8 |
| 89 |
47-10½ |
75 p.c. |
|
| 90 |
48-0 |
151 |
66-12 |
| 91 |
48-5½ |
152 |
67-0 |
| 92 |
48-11¼ |
153 |
67-4 |
| 93 |
49¾ |
154 |
67-8 |
| 94 |
49-6½ |
155 |
67-12 |
| 95 |
49-12 |
156 |
68-0 |
| 96 |
50-1½ |
157 |
68-4 |
| 97 |
50-7¼ |
158 |
68-8 |
| 98 |
50-12¾ |
159 |
68-12 |
| 99 |
51-2½ |
160 |
69-0 |
| 100 |
51-8 |
161 |
69-4 |
| 70 p.c. |
|
162 |
69-8 |
| 101 |
51-12¾ |
163 |
69-12 |
| 102 |
52-1½ |
164 |
70-0 |
| 103 |
52-6½ |
165 |
70-4 |
| 168 |
71-0 |
166 |
70-8 |
| 169 |
71-4 |
167 |
70-12 |
| 170 |
71-8 |
232 |
85-6-172 |
| 171 |
71-12 |
233 |
85-9½ |
| 172 |
72-0 |
234 |
85-12¾ |
| 173 |
72-4 |
235 |
86-0 |
| 174 |
72-8 |
236 |
86-3¾ |
| 175 |
72-12 |
237 |
86-6½ |
| 176 |
73-0 |
238 |
86-9½ |
| 177 |
73-4 |
239 |
86-12¾ |
| 178 |
73-8 |
240 |
87-0 |
| 179 |
73-12 |
241 |
87-3¼ |
| 180 |
74-0 |
242 |
87-6½ |
| 181 |
74-4 |
243 |
87-9½ |
| 182 |
74-8 |
244 |
87-22¾ |
| 183 |
74-12 |
245 |
88-0 |
| 184 |
75-0 |
246 |
88-3¼ |
| 185 |
75-4 |
247 |
88-6½ |
| 186 |
75-8 |
248 |
88-9½ |
| 187 |
75-12 |
249 |
88-12¾ |
| 188 |
76-0 |
250 |
89-0 |
| 189 |
76-4 |
85 p.c. |
|
| 190 |
76-8 |
251 |
89-2½ |
| 191 |
76-12 |
252 |
89-4¾ |
| 192 |
77-0 |
253 |
89-7¼ |
| 193 |
77-4 |
254 |
89-9½ |
| 194 |
77-8 |
255 |
89-12 |
| 195 |
77-12 |
256 |
89-14½ |
| 196 |
78-0 |
257 |
90¾ |
| 197 |
78-4 |
258 |
90-3 |
| 198 |
78-8 |
259 |
90-5½ |
| 199 |
78-12 |
260 |
90-8 |
| 200 |
79-0 |
261 |
90-10½ |
| 30 p.,c., |
|
262 |
90-12¾ |
| 201 |
79-3¼ |
263 |
90-15¼ |
| 202 |
79-6½ |
264 |
91-1-12 |
| 203 |
79-9½ |
265 |
91-4 |
| 204 |
79-12¾ |
266 |
91-6½ |
| 205 |
80-0 |
267 |
91-8¾ |
| 206 |
80-3¼ |
268 |
91-11¼ |
| 207 |
80-6½ |
269 |
91-13¼ |
| 208 |
80-9½ |
270 |
92-0 |
| 209 |
80-12¾ |
271 |
92-2½ |
| 210 |
81-0 |
272 |
92-4¾ |
| 211 |
81-3¼ |
273 |
92-7½ |
| 212 |
81-6½ |
374 |
92-9½ |
| 213 |
81-9½ |
275 |
92-12 |
| 214 |
81-12¾ |
276 |
92-14½ |
| 215 |
82-0 |
277 |
93¾ |
| 216 |
82-3¼ |
278 |
93-3¼ |
| 217 |
82-6½ |
279 |
93-5½ |
| 218 |
82-9½ |
280 |
93-8 |
| 219 |
82-12¾ |
281 |
93-10½ |
| 220 |
83-0 |
282 |
93-12¾ |
| 221 |
83-3¼ |
283 |
93-15¾ |
| 222 |
83-6½ |
284 |
94-1½ |
| 223 |
83-9½ |
285 |
94-4 |
| 224 |
83-12¾ |
286 |
94-6½ |
| 225 |
84-0 |
287 |
94-8 |
| 226 |
84-3¼ |
288 |
94-11¼ |
| 227 |
84-6½ |
289 |
94-13 |
| 228 |
84-9½ |
290 |
95-0 |
| 229 |
84-12¾ |
291 |
95-2½ |
| 230 |
85-0 |
292 |
95-4¾ |
| 231 |
85-3-174 |
293 |
95-7¼ |
| 296 |
85-14½ |
294 |
95-9½ |
| 297 |
96¾ |
295 |
95-12 |
| 298 |
96-3¼ |
362 |
105-12¾ |
| 299 |
96-5½ |
363 |
105-15½ |
| 300 |
96-8 |
364 |
106-1½ |
| 301 |
96-13½ |
365 |
106-4 |
| 302 |
96-13¾ |
366 |
106-6½ |
| 303 |
96-15¼ |
367 |
106-8¾ |
| 304 |
97-1½ |
368 |
106-11¼ |
| 305 |
97-4 |
369 |
106-13½ |
| 306 |
97-6½ |
370 |
107-0 |
| 307 |
97-8¾ |
371 |
107-2½ |
| 308 |
97-11¼ |
372 |
107-4¾ |
| 309 |
97-15½ |
373 |
107-7¾ |
| 310 |
98-0 |
374 |
107-9½ |
| 311 |
98-2-172 |
375 |
107-12 |
| 312 |
98-4¾ |
376 |
107-14½ |
| 313 |
98-7¼ |
377 |
108¾ |
| 314 |
98-9½ |
378 |
108-3¼ |
| 315 |
98-12 |
379 |
108-5½ |
| 316 |
98-14½ |
380 |
108--8 |
| 317 |
99¾ |
381 |
108-10½ |
| 318 |
99-3¼ |
382 |
108-12¾0 |
| 319 |
99-5½ |
383 |
108-15¼ |
| 320 |
99-8 |
384 |
109½ |
| 321 |
99-10½ |
385 |
109-4 |
| 322 |
99-12¾ |
386 |
109-6½ |
| 323 |
99-15¼ |
387 |
109-8-34 |
| 324 |
100-1½ |
388 |
109-11¼ |
| 325 |
100-4 |
389 |
109-13-1/3 |
| 326 |
100-6½ |
390 |
110-0 |
| 327 |
100-8¾ |
391 |
110-2½ |
| 328 |
100-11¼ |
392 |
110-4¾ |
| 329 |
100-13½ |
393 |
110-7½ |
| 330 |
101-0 |
394 |
110-9¾ |
| 331 |
101-2½ |
395 |
110-12 |
| 332 |
101-4¾ |
396 |
110-14½ |
| 333 |
101-7¼ |
397 |
111¾ |
| 334 |
101-9½ |
398 |
111-3¼ |
| 335 |
101-12 |
399 |
111-5½ |
| 336 |
101-14½ |
400 |
111-8 |
| 337 |
102¾ |
401 |
111-10½ |
| 338 |
102-3¼ |
402 |
111-12½ |
| 339 |
102-5½ |
403 |
111-15¼ |
| 340 |
102-8 |
404 |
112-1½ |
| 341 |
102-10½ |
405 |
112-4 |
| 342 |
102-12¾ |
406 |
112-6½ |
| 343 |
102-15¼ |
407 |
112-8¾ |
| 344 |
103-1½ |
408 |
112-11¼ |
| 345 |
103-4 |
409 |
112-13½ |
| 346 |
103-6½ |
410 |
113-0 |
| 347 |
103-8¾ |
411 |
113-2½ |
| 348 |
103-11½ |
412 |
113-4¾ |
| 349 |
103-13½ |
413 |
113-7¼ |
| 350 |
104-0 |
414 |
113-9½ |
| 351 |
104-2½ |
415 |
113-12 |
| 352 |
104-4¾ |
416 |
113-14½ |
| 353 |
104-7¼ |
417 |
114¾ |
| 354 |
104-9½ |
418 |
114-3¼ |
| 355 |
104-12 |
419 |
114-5½ |
| 356 |
104-14½ |
420 |
114-8 |
| 357 |
105¾ |
421 |
114-10½ |
| 358 |
105-3¼ |
422 |
114-12¾ |
| 359 |
105-5½ |
423 |
114-15¼ |
| 360 |
105-10½ |
424 |
115-1½ |
| 361 |
105-10½ |
425 |
115-4 |
| |
|
426 |
115-6½ |
| 429 |
115-13½ |
427 |
115-8¾ |
| 430 |
116-0 |
428 |
115-11½ |
| 431 |
116-2½ |
|
|
| 432 |
116-4¾ |
496 |
125-14½ |
| 433 |
116-7¼ |
497 |
126¾ |
| 434 |
116-9½ |
498 |
126-3½ |
| 435 |
116-12 |
499 |
126-5½ |
| 436 |
116-14½ |
500 |
126-8 |
| 437 |
117¾ |
Note. - (1) For every 100standard acres owned above 500 standard acres 10 standard acreswould be allotted.(2) For every 50standard acres owned above 500 standard acres 5 standard acreswould be allotted.(3) For every 10 standard acresowned above 500 standard acres I standard acre would beallotted.(4) For every III standardacre owned above 500 standard 1/10 standard acre would beallotted.
|
| 438 |
117-3¼ |
| 439 |
117-5¼ |
| 440 |
117-8 |
| 441 |
117-10½ |
| 442 |
117-22¾ |
| 443 |
117-15¼ |
| 444 |
118-1½ |
| 445 |
118-4 |
| 446 |
118-6½ |
| 447 |
118-8¾ |
| 448 |
118-11¼ |
| 449 |
118-13½ |
| 450 |
119-0 |
| 451 |
119-2½ |
| 452 |
119-4-34 |
| 453 |
119-7¼ |
| 454 |
119-9½ |
90 p.c. |
|
| 455 |
119-12 |
550 |
131-8 |
| 456 |
119-14½ |
600 |
136-8 |
| 457 |
120¾ |
650 |
141-8 |
| 458 |
120-3¼ |
700 |
146-8 |
| 459 |
120-5½ |
750 |
151-8 |
| 460 |
120-8 |
800 |
156-8 |
| 461 |
120-10½ |
850 |
161-8 |
| 462 |
120-12¾ |
900 |
166-8 |
| 463 |
120-15¼ |
950 |
171-8 |
| 464 |
121-1½ |
1000 |
179-8 |
| 465 |
121-4 |
|
|
| 466 |
121-6½ |
|
|
| 467 |
121-8¾ |
|
|
| 468 |
121-11¼ |
|
|
| 469 |
121-13½ |
|
|
| 470 |
122-0 |
Note. - (1) For every 100 standardacres owned above 100 standard acres 5 standard acres would beallotted.(2) For every 50 standardacres owned above 100 standard acres 2½ standard acreswould be allotted.(3) For every 10 standardacres owned above 1000 standard acres 1/2 standard acre wouldallotted.
|
| 471 |
122-2½ |
| 472 |
122-4¾ |
| 473 |
122-7¼ |
| 474 |
122-2½ |
| 475 |
122-12 |
| 476 |
122-14½ |
| 477 |
123¾ |
| 478 |
123-3¼ |
| 479 |
123-5½ |
| 480 |
123-8 |
|
|
| 481 |
123-10½ |
|
|
| 482 |
123-12¾ |
|
|
| 483 |
123-15½ |
95 p.c. |
|
| 484 |
124-1½ |
1100 |
181-8 |
| 485 |
124-4 |
1200 |
186-8 |
| 486 |
124-6½ |
1300 |
196-8 |
| 487 |
124-8¾ |
1400 |
191-8 |
| 488 |
124-11¼ |
1500 |
201-8 |
| 489 |
124-13-172 |
1600 |
206-8 |
| 490 |
125-0 |
1700 |
211-8 |
| 491 |
125-2½ |
1800 |
216-8 |
| 492 |
125-8¾ |
1900 |
221-8 |
| 493 |
128-7½ |
2000 |
226-8 |
| 494 |
125-9-1-2 |
2100 |
231-8 |
| 495 |
125-12 |
3700 |
311-8 |
| 2200 |
236-8 |
3800 |
316-8 |
| 2300 |
241-8 |
|
|
| 2400 |
246-8 |
3900 |
321-8 |
| 2500 |
251-8 |
4000 |
326-8 |
| 2600 |
256-8 |
4100 |
331-8 |
| 2700 |
261-8 |
4200 |
336-8 |
| 2800 |
266-8 |
4300 |
341-8 |
| 2900 |
271-8 |
4400 |
346-8 |
| 3000 |
276-8 |
4500 |
351-8 |
| 3100 |
281-8 |
4600 |
356-8 |
| 3200 |
286-8 |
4700 |
361-8 |
| 3300 |
291-8 |
4800 |
366-8 |
| 3400 |
296-8 |
4900 |
371-8 |
| 3500 |
301-8 |
5000 |
376-8 |
| 3600 |
306-8 |
|
|
Appendix XV[Rule 88]SanadWhereas by the notification of the Government of India in the Ministry of Rehabilitation No. dated issued under section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954) (hereinafter referred to as the said Act), the Central Government has acquired the evacuee property described in the Schedule to this Sanad (hereinafter referred to as the said property)And Whereas the said property may be transferred to the said .............. S/o of for the purpose of the compensation payable to him under the said Act.And whereas the said .................. son of .................. died on .................... at ........... leaving behind him ...................as his successor-in-interest;The President is hereby pleased to transfer the right, title and interest acquired by the Central Government in the said property to ..... ............ (hereinafter referred to as the transferee) subject to the following terms and conditions:-(1)It shall be lawful for the President to resume the whole or any part or the said property if the Central Government is at any time satisfied and records a decision in writing to the effect (the decision of the Central Government in this behalf being final) that the transferee or his predecessors-in-interest had obtained this grant of allotment of the said property or has obtained or obtains any other compensation in any form whatsoever under the said Act by fraud or misrepresentation.(2)Any loan made to the transferee or his predecessor-in-interest by the Central Government or to State Government or, any other dues payable by the transferee or his predecessor-in-interest in respect of the said property to either of the said Governments on the date of the transfer together with any interest due on any such loan shall be a first charge on the said property and shall without prejudice to any other rights and remedies of the said Government, be recoverable in the same manner as an arrears of land revenue and no transfer of the said property shall be valid unless the amount of the said loan together with the interest, if any, dues have been paid in full.(3)The stamp duty leviable on this instrument shall be payable by the Central Government. The Schedule above referred to.Executed this day of .................. at ............ by .........Appendix XVI(Rule 71)Declaration of the allottees
| Village/Tehsil/District |
Hadast No. ........... |
|
1. Name with parentage, caste and full particulars ofresidence in India
|
|
|
|
|
|
2. Name of villages with Tehsil, District and provinces whereLand was owned in Pakistan
|
West Punjab |
Bahawalpur |
Sind |
NWFP |
| ____________________________________________________________________ |
| Village Tehsil Districts |
|
|
|
|
3. Name of Village, Tehsil and Districts of E. Punjab/Pepsuwhere temporary allotment of land was held
|
|
East Punjab |
Pepsu |
Particulars of the Rural Agricultural land allotted in Punjab/Pepsu.
| Rural |
Suburban, |
Garden colony |
Provincial, Garden |
|
| Village |
Area allotted |
No. & date of allotment order, Village |
Village |
Area allotted |
No. & date of allotment order, Village |
Village |
Area allotted |
No. & date of allotment order, |
Village |
Area allotted |
No. & date of allotment order, |
| |
_____SAU |
|
|
_____SAU |
|
|
_____SAU |
|
|
_____SAU |
|
| |
|
|
|
|
|
|
|
|
|
|
|
| |
Place |
Area allotted. |
| 5. Allotment of land obtained outside Punjab Pepsu |
|
| Houses |
Haveli, |
Taur |
| 6. Particulars of Rural Houses allotted:- |
(Cattle Shed), |
Vacant Site |
| (a) No. of the house or houses, Havelis and Taurs allotted. |
|
|
| (b) No. & date of allotment order. |
|
|
|
7. Particulars of a revision or a writ petition pendingagainst this allotment in any Court of law.
|
|
|
Rural Loans Received
| Kind of loan |
Name of Tehsil fromwhere the loan was taken
|
Amount actually taken |
Amount outstanding atpresent
|
| |
|
Rs. |
Rs. |
| Purchase of :- |
|
|
|
| 1. Bullock |
|
|
|
| 2. Seed |
|
|
|
| 3. Agric. Implements |
|
|
|
| 4. Tractors |
|
|
|
| 5. Persian Wheels. |
|
|
|
| 6 |
|
|
|
| 7 |
|
|
|
| 8 |
|
|
|
| 9 |
|
|
|
| 10 |
|
|
|
9. Details of verified claims from Government of India
| Index No. |
Date of verification |
Amount |
| |
|
|
Identified by:(Lambardar of the village)| Signature or Thumb Impression| SignatureThumb Impression| of the allottee |
I S/o Shri Caste allottee of villageTehsil District do hereby declare on solemn affirmation that the information furnished by me is true to the best of my knowledge and belief that nothing has been concealed herein and that no other allotment has been taken by me or on my behalf.
| Attested |
Deponent |
|
| Naib Tehsildar |
(Seal) |
Dated |
I have personally checked the land/houses allotment and am satisfied that the information furnished by the deponent is correct. I have also checked up his loan account and Rs. are still due from him.I hereby order that the Sanad transferring rights relating to this allotment be issued subject to a charge of Rs. on the land.Naib TehsildarAppendix XVII[Rule 72 (2)]SanadWhereas by the notification of the Government of India in the Ministry of Rehabilitation No. dated issued under section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954) (hereinafter referred to as the said Act), the Central Government has required the evacuee property described in the sanad taqsim arazi motrooka No. dated - (hereinafter referred to as the said property) which under the said Sanad has been allotted to S/o on quasi-permanent basis under the conditions published by the notification of the Government of Punjab No. 4892-S, dated the 8th July, 1949;And whereas under section 10 of the said Act the property may be transferred to the said S/o ________________ for the purpose of the compensation payable to him under the said Act:And whereas the said son of died on at - leaving behind him as his successors-in-interest;The President is hereby pleased to transfer the right, title and interest acquired by the Central Government in the said property to - (hereinafter referred to as the transferee) subject to the following terms and conditions:-(1)It shall be lawful for the President to resume the whole or any part of the said property if the Central Government is at any time satisfied and records a decision in writing to that effect (the decision of Central Government in this behalf being final) that the transferee or his predecessor-in-interest had obtained any other compensation in any form whatever under the said Act by fraud, false representation or concealment of any material fact.(2)(i)A sum of Rs. and a sum of Rs. have been found due from the transferee as public dues to the Central Government and the State Government respectively and the said property shall be security for and be charged with the payment of the said sums and the said sum shall, without prejudice to any other rights and remedies of the said Governments, be recoverable in the same manner as an arrears of land revenue.(ii)Any loan made to the transferee or his predecessors-in-interest by the Central Government or a State Government or, any other dues payable by the transferee or his predecessor-in-interst in respect of the said property to either of the said Governments on the date of transfer together with any interest due on any such loan shall as well be a charge on the said property and shall without prejudice to any other rights and remedies of the said Governments, be recoverable in the same manner as an arrears of land revenue and any transfer of the said property shall not be valid unless the amount of the said loan together with interest, if any, and the said dues have been paid in full.(3)The stamp duty leviable on this instrument shall be payable by the Central Government.Executed this day of _______________ at __________ by __________________.on behalf of the President ______________ .(Signature)Appendix XVII[Rule 72(2)]SanadWhereas by the Notification of the Government of India in the Ministry of Rehabilitation No. ................... dated ............. issued under section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954) (hereinafter referred to as said Act), the Central Government has acquired the evacuee property described in the sanad taqsim arazi matroka No. ............... dated ......... (hereinafter referred to as the said property) which under the Sanad has been allotted to ............ S/o ................ on quasi-permanent basis under the conditions published by the Notification of the Government of Punjab No. 4892-S dated the 8th July, 1949.And whereas in pursuance of a scheme for consolidation of holdings made under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (East Punjab Act No. L of 1948) the said ............. was granted land described in the Schedule hereto annexed (hereinafter referred to as the said property) in exchange for the said evacuee property:And whereas the said ................... son of .......... ... .... died on .. . .. .. at___________ leaving behind him as his successor-in-interest:The President is hereby pleased to Transfer the right, title and interests acquired by the Central Government in the said property to ....... (hereinafter referred to as the transferee) subject the following terms and conditions:(1)It shall be lawful for the President to resume the whole or any part of the said property if the Central Government is at any time satisfied and records a decision in writing to the effect (the decision of Central Government in this behalf being final) that the transferee or his predecessor-in-interest had obtained this grant or allotment of the said property or has obtained or obtains any other compensation in any form whatsoever under the said Act by fraud, false representation or concealment of any material fact.(2)(i)A sum of Rs. and a sum of Rs. have been found due from the transferee as public dues to the Central Government and the State Government respectively and the said property shall be a security for and be charged with the payment of the said sums and the said sums shall, without prejudice to any other rights and remedies of the said Governments, be recovered in the same manner as an arrears of land revenue.(ii)Any loan made to the transferee or his predecessor-in-interest by the Central Government or a State Government or, any other dues payable by the transferee or his predecessor-in-interest in respect of the said property or either of the said Governments on the date of transfer together with any interest due on any such loan shall as well be a charge on the said property and shall without prejudice to any other rights and remedies of the said Governments, be recoverable in the same manner as an arrears of land revenue and any transfer of the said property shall not be valid unless the amount of the said loan together with the interest if any and the said dues have been paid in full.(3)The stamp duty leviable on this instrument shall be payable by the Central Government.The Schedule Above Referred ToExecuted this day of ........................ at ................. on behalf of the President[Rule 77(3)(b)]KNOW ALL MEN BY THESE PRESENTS that I ................. son of .................. by profession .................. at present residing at ......... (hereinafter called "the Obligor") am held and firmly bound to the President of India (hereinafter called "the Government" which expression shall where the context so admits include his successors and assigns), in the sum of Rs. ........... (Rupees ...................... only) of good and lawful money of India to be paid to Government FOR WHICH PAYMENT to be faithfully and truely made I bind myself, my heirs, executors, administrators, representatives and assigns firmly by these presents.SIGNED this day of one thousand and nine hundred and fifty______WHEREAS the sum of Rs. (Rupees only) is the full amount of compensation against verified claim of which full particulars are given in the Schedule hereunder written.AND WHEREAS the said amount of compensation is payable to minor son/daughter of aged (hereinafter referred to as "the said minor" for his share in Joint Hindu Family/his separate immovable property left in West Pakistan for which a claim was filed and assessed in her/his favour under the Displaced Persons (Claims) Act, 1950:AND WHEREAS the Government has in pursuance of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955, decided to pay the said amount of compensation to the obligor as natural guardian of the said minor subject to his entering into a bond as above written with such condition as hereunder is written:AND WHEREAS the Obligor as said guardian has agreed to enter into the above written bond.Now the condition of the above-written bond is that if the obligor shall at all times hold the said amount of compensation on behalf of and for the benefit of the said minor until the said minor attain majority and shall pay the said minor the said amount of compensation on his/her attaining majority and that if the Obligor do and shall justly and truely account, wherever called his/her-upon by the Government paid to the Obligor and on behalf of the said minor and in all things conduct himself properly (as to which the decision of the Government shall be final) and further if the Obligor shall and do from time to time and at all times hereinafter, will and sufficiently save, defend, keep harmless and indemnified the Government, the officers and the servants of the Government and each and every one of them or from and against all and all manner of action and actions, suit and suits and other legal proceedings, cases, charges, damages and expenses whatsoever which shall or may at any time or times hereafter be brought, commenced or sued by any person or persons whosoever and whatsoever against or happen or be occasioned to the Government for or account of or consequent upon payment as aforesaid to the amount of compensation aforesaid to the Obliger, THEN, the above written bond shall be void and of no effect otherwise the same shall be and remain in full force and virtue.Provided always and it is hereby expressly declared and agreed by the Obligor that in the defence and prosecution of any action, suit or other legal proceeding referred to in the foregoing clause for indemnity or maintain in virtue thereof the Government shall not be responsible or accountable to the Obligor for any act, omission or mistake in the defence or prosecution of such action, suit or other legal proceedings and that in the defence or prosecution of such action, suit or legal proceedings shall be required to do such acts and take such steps only as shall in that behalf be approved and advised by the Law Officers of the Government of India.
Above Referred To
IN WITNESS whereof the Obligor above named has hereunto set his hand this_______ day of_________ 195 .Signed by In the presence of 1 2WitnessesThe above bond is accepted. Signed by 1 21. (Signature of the Obligor), for and on behalf of the
2. (Signature of the Authorised Officer) President of India
Appendix XX[Rule 78 (b)]Know all men by these presents that I - son of - by profession at present residing at (hereinafter called "the Obligor") am held and firmly bound to the President of India (hereinafter called "the Government" which expression shall where the context so admits include his successors and assigns) in the sum of Rs. (Rupees .......... only) of good and lawful money of India to the Government for which payment to be faithfully and truely made I bind myself, my heirs, executors, administrators, representatives, and assigns firmly by these presents:Signed this day of - one thousand nine hundred and fifty......... Whereas the sum or Rs. (Rupees only) is the full amount of compensation against verified claims of which full particulars are given in the Schedule hereunder written.And Whereas the said amount of compensation is payable to - who is deaf and dumb/is suffering from physical/mental disability which renders him unfit to manage his property, for immovable property left in West Pakistan for which a claim was filed and assessed in his/her favour under the Displaced Persons (Claims) Act, 1950:-And whereas having regard to the interest of the person for whom compensation is intended the Government has in pursuance of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 decided to pay the said amount of compensation to the obligor subject to his entering into a bond as above written with such condition as hereunder is written:And whereas the Obligor as said guardian has agreed to enter into the above written bond.Now the condition of the above-written bond is that if the obligor shall at all times hold the said amount of compensation on behalf of and for the benefit of the said - who is suffering from disability ceases to exist and that if the Obligor do and shall justly and truly account, whenever called upon by the Government to do so for the amount of compensation paid to him as natural guardian of the said disabled person and shall discharge his duty as such Karta or guardian as aforesaid and in all things conduct himself properly (as to which the decision of the Government shall be final) and further if the Obligor shall and do from time to time and at all times hereafter well and sufficiently save, defend, keep harmless and indemnified the Government, the officers and the servants of the Government and each and every one of them from - against all and all manner of action and actions, suits and other legal proceedings, cases, charges, damages, and expenses whatsoever which shall or may at any times hereafter be brought, commenced or sued by any person or persons whomsoever or whatsoever against or happen or be occasioned to the Government or for, on account of or by reason of or consequent upon payment of aforesaid to the amount of compensation aforesaid to the Obligor : Then, the above written bond shall be void and of no effect otherwise the same shall be and remain in full force and provided always it is and hereby expressly declared and agreed by the Obligor that in the defence and prosecution of any action, suit or other legal proceedings referred to in the foregoing clause for indemnity or maintained in virtue thereof the Government shall not be responsible or accountable to the Obligor for any act, omission or mistake in the defence or prosecution of such action, suit or other legal proceedings and that in the defence or prosecution of such action, suit or legal proceedings shall be required to do such act and take such step only, as shall in that behalf be approved and advised by the Law Officers of the Government of India.
Above Referred To
In Witness whereof the Obligor above named has hereunder to set his hand this day of - 19Signed 1In the presence of 1 ) 2 )WitnessesThe above bond is accepted.Signed
| Signature of the obligor(Signature of authorised officer) |
for and on behalf of thePresident of India |
Appendix XXI[Rule 86(2)]ProclamationIn the Court of the Regional Settlement Commissioner/Settlement Officer ____________ No_________________ Dated________________Whereas Shri/Shrimati _____________________had applied for being substituted as legal heir(s) of Shri__________________ __ being a displaced person having verified claim(s) bearing Index No.(s) for property left in district of West Pakistan, who is reported to have died on at .2. If you have any objection to his/her being paid compensation against the said claim(s) you are required to put in your written representation personally or by registered post (acknowledgement due) so as to reach this office on or before the _________________________________ of _______________ 19.
Please quote this office number as given above in your representation.Yours faithfully,Settlement OfficerSettlement OfficerCopy to the applicant
| Name of near relations |
for Regional Commissioner |
Copy also to the near relations whose names are given above with the request that if they want to contest the application for substitution, they should appear with evidence on which they rely, in this court, on the date and time specified in the proclamation.Yours faithfully,for Regional Settlement Commissioner.Appendix XXII[Rule 90 (15)]Certificate of Sale (Free Hold Properties)This is to certify that having given the highest bid at sale by public auction held in pursuance of the powers conferred upon me under section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954) on the day of 19 of the property described in the Schedule and his bid having been accepted and the value thereof having been paid by him in cash/by adjustment of compensation due on his and his associates claims has been declared the purchaser of the said property with effect from the - day of - 19 ....The property the compensation of which has been adjusted against the value of this property was mortgaged with Shri S/o in West Pakistan and/or Shri_______________ the purchaser had obtained a debt of Rs. from Shri S/o in West Pakistan. The said mortgagee/creditor has obtained a decree for Rs. from Tribunal constituted under the Displaced Persons (Debt Adjustment) Act, 1951, the intimation of which has been received by the Chief Settlement Commissioner from the Tribunal concerned. The mortgagee/creditor would, therefore, have lien over this property to the extent of mortgage/debt of Rs. according to the provisions of the above Act until the mortgage charge/debt is satisfied or is redeemed by the mortgagor/debtor).Given under my hand and the seal of my office, this day ofSignatureName and Designation of the Officer
Schedule 7
Appendix XXIII[Rule 90 (15)]Certificate of Sale (Lease-hold Property)This is to certify that having given the highest bid at a sale by public auction held in pursuance of the powers conferred upon me under section 20 of Displaced Persons (Compensation and Rehabilitation) Act 1954, (44 of 1954) on the day of 195 of the property described in the Schedule and his bid having been accepted and the value thereof having been paid by him in cash by adjustment of compensation due on his associates claims has been declared the purchaser of the said property with effect from the day of 19. The terms and conditions on which the site will be held are specified in the lease deed appended thereto.The property the compensation of which has been adjusted against the value of this property was mortgaged with Shri S/o in West Pakistan and/or Shri ____________ the purchaser, had obtained a debt of Rs. from Shri S/o in West Pakistan. The said mortgagee/creditor has obtained a decree of Rs. , from the Tribunal constituted under the Displaced Persons (Debts Adjustment) Act, 1951, the intimation of which has been received by the Chief Settlement Commissioner from the Tribunal concerned. The mortgagee/creditor would, therefore, have a lien over this property to the extent of mortgage, charge/debt of Rs. according to the provisions of the above Act, until mortgage charge/debt is satisfied or is redeemed by mortgagee/debtor ).Given under my hand and the seal of my office, this - day of
Schedule 8
SignatureName and Designation of the OfficerAppendix XXIV[Rule 91 (8)]Deed of Conveyance in the case of Free-Hold Properties which are sold otherwise than by Public AuctionThis indenture made the day of one thousand nine hundred and between the President of India hereinafter called "the Vendor" (which expression shall unless repugnant to the context or meaning thereof include his successors and assigns) of the one part and S/o called the "Purchaser" (which expression shall unless repugnant to the context or meaning thereof be deemed to include his heirs, executors and administrators) of the other part:Whereas the Vendor is seized and possessed of the land, hereditaments and premises more particularly described in Schedule I, hereunder written.And whereas the vendor has agreed with the Purchaser for the absolute sale to him of the said land, hereditaments and premises intended to be hereby granted at or for the price of Rs. paid to the Vendor by the Purchaser ( in cash and ) by adjustment against compensation payable under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 to the Purchaser and his associates whose names are given in Schedule II hereunder written on or before the execution of these presents the receipt whereof the Vendor doth hereby admit and acknowledge, and from the same doth hereby release unto the Purchaser and whereas the said associates have agreed to the property being granted, released, conveyed and assured unto Purchaser, the Vendor doth in pursuance of rule____________ of the rules framed under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 hereby grant, release, convey and assured into the purchaser, all that piece or parcel of land, hereditaments and premises known as more particularly described in Schedule I hereunder written together with all building, commons, fences, hedges, ditches, ways, waters, watercourses, liberties, privileges, easements and appurtenance whatsoever to the said piece or parcel of land belonging or in any way appertaining or usually held or enjoyed therewith or reputed to belong or be appurtenant thereto and all the Estate, right, title, interest, claim and demand whatsoever of the Vender into and upon the said premises and every part thereof excepting and reserving to the Vendor all mines and minerals of whatsoever nature lie in or under the said premises together with full liberty at all times for the Vendor, his agents and workmen to enter upon all or any part of the said premises, to search for, make merchantable and carry away the said mines and mineral under or upon the said premises, or any adjoining land of the Vendor and to let down the surface of all or any part of the said premises and any buildings standing thereon or hereafter to be erected thereon, making fair compensation to the purchaser for damage done thereby to have and to hold the said land, hereditaments and premises hereby granted, released, conveyed and assured or expressed so to be, unto and to the use of the Purchaser subject nevertheless to the payment of such land revenue, cesses and taxes as are or may be assessed or imposed on the said premises and the Vendor doth hereby covenant with the Purchaser that he had not done anything or suffered anything to be done whereby the said premises are in any way encumbered or affected and that the purchaser shall and may at all times hereafter peaceably and quietly possess and enjoy the said land, hereditaments and premises and receive the rents and profits thereof without any lawful eviction, interruption, claim or demand whatsoever, from or by the Vendor or any person or persons lawfully or equitably claiming from , under, or in trust for him and further that the vendor and all persons lawfully or equitably, claiming any estate or interest in the said land, hereditament or premises, or any of them, or any part thereof, from, under or in trust for him the Vendor shall and will, from time to time, fixed at all times thereafter, at the request and cost of the Purchaser do or execute, or cause to be done and executed, all such acts, deeds and things whatsoever, for further and more perfectly assessing the said land, hereditament and premises, and every part thereof unto and to the use of the Purchaser, in manner aforesaid, as shall or may be reasonably required.This indenture shall be deemed to have come into force.The property the compensation of which has been adjusted against the value of the property was mortgaged with Shri S/o in West Pakistan and/or Shri the purchaser; had obtained a debt of Rs. from Shri S/o in West Pakistan. The said mortgagee/creditor has obtained a decree for Rs. from the Tribunal constituted under the Displaced Persons Debts Adjustment Act, 1951, the intimation of which has been received by the Chief Settlement Commissioner from the Tribunal concerned. The mortgage charge/creditor would therefore have a lien over this property to the extent of mortgage charge/debt of Rs._______ according to the provisions of above Act until the mortgage charge/debt is satisfied or redeemed by the mortgagor/debtor.In witness whereof the Vendor has caused on his behalf to set his hand hereon to the day of year first above written.
II
All that piece or parcel of land and/or building(s) situated at___________ containing by admeasurment or thereabout and bounded,on the North byon the South byon the East byon the West by
II
Name of the associates :-1. 2. 3. 4. 5. 6.
Signed by the saidfor and on behalf of the President of India in the presence of1. 2.
[Appendix XXIVA][Rule 91 (8)]Deed of Conveyance of Building Constructed on Lease-Hold Sites Sold Otherwise than by Public Auction.[Government built and evacuee properties in the Delhi State built on leasehold sites]This Indenture made the day of 19.between the President of India hereinafter called "the Vendor" of the one part and___________ son of of State hereinafter called "the Purchaser" of the other part.Whereas the site and the building hereinafter described is owned by the vendor in full properietory right.And Whereas the purchaser has declared that he is a displaced person;And Whereas the purchaser has taken on lease the said_______________ by lease deed dated ___________And Whereas the vendor has agreed to sell and the purchaser has agreed to buy the building fully described in Schedule I hereunder written hereinafter referred to as the said property at or for the price of Rs_______.And Whereas section 8 of the Displaced Persons Compensation and Rehabilitation Act, 1954 hereinafter referred as the Said Act provides that a Displaced Person shall be paid out of the compensation pool the amount of net compensation determined under sub-section (3) of section 7 of the Said Act as being payable to him and subject to the rules that may be made under the Said Act, the Settlement Commissioner or any other officer or authority authorised by the Chief Settlement Commissioner in this behalf may make such payment in any one of the forms mentioned therein or partly in one and partly in any other of such forms:And Whereas the purchaser has paid the sum of Rs______ being the purchase money on or before the execution of these presents the receipt whereof the vendor doth hereby admit and acknowledge and from the same doth hereby released the Purchaser/out of which the sum of Rs. has been paid in cash and the balance of Rs. by adjustment against the compensation payable under the said Act to the Purchaser and his associates whose names are given in Schedule II hereunder written and which said associates have agreed to the said property being granted, released, conveyed and assured unto the Purchaser.Now this indenture witness that for the purpose of carrying into effect the said sale and in consideration of the covenants to the purchaser hereinafter contained and the payment by the purchaser of the said sum of Rs. in the manner aforesaid the vendor doth hereby grant, convey, release and assure unto the purchaser the building described in Schedule I hereunder written with effect from ___________To have to hold the same unto and to the use of the purchaser subject to the exceptions reservations, conditions, and covenants hereinafter contained and each of them that is to say:-(1)The purchaser shall enjoy the right of possession and enjoyment so long as he conforms to the terms and conditions of the sale.(2)The purchaser shall pay all general and local taxes, rates and cesses now imposed or assessed or which may at any time hereafter be imposed or assessed on the said property by the vendor or by any other competent authority.(3)The purchaser shall not make any alteration and/or addition to the building either externally or internally without first obtaining the permission of the local authority in writing and also if called upon by the said authority, the purchaser shall submit plans, sections, elevations and specifications for the additions and/or alterations to the building, in duplicate and shall not start the work of construction unless and until the approval of the said authority has been obtained in writing.(4)The purchaser shall maintain the said property in a sanitary condition according to the directions of the local authority concerned.(5)The purchaser shall not use the said property for any purpose other than than the purpose of without the previous consent in writing of the vendor or an officer appointed by him in this behalf.(6)The vendor may by his officers and servants by at all reasonable times and in reasonable manner after 24 hours' notice in writing enter in and upon any part of the said property for the purpose of ascertaining that the purchaser has duly performed and observed the covenants and conditions to be performed and observed by him under these presents.(7)The vendor shall have full right, power and authority at all times to do, through officers or servants, all acts and things which may be necessary or expedient for the purpose of enforcing compliance with all or any of the terms, conditions and reservation herein contained and to recover from the purchaser as a first charge upon the said property the cost of doing all or any such acts and things and all costs incurred in connection therewith or in any way relating thereto.The property the compensation of which has been adjusted against the value of his property was mortgaged with Shri S/o in West Pakistan and/of Shri________________ the purchaser, and obtained a debt of Rs. from Shri S/o in West Pakistan. The said mortgagee/creditor has obtained a decree of Rs. from the Tribunal constituted under the Displaced Persons (Debts Adjustment) Act, 1951, the intimation of which has been received by the Chief Settlement Commissioner from the Tribunal concerned. The mortgagee/creditor would, therefore, have a lien over this property to the extent of mortgage charge/debt or Rs. according to the provision of the above Act until the mortgage charge/debt is satisfied or is redeemed by the mortgagor/debtor.(8)In the event of the breach or non-observance by the purchaser of any of the covenants herein on his part to be observed then in any such case notwithstanding the waiver of any previous cause or right for re-entry it shall be lawful for vendor to enter into and upon the said property or any part thereof and to repossess, retain and enjoy the same as of his former estate and the purchaser shall not be entitled to a refund of the purchase money or any part thereof or to any compensation whatsoever on account of such resumption.(9)If and so long as the purchaser shall fully perform and comply with and shall continue to so perform and comply with each and all the terms and conditions herein made and provided but not otherwise the vendor will secure the purchaser full and peaceful enjoyment of the rights and privileges herein and hereby conveyed and assured.(10)It is hereby agreed and declared that this conveyance shall in all respects be subject to the terms and covenants contained in the lease deed of the site herein-before referred to.(11)In the even of despite or any difference at any time arising between the vendor and the purchaser as to the true intent and meaning of these presents and of each and every provision thereof, the property and rights hereby reserved or any of them or in any manner incidental or relating thereto, the said dispute or difference shall be referred to the Chief Commissioner, Delhi, or his nominees whose decision thereon shall be final and binding on the parties hereto.If either party shall neglect or refuse for the space of thirty days after request in writing by the other party so to refer the matter then the other party may himself refer the matter for the decision of the Chief Commissioner, Delhi as aforesaid who may proceed as though the reference were by both parties and his decision thereon shall be final and binding on both parties.And it is hereby agreed and declared that unless different meaning appear from the context;(a)the expression "Vendor" used in the present shall include the President of India, the Government of India, the Chief Commissioner, Delhi, and in relation to any matter or anything contained in or arising out of these presents every person duly authorised to act or to represent the Government of India in respect of such matter or thing;(b)the expression "purchaser" used in these presents shall include in addition to the said____________ his lawful heirs, successors, representatives, assignees, transferees, lessees and any person or persons in occupation of the said property.In witness whereof the parties hereto have set their hand in the year above written.
I Above Referred To
All that____________ storeyed brick-built house or massuage consisting of______________ at with fixture and fittings situate the site being held on lease by an indenture of lease dated and more particularly described in the Schedule thereunder written together with all buildings, easements and appurtenance whatsoever to the said house or massuage belonging or usually held or employed therewith, or howsoever otherwise, the said house or massuage is or heretofore was called or known or should be described or distinguished.
II
..... ...... ....... ........Signed by the ______________ for and on behalf of the President of IndiaIn the presence of Signature OccupationAddress Signature Occupation AddressSigned by the said at In the presence SignatureOccupation Address Signature OccupationAddress1. To be omitted if the purchaser is a non-displaced person.
[Appendix XXV-A]Deed of conveyance in respect of properties transferred under Rule 17(4) of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955.No. __________________ dated ____________Whereas in respect of compensation payable to Shri ____________S/oShri Statement of Account No. dated has been issued against is C.A.F. being registration No2. And whereas Shri S/o has failed to utilise the amount shown in the Statement of Account issued to him within six months from 15th January, 1959/date of issue of the said statement of account.
3. And whereas by the allotment order No. dated________
issued under Rule 17(4) of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 (a copy of which is annexed hereto), the property No. more particularly described in the scheduled hereunder written which is an acquired evacuee property has been allotted to Shri S/o____________4. And whereas under section 8 of the Displaced Persons (Compensation and Rehabilitation Act, the said property may be permanently transferred to the said Shri ___________ S/o __________
5. And whereas in further pursuance of Rule 17(4) of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 the said property is intended to be permanently transferred to the said Shri _____________S/o _____________ in lieu of the un-untilised compensation payable to him and his claim to compensation to the extent of Rs. (Rupees ___________ only) will thus stand satisfied under the said Rule of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955.
The President of India (hereinafter described as the Grantor) is hereby pleased to transfer the rights, title and interest acquired by the Central Governments in the said property to the said Shri____________ (hereinafter referred to as the Grantee) and hereby grants, releases, conveys and assures upto the Transferee all that piece or parcel of land premises known as ___________ more__________ particularly described in Schedule hereunder written together with all buildings, commons, fences, hedges, ditches, ways, waters, watercourses, liberties, privileges, easements, and appurtenance whatsoever to the said piece or parcel of land belonging or in any way appertaining or usually held or enjoyed therewith or reputed to belong or be appurtenant thereto and all the estate, righttitle, interest, claim and demand whatsoever of the Grantor into and upon the said premises and every part thereof excepting and reserving to the Grantor all mines and minerals of whatever nature lie in/upon or under the said premises together with full liberty at all times for the Grantor, his agents and workmen to enter upon all or any part of the said premises or any adjoining lands of the Grantor and to let down the surface of all or any part of the said premises and any buildings standing thereon or hereafter to be erected thereon, making fair compensation to the Grantee for damage done hereby to have and to hold the said land, hereditaments and premises hereby granted, released, conveyed and assured or expressed so to be, unto and to the use of the grantee subject nevertheless to the payment of such land revenue, cesses and taxes and are or may be assessed or imposed on the said premises as the Grantee shall and may at all times hereafter peaceably and quietly possess and enjoy the said land, hereditaments and premises and receive the rent or profits thereof without any lawful eviction, interruption, claim or demand whatsoever, from or by the Grantor or any person or persons lawfully or equitably claiming from, under or in trust for him.The Stamp duty, if any, payable on this instrument shall be payable by the Central Government.
Schedule 13
All that piece or parcel of land/or buildings(s) situated at _____________________ containing by admeasurement __________________ or thereabouts and boundedon the North by ______________ on the South by_________________on the East by _______________ on the West by_________________Executed this _____________ day of __________at ________________ on behalf of the President.Appendix XXVI[Rules 95 and 96]Application of Rehabilitation GrantDescription of Properties Abandoned in West PakistanSummary of Property or Properties Abandoned.
| Serial Number |
Province/State |
Distt./Tehsil |
Town Village |
Kind of property whether residence, shop,agricultural land, housing plot, or industrial concern,
|
Estimated value of, property at the time ofabandonment
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| |
|
|
|
|
|
In case of agricultural land name of Dakli Mauza or Deh should also be givenDetailed Description(A)House, Shop, Building, Plot,(c)Nature of construction.(d)No. of storeys and number of rooms in each storey.(f)Approximate age of the building.(g)Mode of acquisition, i.e. whether purchased or inherited or constructed by the applicant. If purchased or constructed, state the cost and the time (month and year) of purchase or construction.(h)Whether assessed to any Municipal or like tax and if so the rate of tax paid or the period of which paid.(i)If let out in whole or part, state the monthly rent at the time of abandonment or any earlier date.(j)Nature and description of documentary evidence of the existence of property and applicant's title to the same.(k)Nature and extent of applicant's interest in the property. If the applicant is a co-sharer, please state the full name and address of the remaining co-sharer(s) and whether they have registered any claim for their share under the D.P Claims Act, 1950. If so, an attested copy of the assessment order given to the co-shares should be filed, If the copy of order is not available mention the registration and index No. of claim(s) in question.(B)In case of agricultural land state the following particulars:(i)Class of land (Nehri perennial, nehri, non-perennial, chahi barani, bajar, jadid/quadim, or ghairmumkin).(ii)Area (in local units which should be indicated)(iii)Area in acres, kanals, marlas ghantas.(iv)Rights held (ownership occupancy, inferior ownership, mortgage with possession etc.) with particulars of other parties and rent paid or realised.(1)State if land is under garden.(2)State if land stands in revenue records in the name of some one or other than the applicant, and if so, how applicant's title to the land is determined.(vi)Amount of annual land revenue last paid in West Pakistan in respect of agricultural land and the year for which it was paid.(vii)Estimated value of applicant's right at the time of abandonment.(C)In the case of an industrial concern state the following particulars:(i)Name of the concern and description of the work in which it was engaged.(iii)Covered area and nature of structure.(iv)Description and capacity of machinery installed. Give name of maker and year of make whenever possible.(v)Whether purchased by the applicant by himself. Give date and year of purchase or installation, as the case may be, and the name and full address of the seller and the price paid.(vi)Whether the concern was in working order at the time of abandonment.(vii)Number of men employed.(viii)Annual turnover and gross profit for the three years preceding abandonment.(ix)If the concern belonged to a partnership, give the names and addresses of the partners and the quantum of applicant's share. Also mention whether any of the other partners is a displaced person and, if so, whether has registered a claim under the Displaced Persons (Claims) Act, 1959.(x)Estimated value of the property at the time of abandonment:Land ...... ....Structure ........ .......Machinery ....... ..........Total ........ ...........(D)In the case of rehabilitation benefits obtained after arrival in India, state the following particulars:-Government or Evacuee House/Shops Buildings, etc., Occupied(i)The block/ward and Municipal quarter No. with full address:-(ii)Date of allotment and the monthly rent fixed.(iii)Arrears of rent or instalments in the case of instalment purchasers outstanding.(iv)Details of the accommodation occupied.Agricultural Land(ii)Whether quasi-permanent or temporary allotment.(iii)Particulars of grove or groves allotted.(iv)Date of allotment and acceptance.Industrial Undertakings(i)No., ward, street, town with full address.(iii)Assessed monthly rent or licence fee.(iv)Arrears of rent or license fee.Information regarding Loans(i)The date, account No. and the amount of loan taken.(ii)The kind of loan (i.e. small urban, housing, agricultural, educational and RFA) and the authority who sanctioned.(iii)Amount outstanding together with interestName and signature of the Applicant.Certificate of Verification(To be filled in by the Settlement Officer)
| For residence, shops and industrial concerns |
For Agricultural land |
| (i) Date of verification |
(i) Class of land. |
| (ii) Value assessed |
(ii) Area in acres, kanals, marlas ghanta |
| (iii) Remarks, if any, |
(iii) Assessed value in standard acres.(iv) Remarks, ifany.
|
| Date |
Signature |
| Place |
Settlement Officer |
Appendix XXVI(Form of Notice under Rule 102(2)FromShri Chief Settlement Commissioner.ToShri/Shrimati .... ............. .. ..Please take notice that in exercise of the powers delegated to me under section 24 of the Displaced Persons (Compensation and Rehabilitation Act, 1954, it is sought to revise the order of Shri____________ dated_________ 195 passed on the compensation application or hearing registration number. The mater shall come before me at on 195 .Please arrange to be present in persons through an agent (not being a legal practitioner) authorised in writing and show cause why the order of the Officer should not be varied. If no appearance is made on your behalf the decision will be taken in your absence.for Chief Settlement Commissioner.Appendix XXVII[Form of notice under Rule 107]FromShri _________________________ Settlement Commissioner.ToShri/ShrimatiPlease take notice that your Appeal/Revision Petition/Review application against the order or Shri Settlement Officer dated the passed on Compensation Application bearing Registration No. will come up for hearing before meat on the 10 A.M.If no appearance is made on your behalf by yourselves or by an agent (not being a legal practitioner) authorised in writing, the Appeal/Petition Application will be decided in your absence.Given under the hand and seal of my office this day, 195 .Regional/Settlement CommissionerAppendix XXIXGovernment of IndiaMinistry of Rehabilitation(Rule 116)Certificate of Payment Of Compensation 1955Photo of Claimant as attested at the time of payment of CompensationSeal of Settlement OfficerClaimant's signature or )Thumb impression )Signature of attesting officer )Date )Note. - (i) This card (together with the photograph returned to the payee of compensation after attestation) must be preserved and produced by him when applications are invited for payment of next instalment of compensation. This card will also be produced on demand by any Central or State Government Official.Note - (ii) He will not hereafter be entitled to any of the rehabilitation benefits ordinarily admissible to displaced persons e.g. stipends for children, loans etc. If he receives any such benefits, he will, besides forfeiting any claim to future instalments of compensation, render himself liable for such action as Government may consider necessary.Office of the Regional Settlement CommissionerNo. Dated theThe holder of this certificate was paid compensation towards satisfaction of his claim for immovable property left by him in West Pakistan and verified under the Displaced Persons (Claims) Act, 1956, as noted below:-1. Name S/o or W/o or Wd/o
3. Registration No. of application for compensation as given by Settlement Office.
4. Index No.(s) of Claim (s)
5. Total assessed value of his/her claim(s) or share
6. Particulars of Refugee Registration Card/Cenus Card surrendered :
(c)Place of issue, District and State(d)Name and designation of issuing authority(e)Names of dependents with age and relationship as mentioned in the Card:-No Name Age on Relationship(In case more dependants a slip may be pasted just below this line and entries completed on that).(f)Particulars of rehabilitation benefits received.(g)Whether owned property in India before partition:-If so; approximate value7. Amount of net Compensation paid.
(a)By demand draft/cheque on(b)By adjustment (complete details of property allotted should be given)8. Deduction made from the gross compensation:-
Designation of the officer authorised to determine and pay compensation.Appendix XXX(Rule 116)Office of the Regional Settlement CommissionerI, S/o or W/o or Wd/o have received Bank Draft No.dated for Rs. on the Reserve Bank of India__________ (station) in full payment of the amount due to me as under the Compensation Scheme.I understand that if any excess payments is made to me, I shall be liable to make good the amount when called upon to do by the Regional Settlements Commissioner.Certified that on the basis of the record I have satisfied myself as to the identity of the person entitled to receive payment and as his/her eligibility to receive Compensation and Rehabilitation Grant against a duly verified claim for Regional Settlement.This certificate is to be given only at the time of first payment of Compensation.Appendix XXXILease of the plot 'A' Type Double Storeyed Two Rooms(Applicable in the case double storeyed Government tenements in Delhi)Appendix XXXI-ALease and Conveyance deed in respect of double storeyed 'A' type Building in various Rehabilitation Colonies, Delhi.Appendix XXXI-BLease and Conveyance deeds in respect of double storeyed 'C' type building in various Rehabilitation Colonies, Delhi.Appendix XXXI-CLease and Conveyance Deed in respect of Three-Storeyed Markets in Various Rehabilitation Colonies in Delhi1. This Indenture made the day of Between the President of India (hereinafter called the Government which expression shall, unless repugnant to context or meaning thereof, include his successors and assigns) of the one part. And (hereinafter called "the said allottee" which expression shall unless repugnant to the context or meaning thereof include his heirs, executors, administrators and assigns) of the other part.
2. And whereas the Government has built a theree-storeyed building consisting of 45 Shops, 20 stalls on ground floor, 30 flats on first floor, 20 flats on second floor with a joint passage, balcony and staircase for going to the upper floors as shown in the plan annexed to these presents on plot No. situated in Khurshid Market-
3. And whereas the shops on the ground floor are called shops No.______ And flats on the first and second floor over said respective shops are called flats No. respectively.
4. And whereas the Government has agreed to transfer the said shops and flats to different right attached thereto.
5. And whereas the Government has agreed to sell and the allottee has agreed to purchase shop/flat No. and all undivided share in the brick built staircase and balcony in the said Market (as mentioned in the plan of the site).
6. And whereas in consideration of the premium of Rs. ................. (Rupees ......... only) paid by the said allottee and the ground rent reserved and agreed to be paid and the covenants of the said allottee the Government has agreed to demise the said allottee piece of land described in the Schedule (B) and shown in colour on the plan jointly with the allottee of shop/flats No. first floor flat No. second floor for a period of 99 years on the terms and conditions thereunder contained.
7. And whereas section 8 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as the "said Act") provides that a displaced person shall be paid out of the compensation pool the amount of the net compensation determined under sub-section (3) of Section 7 of the said Act as being payable to him and subject to the rules that may be made under the said Act, the Settlement Commissioner, or any other officer or Authority authorised by the Chief Settlement Commissioner in that behalf may make such payment in any of the forms mentioned therein or partly in one and partly in any other such form.
8. And whereas the said allottee of shop/flat No. has paid the total sum of Rs. (Rupees only) being the purchase price of the shop flat No. 1st floor or second floor and undivided share in the staircase situated in the building (the receipt whereof the Government doth hereby acknowledge) and from the same doth hereby release the said allottee whereof a sum of Rs. (Rupees only) has been paid in cash and the balance of Rs. (Rupees only) paid by adjustment against compensation payable under the said Act to the allottee and his associate(s) whose name(s) and extent of their shares are more precisely given in the Schedule 'C' hereunder written and who has/have given his/their consent for transfer of his/their share in favour of the allottee and accordingly his/their name(s) is/are not joined with the allottee in the present deed as laid down in Rules 90(8) of the said Act.
9. And whereas the property the compensation of which has been adjusted against the value of the shop/flat No. first staircase, balcony and passage was mortgaged to Shri son of in West Pakistan and/or the said allottee was indebted in the sum of Rs.__________ (Rupees only) to Shri__________ son of Shri in West Pakistan and the said mortgagee/creditor has obtained a decree of Rs.___________ from the Tribunal constituted under the Displaced Persons (Debt Adjustment) Act, 1951, the intimation to which has been received by the Chief Settlement Commissioner from the Tribunal concerned and the mortgagee/creditor would therefore have a charge over the said shop/flat No. __________first floor (as the case may be) and half share in the staircase to the extent of mortgagee/charge/debt of Rs. according to the Provision of the above Act until the mortgage/charge/debt is satisfied or is redeemed by the said allottee.
Now this Indenture Witnesseth that in consideration of the premises and for the purpose of carrying into effect the said sale and grant of the said lease the Government doth hereby grant, convey, release and assure unto the said allottee all that the said shop/flat and in undivided share (and other undivided share in the staircase, passage and balcony is to be granted to the purchaser or other flats on the first floor/second floor in the said building in Khurshid Market hereinafter called "the said transferred premises")To have And to Hold the said transferred premises unto and to the use of the said allottee subject to the exceptions, reservations, conditions and covenants herein contained that is to say:(1)The said allottee shall pay all general and local taxes, rates and cesses now imposed or assessed on the said transferred premises by any competent authority.(2)The said allottee shall not make any alteration and/or addition to the said transferred premises either externally or internally without first obtaining the permission of the Government in writing.(3)The said allottee shall maintain the said transferred premises in a sanitary condition to the satisfaction of the authorities concerned.(4)The said allottee shall not be use the said shop/flat No. for any purpose other than the purpose of residence/business and the said allottee shall not use the said staircase for any purpose other than the purpose of the staircase without previous consent in writing of the Government and shall not do anything which shall cause annoyance or inconvenience to the owners of upper floor allottees and or occupants of adjoining shop/flat together with only use in common with the owner of the adjoining first floor/shop flat bearing No. the staircase and a passage and the open space in front leading to the staircase and also land under the staircase shown in ____________ colour on the plan annexed hereto.(5)The Government may by its officers and servants at all reasonable time and in a reasonable manner after 24 hours notice in writing enter in and upon any part of the said transferred premises for the purpose of ascertaining that the said allottee has duly performed and observed the covenants and conditions to be performed and observed by him under these presents.(6)The Government shall have full right, power and authority at all times to do, through its officer or servants; all acts and things which may be necessary or expedient for the purpose of enforcing compliance with all or any of the terms, conditions and reservations herein contained and to recover from the said allottee as a first charge upon the said transferred premises the cost of doing all or any such act and things and all costs incurred in connection therewith in any way relating thereto.(7)The said transferred premises shall remain charged to the extent of the mortgage/charge/debt of Rs. in favour of the mortgagee/creditor according to the provisions of the Displaced Persons Debts Adjustment Act, 1951 until the mortgage/charge/debt is satisfied or is redeemed by the said allottee.And This Indenture Further witnesseth that in further consideration of the premises and the premium Rs. Rupees only paid on or before the execution of the these presents and the rent herein reserved and of the covenants on the part of the said allottee herein contained the Government doth hereby demise unto the said (jointly with the allottee/allottees of shop/flat first floor/second floor No. in the said building) all that piece or parcel of land containing by admeasurement about square yards situated in colony, more particularly described in the Schedule D hereunder written and delineated on the plan annexed to these presents and thereto coloured and the Government doth hereby further demise upto the said allottee (jointly with the allottee of shop/flat No._________ first/second floor in the said buildings) all that piece or parcel of land containing by admeasurement about square yards situated at flat No. in Colony and more particularly described in the Schedule E hereunder written and delineated on the plan annexed to those presents and thereon coloured all the said pieces of land described in Schedule D and E hereto are hereinafter called "the said demised premises" together with all rights, easements and appurtenances whatsoever to the said pieces of land belonging or in any way appertaining Excepting and Reserving upto the Government all mines, minerals, substances of every description, sand and clay in or under the demised hereby demised with full right and liberty at all times to do acts and things which may be necessary or expedient for the purpose of searching for, digging, working, obtaining, removing and enjoying the same making the said allottee reasonable compensation for all damage done, to hold the said land described in Schedule D hereunder written unto the said allottee jointly with the allottee of shop/flat No. in the said building and to hold the said land described in Schedule E hereunder written unto said allottee/jointly with the allottee of shop/flat No. first/second floor in the said building for the terms of 99 years commencing from and yielding and paying therefor the yearly ground rent at the rate of Rs. 1/- per annum per hundred square yards, or fraction thereof to be calculated separately for each of the said pieces of land described in Schedules D and E hereunder written at The State Bank of India New Delhi or at such other places as may be notified by the Government for this purpose from time to time and the said allottee doth hereby covenant in respect there;(1)from time to time and at all times during the said terms to pay and discharge all rates, taxes, charges and assessment of every description which are now or may at any time hereafter during the said terms be imposed, charged or assessed upon premises hereby demised or upon the transferred premises standing thereupon or the landlord or tenant in respect thereof;(2)not to make any excavation in the land hereby demised or remove minerals, mineral substance of any description, sand or clay from the land without consent in writing of and in accordance with the terms and the conditions prescribed by the Government;(3)at all times during the said terms to keep the said shop/flat No.________ first/second floor and staircase situated on the demise premises in good and substantial repair;(4)on the expiration or sooner determination of the said terms peaceably to yield up the demised;(5)not to make any alterations in the existing plan or elevation or any structural alterations in the building standing on the demised premises or in any part of such building without the written consent of the Government first had and obtained or permit the said building or any part thereof to be used for any purpose other than that of residence/business;(6)During the continuance of these presents to permit and allow all existing drains, water pipes, sanitary and sewage system, electric lines and connections to be maintained and used for the purpose thereof respectively.(7)(a)The ground rent will be subject to revision as provided for in (d) hereof.(b)The said allottee shall before any assignment or transfer of the said premises hereby demised or any part thereof or his share therein obtain from the Government approval in writing of the proposed assignment or transfer and all such assignees and transferees and the said allottee shall be bound by all the covenants and conditions herein contained and answerable in all respects therefor.(c)The said allottee herein may transfer his leasehold rights in the demised premises or any part thereof after obtaining the permission of the Government and the Government will not claim any unearned increment in the value of the said demised premises being the difference in the premium paid by him to the Government and the market value of the land then prevailing for permitting such transfer. In the event of any subsequent transfer of the said demised premises by the transferee the Government shall be entitled to claim and recover the unearned increment in the value of the demised premises, the amount so to be recovered being 50 per cent of the unearned increment in the value of the said demised premises. In the case of any subsequent transfer after the first transfer the Government shall have the pre-emptive right to purchase the said demised premises and all the buildings and structures standing thereon after deducting 50 per cent of the unearned increment as aforesaid.(d)The Government shall also have right to revise the annual ground rent of the demised premises at the time of any assignment or transfer of the premises hereby demised subsequent to the first transfer or assignment as aforesaid. The revised ground rent payable in such case shall be at ½ per cent of the value of the land at the time of such transfer.Provided further that in the case of any transfer or assignment subsequent to the first transfer or assignment the Government shall also have the right to revise the ground rent hereby reserved on the first day of January of the year following the year in which thirty years from the date of such subsequent transfer or assignment shall be completed and thereafter at the end of each successive period of not less than thirty years, provided that the increase in the rent fixed at each enhancement shall not at each such time exceed one half of the increase in the letting value and such letting value shall be assessed by the authority appointed by the Government for the purpose:Provided always that any such assessment of letting value of the purpose of this provision shall be subject to the same right on the part of the said allottee of appeal from the orders of the said authority within the meaning of Section 50 of the Punjab Land Revenue Act, 1887 (Act XVII of 1887) and the proceedings for or in relation to any such appeal shall be in all respects governed by the provisions of the said Act in the same manner as if the same had been taken thereunder.(e)The ground rent will be payable in advance in half yearly instalments on the 15th January, and 15th July each year. The ground rent shall be payable for the full half year for the period from the date of purchase or the grant of a lease of the site on the 15th January or 15th July next following as the case may be and shall be paid by the allottee at once at the time of such grant.8. (i) To pay the rent on the days and in the manner hereinbefore appointed for the payment thereof and also to pay all taxes, rates and assessments that now are or may hereafter during the said term be imposed upon the said land or building erected thereon or upon the Government or the said allottee is permitted sub-lease or assignee in respect thereof, under any enactment for the time being in force;
(ii)not to sub-divide the demised premises or building or stair-case and shop/flat erected thereon or any part thereof without the prior permission of the Government in writing;(iii)not to do or permit any thing in or upon the demised premises or any part hereof which may be or become nuisance or cause damage to occupants of other shop, flat in the neighbourhood(iv)to register all the changes in the possession of the demised premises whether by transfer, succession or otherwise in the register kept in the office of the Local Authority having jurisdiction in the area in which the said land is situated, the expression local authority shall include the Delhi Improvement Trust for this purpose, within one calendar month from the respective dates of such changes (and if such changes are registered in the local sub-registery under the Indian Registration Act, 1908, within one calender month from the date of registration in such sub-registry) and if the said allottee shall without sufficient cause neglect to register such change in the manner aforesaid with the lands officer appointed by the Local Authority for this purpose, the Government may impose on him for each such case of neglect a penalty not exceeding Rs. 100/- and the Government may in addition to the other remedies available to it under these presents enforce the payment of such penalties in the same manner as in the case of arrears of land revenue;(v)that all the person acting under the order of Government shall be at liberty at all reasonable times in the day time during the said terms to enter upon the said demised premises of any building that may be erected thereon for any purpose connected with these presents;(vi)with the said allottee and his successors and assignees shall on the determination of the lease on the expiry of the period of 99 years yield up the demised premises with all buildings erected thereon and the Government fixtures thereto provided that the Government shall pay to the said allottee the value of his interest in the said buildings and fixtures at the date of determination of the lease, net value to be determined in the absence of agreement of by two arbitrators, one to be appointed by each party. The provisions of the Indian Arbitration Act, 1940 and any statutory modification thereof shall apply to such arbitration. The Government may, however, renew the lease of the land after the expiry of 99 years on such terms and conditions as considered necessary by the Government;(vii)if during the period of the lease the said demised premises or any part thereof and the transferred premises thereon are required for a public purpose or for any administrative purpose by the Government shall at the expiry of a notice of 15 days to the effect that the said premises are required for such purpose to be served upon the said allottee by an officer appointed by the Government in that behalf be at liberty to possession of the said demised and transferred premises. This said allottee shall be entitled to compensation in respect of his interest in the said land, building and structures. The compensation payable under this clause shall, in case of dispute, be determined by the Government or by such Officer as he may appointed for the purpose as nearly as may be in accordance with the provisions of the Land Acquisition Act or Regulations for the time being in force in relation to the same and the decision of the Government or such officer shall be final and conclusive;(viii)any sum of money due to or claimable by the Government in respect of land hereby demised shall be recoverable by the Government as an arrears of land revenue under the provisions of the Punjab Land Revenue Act, 1887 (XVII of 1887) and any amending Act for the time being in force.II. Provided always that if any part of the rent shall be in arrears or unpaid for one calendar month next after any of the dates whereon the same shall have been paid whether the same shall have been demanded or not and if there shall have been in the opinion of the Government any breach by the said allottee or by any person claiming throughunder him/them of any of the covenants or conditions hereinbefore contained then and in such case the Government may notwithstanding the waiver of any previous cause or right of re-entry enter upon any part of the premises hereby demised or of the building thereon or part thereof in the name of the whole and thereupon the said premises and building shall remain to the use of and be vested in the Government and this demise shall absolutely determine and the said allottee shall not be entitled to any compensation whatever.III. It is hereby agreed and declared that the Conveyance of the said transferred premises shall in all respects be subject to the terms and conditions of the lease of the demised premises as herein provided this Conveyance and grant of lease by the Government shall be deemed to be a grant of transfer of land or interest therein by the Government for the purpose of the Government Grants Act, 1895 (Act XV of 1895.)