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State of Rajasthan - Section

Section 32 in Rajasthan Nazul/Devsthan Building (Disposal by Public Auction) Rules, 1967

32. Attestation by Chairman.

Form 'C'(Rule 11(1)FromThe Chairman,District Disposal Committee,.......................................ToThe Chief Secretary to theGovernment of Rajasthan,Jaipur.Subject:- Report under Rule 11 of the Rajasthan Nazul/ Devsthan Buildings (Disposal by public) Auction Rules, 1967.Sir,I have the honour to inform you that the Nazul/Devsthan Building popularly known as and located at..................was put to auction on and the highest bid offered for the building was Rs........... A meeting of the Disposal Committee has been called on to consider the offer.(25% of the purchase money amounting to Rs.................has been deposited in the Treasuiy under Challan No dated ).(10% of the purchase money offered by Shri the tenant occupying the aforesaid Nazul/Devsthan Building has been deposited in the Treasury under Challan No dated ).Yours faithfully,Chairman,..............Committee,......................................Note.- Delete the portion within brackets not applicable.Form ’D’An Agreement to be Executed by an Intending Purchaser of Nazul Building Occupying the same as a Tenant ThereofThis agreement made on the day of 19 Between the Governor of the State of Rajasthan, hereinafter called the "Government" (which expression shall whether the context so admits, include his successors and assigns) of the one part and Shri son of Resident of. at present residing at......................hereinafter called the "tenant" (which expression shall, whether the context so admits, include his heirs, executors, administrators and assigns) of the other part.Whereas the Government has through the District/Sub-Divisional Nazul/Devsthan Buildings Disposal Committee (District) put to auction Nazul/Devsthan Building known as situated at more specifically described in the Schedule hereto:And whereas the tenant has been occupying the said premises on lease since and has offered to purchase the said building at the price of Rs and has also deposited a sum equal to 10% of such price with the officer conducting the sale:And whereas the Disposal Committee has approved of the offer and conveyed its approval to the tenant under the registered notice dated........And Whereas the tenant is not in a position to pay the remaining purchase money amounting to Rs within 15 days of the receipt of the aforesaid notice of approval and desires to pay the remaining purchase money by annual installments and also agrees to mortgage the said building with the Government until the remaining price has been fully paid to Government, and the.It is hereby agreed and declared as follows:-
(1)That the tenant shall pay to the Government the purchaser the said buildings alongwith land appurtenant thereto described in the Schedule hereto To HOld some to the purchaser as absolute owner subject to the payment of such Government revenue, ceases and tax as may be assessed or imposed thereon:
(2)The vendor, hereby covenants with the purchaser as follows-
(i)The said building shall be quietly entered into and upon and held and enjoyed and the rents and profit received therefrom by the purchaser without any interruption or disturbances by the vendor or any person claiming there or under him and without any lawful disturbance or interruption by any other person whomsoever.
(ii)The vendor will at the cost of the person requiring the same execute and do every such assurance or thing necessary to further more perfectly assuring the said building to the purchaser his heirs or assigns as may reasonably be required.
(iii)The property hereby sold is free from encumbrances. And it is hereby agreed between the parties hereto that all costs and expenses incidental to the execution and registration of this deed shall be payable by the purchaser.
In witness whereof...........acting on behalf and under the authority of the vendor in this behalf and ........have signed this deed hereunder on the date and year first above written.
Signed by the purchaser.Witnesses:-1. .................2. ................. Signed by order of and on behalf of the Governor ofthe State of Rajasthan, Chairman District/Sub-DivisionalNazul/Devsthan Building Disposal.....Committee.........District.Witnesses:-1. ..................2. ..................
The Schedule Herein Referred ToAppendix "E"Mortgage Deed to be Executed by a Purchaser of Nazul Building Who had Occupied the same as a TenantThis Deed is made on the..........day of.......19....... Between Shri son of..................Resident of at....... present residing at........hereinafter referred to as the "mortgagor" (which expression shall, where the context so admits, include his heirs, executors, administrators and assigns) of the one part & the Government of the State of Rajasthan, hereinafter referred to as the "Mortgagee" (which expression shall, where the context so admits, include his successors and assigns) of the other part:Whereas the "mortgage’ has purchased a Nazul/Devsthan Building, described in the Schedule annexed hereunder (hereinafter called the "Mortgaged property"), hitherto occupied by him as a tenant thereof, from the mortgage at a public auction held under the Rajasthan Nazul/Devsthan Buildings (Disposal by public auction) Rules, 1967 through the District/Sub-Divisional Nazul/Devsthan Buildings Disposal Committee..........for Rs.....and has deposited 10% of the purchase money with the officer conducting the sale under the said Rules.And Whereas the mortgagor, not being in a position to pay the remaining purchase money immediately, has applied to the mortgagee for permission to pay the same in .............. annual installments and has also executed an agreement undertaking to pay the remaining price together with interest @ 9% per annum by annual equated installments not exceeding 9 in number the first installment falling due for payment after the expiry of one year from the date of acceptance of the officer by the aforesaid Nazul/Devsthan Buildings Disposal Committee & thereupon the said Committee has confirmed this sale in favour of the mortgagor.And whereas the mortgagor has been possession of the said premises as absolute owner from the date of such confirmation of sale and has agreed to create a security in manner hereinafter appearing for the payment of the aforesaid amount together with interest ® 9% p.a. by.........annual equated installments and the mortgagee has agreed to treat the said unpaid purchase money as a loan from the mortgagor bearing interest @ 9% p. a. secured in manner hereinafter appearing and to recover the said loan in installments here above mentioned.Now This Deed Witnesses as follows:-For the consideration aforesaid and as security for the aforesaid loan in pursuance of the said agreement, the mortgagor hereby grants and transfers by way of simple mortgage to the mortgagee ’ALL’ that property so purchased by him at the said auction sale and more particularly described in the Schedule annexed hereto together with all buildings and structures standing thereon, to the intent that in case default is made in the payment of any sum due hereunder the said property hereby mortgaged shall remain and be charged by way of simple mortgagee as security for the payment to the mortgagee the said loan and interest in accordance with the covenants hereinafter contained.In pursuance of the aforesaid agreement and in consideration of the sum of Rs due as aforesaid and payable by the mortgagor to the mortgagee in the manner hereinbefore stated, the mortgagor hereby covenants with the mortgages as follows,-
(1)The mortgagor will pay to the mortgagee the said sum of Rs..........(in words with interest @ 9% per annum in annual equal installments of Rs..........each of the principle and interest combined and on the dates specified below:-
(i) Installments Due date for payment
(i)........... ............
(ii).......... ............
(iii).......... ............
(2)If any installment specified above is not paid on the due date, the whole of the money thus remaining due shall become payable at once.
(3)During the continuance of the mortgage, the mortgagor will keep mortgaged property in good and substantial repairs and if the shall neglect to do so, the mortgagee may at his discretion recall the money due at once and realise the same by enforcement of this mortgage or otherwise.
(4)During the continuance of the mortgage the mortgagor shall keep mortgaged property insured against damage by fire or other causes and in the name of the mortgagor and the mortgage and in the sum of Rs..........with the Life Insurance Corporation of India or such other company as the mortgagee may approve and will punctually pay premium on such insurance and will produce to the mortgagee on demand the policy of such insurance and the receipt for the last premium so paid.
(5)During the continuance of the mortgage the mortgagee shall keep the mortgaged property free from all incumbrances.
(6)If the mortgagor fails to pay the principal sum hereby secured with interest thereon or any installment or part thereof hereinbefore provided, the mortgagee may forthwith enforce against the same premises or any part thereto, all or any of the remedies of the holder of a single mortgage and shall also in addition to any other remedy available to him under law, have power to sell without the intervention of a court, the mortgagee property or any part thereof for realisation of the money due to him hereunder or at its discretion as arrears of land revenue under the Rajasthan Land Revenue Act, 1956 without prejudice to other remedies available to the mortgagee.
(7)All expenses required to be incurred on stamp duty, registration etc. in connection with this deed and other documents, if any, shall be borne by the mortgagor.
(8)Except otherwise provided in this deed, any dispute or difficulty arising between the parties hereto shall be referred for arbitration to the Chief Secretary to the Government of Rajasthan and his decision shall be final and binding on the parties.In witness whereof the parties hereto have hereunder put their signatures, the date and years first above written.Signed by the mortgagor#Signed by order of and on behalf of the Governor of the State of Rajasthan.
Signed by the mortgagor Signed by order of and on behalf of the Governor ofthe State of Rajasthan.
Witnesses:— Witnesses:—
1......... 1..............
2......... 2..............
The Schedule herein referred to