Lease Agreement
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LEASE AGREEMENT THIS AGREEMENT is made the 31st day of December 2001, between Mr. Rana Dilmir N.I.C. No. 323-63-962936 S/o Murad Ali, R/o Chowk Jandra, Riaz Abad Road, Qadir Pur Raan, Tehsil & District Multan (hereinafter for the sake of brevity referred to as LESSEE) of the ONE PART. AND THE TEHSIL MUNICIPAL ADMINISTRATION SADAR MULTAN through its NAZIM Makhdoom Syed Ahmad Mujtaba Gilani S/o Makhdoom Syed Alamdar Hussain Gilani (hereinafter also for the sake of brevity referred to as the LESSOR) of the OTHER PART. WHEREAS the lessee, in open auction has given the bid to get on lease the rights of collection of “Sewer Tax of Unit Qadir Pur Raan, Tehsil Saddar Multan” for a period of seven months commencing from 1.12.2001 to 30.6.2002. AND WEHREAS the lessor has accepted this offer of the lessee and has agreed to give the rights of the collection of Sewer Tax of Unit Qadir Pur Raan, Tehsil Saddar Multan to lessee for the said term. NOW, THEREFORE, THIS AGREEMENT WITNESSES as follows: -
1.
That the period of the lease for collection of tax on the transfer of immovable property is seven months commencing from 1.12.2001 till 30.6.2002.
2.
That amount of lease is Rs. 92,000/- (ninety two thousand rupees only). Out of which the lessee has paid 1/5 share amounting to Rs. 18,400/-. The rest of lease money is divided into five equal shares, which the lessee shall pay in monthly installments on the 5th day of every month and in case of holidays, on the first working day. As such the first installment was due before taking over the charge and last installment will be paid on 5th day of April 2002. After adjusting his earnest money in the 1/5 share 2% security and first installment, the lessee has cleared his dues of first installment amounting to Rs. 14,720/- (fourteen thousand, seven hundred and twenty rupees only).
3.
That the lessee shall pay the monthly installments on due date without any fail. If he does not do so then his lessee-ship will be cancelled forthwith at his risk and cost and his whole paid money will be forfeited.
4.
That the lessee has paid 2% security amounting to Rs. 1,840/-. It will remain deposited upto six months after the expiry of the lease period and will be refunded after the clearance of all sorts of dues etc.
5.
That according to the terms and conditions of auction, the lessee will have to pay Income Tax to the lessor at the rate of 5%. Now, the new policy of Income Tax Department is not clear, therefore, the lessor has called clarification from the said department. The lessee has undertaken that he will follow the Income Tax policy/rules in its letter and spirits.
6.
That the lessee will follow and act upon the Punjab Local Council Lease Rules 1990 and all other legal provisions, rules, notifications & instructions issued or will be issued by the Govt. or the lessor.
7.
That the lessee shall charge Sewer Tax of Unit Qadir Pur Raan, Tehsil Saddar Multan according to notified schedule rate. If he overcharges or extorts money, from the tax payers, then according to Rule 8 (2) of Lease Rules, he shall have to refund the overcharged amount with eleven times penalty. The Tehsil Municipal Officer/Tehsil Officer Regulation will decide the complaint/appeal and impose the penalty. The lessee may challenge this order before the Nazim by filing appeal under rule 8 (3) of the lease rules.
8.
That the lessee may collect Sewer Tax of Unit Qadir Pur Raan, Tehsil Saddar Multan either by himself or through his agents
and the lessor will not provide any staff for this purpose. If the lessor appoints a staff, then the lessee shall have to pay their monthly salaries along-with all kind of emoluments, pension funds, leave salaries and all kind of benefits which the Govt. has granted or will grant afterwards. 9.
That if the rate of the fee is increased, then the amount of lease will be enhanced at the same ratio and the lessee shall pay the installments at the enhanced rate without fail.
10.
That if the rate of fee/tax is decreased or it is abolished or exemption is given on certain items, then the lessee shall follow the same, he will not claim any kind of relief or relaxation in the lease money.
11.
That the lessee will use the prescribed books of receipts and other stationery which he will purchase from the lessor. These books and other stationery are the property of the lessor and the lessee will return those used or unused books etc. after the expiry of lease period. If the lessee uses his self-printed receipts then that will be considered as forged documents and penal action will be taken against him.
12.
That during the lease period, if the Govt. or lessor issue instructions, notifications, rules in this regard, the lessee will be bound to obey and follow the same.
13.
That in case of any dispute regarding lessee-ship, the parties will get it resolved from the Arbitrator. The worthy District Coordination Officer Multan is the sole arbitrator, his decision will be final and it can not be challenged before any forum.
14.
That all the clauses of the terms and condition of auction are part and parcel of this agreement and have binding effect upon the parties.
15.
That in any case the litigation is started between the parties, or with third person then the lessee will be bound to bear all kinds of expenses including legal fee etc. of the lessor.
16.
That if the lessee violates or disobeys any clause of this agreement, then this lease will be cancelled at his risk and cost; and his whole deposited amount will be forfeited. The lessor may re-auction the lease or will collect the fee through his staff. In such a situation if the lessor suffers any kind of loss then the lessee shall have to pay the same to the lessor. If he does not do so, then that loss will be recovered from the
lessee, his property, guarantor and his property as arrears of land revenue or through any other prevalent legal method. 17.
That lease period will come to an end between the night of 30.6.2002 and 1.7.2002 at 12 o’ clock. The lessee shall hand over the possession to the lessor at once without any fail. If, in any manner, he gets extended the period and does not hand over the charge, then he shall have to pay the total lease money along-with three times penalty of the total lease amount.
18.
That if any kind of dispute arises between the parties and matter is referred to the Arbitrator or lessee goes to any court of law or any other forum, he cannot stop the payment of
monthly installments in any manner. If he does so the penal action will be taken against him. 19.
That if due to any cause, the lease is cancelled, then within reasonable time, on the application of the lessee the lessor is empowered to restore the lease after imposing some reasonable penalty.
20.
That the lessee will maintain the record on the prescribed books. The Nazim, Tehsil Municipal Officer, Tehsil Officer Regulations and any person authorised by the Nazmim may visit the spot, check the record to stop overcharging and illegal acts of the lessee and the staff of the lessor. At their report, penal action under law of the Land may be taken against the culprits. IN WITNESS WHEREOF Mr. Abdul Ghaffar, the lessee and Makhdoom Syed Ahmad Mujtaba Gilani, the Nazim for and on behalf of the said Tehsil Municipal Administration, Sadar Multan, hereto at Multan signed the day and year first above written. Note: -
The contents of the agreement are read over to the parties. They and witnesses after accepting
the same, have put their signatures/thumb impressions on this document. Witnesses: -
LESSEE
1.
Mr. Abdul Ghaffar
Jam Sajjad Husain Tehsil Officer (R)
_____________________
______________ 2.
Muhammad Riaz Hussain Baloch
LESSOR Makhdoom Syed Ahmad Mutaba Gilani
Tax Clerk
______________________
______________ Scribed by: Syed Muhammad Afaq Shah, Advocate High Court, 93-District Courts, Multan. Schedule of Sewer Tax of Unit Qadir Pur Raan, Tehsil Saddar Multan.
Schedule Rate is as follows: 1.
House Sewer:
Rs. 20/- per month
2.
House Main hole:
Rs. 40/- per month
3.
Mill/Factory/Cold Storage/ Ice Factory:
Rs. 300/- per month
4.
Motor Service Station:
Rs. 500/- per month
5.
Tanneries:
Rs. 300/- per month
6.
Soda Factory:
Rs. 200/- per month
7.
Hotel/Private Hospital:
Rs. 100/- per month
8.
Private Office:
Rs. 100/- per month
9.
Sweet Shop/Restaurant/Barbar:
Rs. 50/- per month
10.
Flour (Aata) Chakki (Engine):
Rs. 100/- per month
Tehsil Nazim, Tehsil Municipal Administration, Saddar Multan.
LEASE AGREEMENT THIS AGREEMENT is made the 19th day of February 2002, between Mr. Muhammad Ashraf N.I.C. No. 321-59-077215 S/o Wali Muhammad, R/o Kot Sher Singh, Post Office Kot Radha Kishan, Tehsil & District Qasoor, (hereinafter for the sake of brevity referred to as LESSEE) of the ONE PART. AND THE TEHSIL MUNICIPAL ADMINISTRATION SADAR MULTAN through its NAZIM Makhdoom Syed Ahmad Mujtaba Gilani S/o Makhdoom Syed Alamdar Hussain Gilani (hereinafter also for the sake of brevity referred to as the LESSOR) of the OTHER PART. WHEREAS the lessee, in open auction has given the bid to get on lease the rights of collection of “Mutafariq License Fee, Tehsil Municipal Multan Saddar” for a period of seven months commencing from 1.12.2001 to 30.6.2002. AND WEHREAS the lessor has accepted this offer of the lessee and has agreed to give the rights of the collection of Mutafariq License fee of the Tehsil Municipal Multan Saddar to lease for the said term. NOW, THEREFORE, THIS AGREEMENT WITNESSES as follows: -
1.
That the period of the lease for collection of Mutafariq License Fee is seven months commencing from 1.12.2001 till 30.6.2002.
2.
That amount of lease is Rs. 521,000/-. This lease money has been divided into three equal shares. According to the terms and conditions of auction, the lessee had to pay the first installment before taking over the charge and other two installments were to be paid on 1st of January and on 1st of February 2002. The lessee has paid the first installment before taking over the lease. Because the lessor has given the work order on 24.1.2002, therefore, on the application of the lessee, the House has changed the dates for the payment of last two installments. Now as per decision of the House, the lessee shall pay the second installment on 20.2.2002 and third and last installment on 20.3.2002 and in case of holiday, on the first working day.
3.
That the lessee shall pay the monthly installments on due dates without any fail. If he does not do so then his lessee-ship will be cancelled forthwith at his risk and cost and his whole paid money will be forfeited.
4.
That after adjustment of earnest money into 2% security amounting to Rs. 10,420/- his remaining earnest money amounting to Rs. 89,540/- will be adjusted in his last
installment. The security will remain deposited upto six months after the expiry of the lease period and will be refunded after the clearance of all sorts of dues etc. 5.
That according to the terms and conditions of auction, the lessee is bound to pay the Income Tax to the lessor at the rate of 5%. Now, the new policy of Income Tax Department is not clear, therefore, the lessor has called clarification from the said department. The lessee has undertaken that he will follow the Income Tax policy/rules in its letter and spirits.
6.
That the lessee will follow and act upon the Punjab Local Council Lease Rules 1990 and all other legal provisions, rules, notifications & instructions issued or will be issued by the Govt. or the lessor.
7.
That the lessee will collect the Mutafariq License fee according to the notified schedule rate. If he overcharges or extorts money, from the tax payers, then according to Rule 8 (2) of Lease Rules, he shall have to refund the overcharged amount with eleven times penalty. The Tehsil Municipal Officer/Tehsil
Officer
Regulation
will
decide
the
complaint/appeal and impose the penalty. The lessee may challenge this order before the Nazim by filing appeal under rule 8 (3) of the lease rules. For this purpose, the lessee has
deposited an amount of Rs. 10,000/- (ten thousand rupees) as security for the payment of refund claims. He will keep this amount intact till final disposal of refund claims. This refund security amount will remain with the lessor six months after the expiry of lease period. 8.
That the lessee may collect Mutafariq License fee either by himself or through his agents. The lessor shall not provide him any staff for this purpose. If the lessor appoints some staff, then the lessee shall have to pay their monthly salaries, all kind of emoluments, pension funds, leave salaries and all kind of benefits which the Govt. has granted or will grant afterwards.
9.
That if the rate of the fee is increased, then the amount of lease will be enhanced at the same ratio and the lessee shall pay the installments at the enhanced rate without fail.
10.
That if the rate of fee is decreased or it is abolished totally or on certain items, then the lessee will not claim any kind of relief or relaxation in the lease money.
11.
That the lessee will use the prescribed books of receipts and other stationery which he will purchase from the lessor. These
books and other stationery are the property of the lessor and the lessee will return those used or unused books etc. after the expiry of lease period. If the lessee uses his self-printed receipts then that will be considered as forged documents and penal action will be taken against him. 12.
That in case of calamity, disturbance, disaster, law and order situation due to nature, war, strikes, political or any other cause, the lessee suffers any loss, he will not be entitled to claim any kind of rebate, relaxation from the lessor in the lease money or terms and conditions of the lease.
13.
That in case of any dispute regarding lesseeship, the parties will get it resolved from the Arbitrator. The worthy District Coordination Officer Multan is the sole arbitrator, his decision will be final and it can not be challenged before any forum.
14.
That all the clauses of the terms and condition of auction are part and parcel of this agreement and have binding effect upon the parties.
15.
That in any case the litigation is started between the parties, or with third person then the lessee will be bound to bear all kinds of expenses including legal fee etc. of the lessor.
16.
That lease period will come to an end between the night of 30.6.2002 and 1.7.2002 at 12 o’ clock. The lessee shall hand over the possession to the lessor at once without any fail. If, in any manner, he gets extended the period and does not hand over the charge, then he shall have to pay the total lease money along-with three times penalty of the total lease amount.
17.
That if any kind of dispute arises between the parties and matter is referred to the Arbitrator or lessee goes to any court of law or any other forum, he shall not stop the payment of monthly installments in any manner. If he does so the penal action will be taken against him.
18.
That the lessee will prepare his record of collection of fee on the prescribed books. The lessor, Tehsil Municipal Officer, Tehsil Officer Regulations and any person authorised for the purpose may inspect the record at any time during working hours.
19.
That if the lessee violates or disobeys any clause of this agreement, then this lease will be cancelled at his risk and cost; and his whole deposited amount will be forfeited. The lessor may re-auction the lease or will collect the fee through his staff. In such a situation if the lessor suffers any kind of loss then the lessee shall have to pay the same to the lessor. If he does not do so, then that loss will be recovered from the lessee, his property, guarantor and his property as arrears of land revenue or through any other prevalent legal method. The lessee and his legal heirs are bound to follow this agreement and it has same effect upon the legal heirs of the lessee as it has effect on the lessee himself.
20.
That if due to any cause, the lease is cancelled, then within reasonable time, on the application of the lessee the lessor is
empowered to restore the lease after imposing some reasonable penalty. IN WITNESS WHEREOF Mr. Muhammad Ashraf, the lessee and Makhdoom Syed Ahmad Mujtaba Gilani, the Nazim for and on behalf of the said Tehsil Municipal Administration, Sadar Multan, hereto at Multan signed the day and year first above written. Note: -
The contents of the agreement are read over to the parties. They and witnesses after accepting the same, have put their signatures/thumb impressions on this document.
LESSOR
LESSEE
Makhdoom Syed Ahmad Mutaba Gilani
Mr.
Muhammad
Ashraf _____________________
______________
Witnesses: 1. Jam Sajjad Husain
2. Muhammad Riaz Hussain Baloch
Tehsil Officer (R)
Tax Clerk
______________
______________
Scribed by: Syed Muhammad Afaq Shah, Advocate High Court, 93-District Courts, Multan.
1.
That the period of the lease for collection of tax on the transfer of immovable property is seven months commencing from 1.12.2001 till 30.6.2002.
2.
That amount of lease is Rs. 92,000/- (ninety two thousand rupees only). Out of which the lessee has paid 1/5 share amounting to Rs. 18,400/-. The rest of lease money is divided into five equal shares, which the lessee shall pay in monthly installments on the 5th day of every month and in case of holidays, on the first working day. As such the first installment was due before taking over the charge and last installment will be paid on 5th day of April 2002. After adjusting his earnest money in the 1/5 share 2% security and first installment, the lessee has cleared his dues of first installment amounting to Rs. 14,720/- (fourteen thousand, seven hundred and twenty rupees only).
3.
That the lessee shall pay the monthly installments on due date without any fail. If he does not do so then his lessee-ship will be cancelled forthwith at his risk and cost and his whole paid money will be forfeited.
4.
That the lessee has paid 2% security amounting to Rs. 1,840/-. It will remain deposited upto six months after the expiry of the lease period and will be refunded after the clearance of all sorts of dues etc.
5.
That according to the terms and conditions of auction, the lessee will have to pay Income Tax to the lessor at the rate of 5%. Now, the new policy of Income Tax Department is not clear, therefore, the lessor has called clarification from the said department. The lessee has undertaken that he will follow the Income Tax policy/rules in its letter and spirits.
6.
That the lessee will follow and act upon the Punjab Local Council Lease Rules 1990 and all other legal provisions, rules, notifications & instructions issued or will be issued by the Govt. or the lessor.
7.
That the lessee shall charge Sewer Tax of Unit Qadir Pur Raan, Tehsil Saddar Multan according to notified schedule rate. If he overcharges or extorts money, from the tax payers, then according to Rule 8 (2) of Lease Rules, he shall have to refund the overcharged amount with eleven times penalty. The Tehsil Municipal Officer/Tehsil Officer Regulation will decide the complaint/appeal and impose the penalty. The lessee may challenge this order before the Nazim by filing appeal under rule 8 (3) of the lease rules.
8.
That the lessee may collect Sewer Tax of Unit Qadir Pur Raan, Tehsil Saddar Multan either by himself or through his agents
and the lessor will not provide any staff for this purpose. If the lessor appoints a staff, then the lessee shall have to pay their monthly salaries along-with all kind of emoluments, pension funds, leave salaries and all kind of benefits which the Govt. has granted or will grant afterwards. 9.
That if the rate of the fee is increased, then the amount of lease will be enhanced at the same ratio and the lessee shall pay the installments at the enhanced rate without fail.
10.
That if the rate of fee/tax is decreased or it is abolished or exemption is given on certain items, then the lessee shall follow the same, he will not claim any kind of relief or relaxation in the lease money.
11.
That the lessee will use the prescribed books of receipts and other stationery which he will purchase from the lessor. These books and other stationery are the property of the lessor and the lessee will return those used or unused books etc. after the expiry of lease period. If the lessee uses his self-printed receipts then that will be considered as forged documents and penal action will be taken against him.
12.
That during the lease period, if the Govt. or lessor issue instructions, notifications, rules in this regard, the lessee will be bound to obey and follow the same.
13.
That in case of any dispute regarding lessee-ship, the parties will get it resolved from the Arbitrator. The worthy District Coordination Officer Multan is the sole arbitrator, his decision will be final and it can not be challenged before any forum.
14.
That all the clauses of the terms and condition of auction are part and parcel of this agreement and have binding effect upon the parties.
15.
That in any case the litigation is started between the parties, or with third person then the lessee will be bound to bear all kinds of expenses including legal fee etc. of the lessor.
16.
That if the lessee violates or disobeys any clause of this agreement, then this lease will be cancelled at his risk and cost; and his whole deposited amount will be forfeited. The lessor may re-auction the lease or will collect the fee through his staff. In such a situation if the lessor suffers any kind of loss then the lessee shall have to pay the same to the lessor. If he does not do so, then that loss will be recovered from the
lessee, his property, guarantor and his property as arrears of land revenue or through any other prevalent legal method. 17.
That lease period will come to an end between the night of 30.6.2002 and 1.7.2002 at 12 o’ clock. The lessee shall hand over the possession to the lessor at once without any fail. If, in any manner, he gets extended the period and does not hand over the charge, then he shall have to pay the total lease money along-with three times penalty of the total lease amount.
18.
That if any kind of dispute arises between the parties and matter is referred to the Arbitrator or lessee goes to any court of law or any other forum, he cannot stop the payment of
monthly installments in any manner. If he does so the penal action will be taken against him. 19.
That if due to any cause, the lease is cancelled, then within reasonable time, on the application of the lessee the lessor is empowered to restore the lease after imposing some reasonable penalty.
20.
That the lessee will maintain the record on the prescribed books. The Nazim, Tehsil Municipal Officer, Tehsil Officer Regulations and any person authorised by the Nazmim may visit the spot, check the record to stop overcharging and illegal acts of the lessee and the staff of the lessor. At their report, penal action under law of the Land may be taken against the culprits. IN WITNESS WHEREOF Mr. Abdul Ghaffar, the lessee and Makhdoom Syed Ahmad Mujtaba Gilani, the Nazim for and on behalf of the said Tehsil Municipal Administration, Sadar Multan, hereto at Multan signed the day and year first above written. Note: -
The contents of the agreement are read over to the parties. They and witnesses after accepting
the same, have put their signatures/thumb impressions on this document. Witnesses: -
LESSEE
1.
Mr. Abdul Ghaffar
Jam Sajjad Husain Tehsil Officer (R)
_____________________
______________ 2.
Muhammad Riaz Hussain Baloch
LESSOR Makhdoom Syed Ahmad Mutaba Gilani
Tax Clerk
______________________
______________ Scribed by: Syed Muhammad Afaq Shah, Advocate High Court, 93-District Courts, Multan. Schedule of Sewer Tax of Unit Qadir Pur Raan, Tehsil Saddar Multan.
Schedule Rate is as follows: 1.
House Sewer:
Rs. 20/- per month
2.
House Main hole:
Rs. 40/- per month
3.
Mill/Factory/Cold Storage/ Ice Factory:
Rs. 300/- per month
4.
Motor Service Station:
Rs. 500/- per month
5.
Tanneries:
Rs. 300/- per month
6.
Soda Factory:
Rs. 200/- per month
7.
Hotel/Private Hospital:
Rs. 100/- per month
8.
Private Office:
Rs. 100/- per month
9.
Sweet Shop/Restaurant/Barbar:
Rs. 50/- per month
10.
Flour (Aata) Chakki (Engine):
Rs. 100/- per month
Tehsil Nazim, Tehsil Municipal Administration, Saddar Multan.
LEASE AGREEMENT THIS AGREEMENT is made the 19th day of February 2002, between Mr. Muhammad Ashraf N.I.C. No. 321-59-077215 S/o Wali Muhammad, R/o Kot Sher Singh, Post Office Kot Radha Kishan, Tehsil & District Qasoor, (hereinafter for the sake of brevity referred to as LESSEE) of the ONE PART. AND THE TEHSIL MUNICIPAL ADMINISTRATION SADAR MULTAN through its NAZIM Makhdoom Syed Ahmad Mujtaba Gilani S/o Makhdoom Syed Alamdar Hussain Gilani (hereinafter also for the sake of brevity referred to as the LESSOR) of the OTHER PART. WHEREAS the lessee, in open auction has given the bid to get on lease the rights of collection of “Mutafariq License Fee, Tehsil Municipal Multan Saddar” for a period of seven months commencing from 1.12.2001 to 30.6.2002. AND WEHREAS the lessor has accepted this offer of the lessee and has agreed to give the rights of the collection of Mutafariq License fee of the Tehsil Municipal Multan Saddar to lease for the said term. NOW, THEREFORE, THIS AGREEMENT WITNESSES as follows: -
1.
That the period of the lease for collection of Mutafariq License Fee is seven months commencing from 1.12.2001 till 30.6.2002.
2.
That amount of lease is Rs. 521,000/-. This lease money has been divided into three equal shares. According to the terms and conditions of auction, the lessee had to pay the first installment before taking over the charge and other two installments were to be paid on 1st of January and on 1st of February 2002. The lessee has paid the first installment before taking over the lease. Because the lessor has given the work order on 24.1.2002, therefore, on the application of the lessee, the House has changed the dates for the payment of last two installments. Now as per decision of the House, the lessee shall pay the second installment on 20.2.2002 and third and last installment on 20.3.2002 and in case of holiday, on the first working day.
3.
That the lessee shall pay the monthly installments on due dates without any fail. If he does not do so then his lessee-ship will be cancelled forthwith at his risk and cost and his whole paid money will be forfeited.
4.
That after adjustment of earnest money into 2% security amounting to Rs. 10,420/- his remaining earnest money amounting to Rs. 89,540/- will be adjusted in his last
installment. The security will remain deposited upto six months after the expiry of the lease period and will be refunded after the clearance of all sorts of dues etc. 5.
That according to the terms and conditions of auction, the lessee is bound to pay the Income Tax to the lessor at the rate of 5%. Now, the new policy of Income Tax Department is not clear, therefore, the lessor has called clarification from the said department. The lessee has undertaken that he will follow the Income Tax policy/rules in its letter and spirits.
6.
That the lessee will follow and act upon the Punjab Local Council Lease Rules 1990 and all other legal provisions, rules, notifications & instructions issued or will be issued by the Govt. or the lessor.
7.
That the lessee will collect the Mutafariq License fee according to the notified schedule rate. If he overcharges or extorts money, from the tax payers, then according to Rule 8 (2) of Lease Rules, he shall have to refund the overcharged amount with eleven times penalty. The Tehsil Municipal Officer/Tehsil
Officer
Regulation
will
decide
the
complaint/appeal and impose the penalty. The lessee may challenge this order before the Nazim by filing appeal under rule 8 (3) of the lease rules. For this purpose, the lessee has
deposited an amount of Rs. 10,000/- (ten thousand rupees) as security for the payment of refund claims. He will keep this amount intact till final disposal of refund claims. This refund security amount will remain with the lessor six months after the expiry of lease period. 8.
That the lessee may collect Mutafariq License fee either by himself or through his agents. The lessor shall not provide him any staff for this purpose. If the lessor appoints some staff, then the lessee shall have to pay their monthly salaries, all kind of emoluments, pension funds, leave salaries and all kind of benefits which the Govt. has granted or will grant afterwards.
9.
That if the rate of the fee is increased, then the amount of lease will be enhanced at the same ratio and the lessee shall pay the installments at the enhanced rate without fail.
10.
That if the rate of fee is decreased or it is abolished totally or on certain items, then the lessee will not claim any kind of relief or relaxation in the lease money.
11.
That the lessee will use the prescribed books of receipts and other stationery which he will purchase from the lessor. These
books and other stationery are the property of the lessor and the lessee will return those used or unused books etc. after the expiry of lease period. If the lessee uses his self-printed receipts then that will be considered as forged documents and penal action will be taken against him. 12.
That in case of calamity, disturbance, disaster, law and order situation due to nature, war, strikes, political or any other cause, the lessee suffers any loss, he will not be entitled to claim any kind of rebate, relaxation from the lessor in the lease money or terms and conditions of the lease.
13.
That in case of any dispute regarding lesseeship, the parties will get it resolved from the Arbitrator. The worthy District Coordination Officer Multan is the sole arbitrator, his decision will be final and it can not be challenged before any forum.
14.
That all the clauses of the terms and condition of auction are part and parcel of this agreement and have binding effect upon the parties.
15.
That in any case the litigation is started between the parties, or with third person then the lessee will be bound to bear all kinds of expenses including legal fee etc. of the lessor.
16.
That lease period will come to an end between the night of 30.6.2002 and 1.7.2002 at 12 o’ clock. The lessee shall hand over the possession to the lessor at once without any fail. If, in any manner, he gets extended the period and does not hand over the charge, then he shall have to pay the total lease money along-with three times penalty of the total lease amount.
17.
That if any kind of dispute arises between the parties and matter is referred to the Arbitrator or lessee goes to any court of law or any other forum, he shall not stop the payment of monthly installments in any manner. If he does so the penal action will be taken against him.
18.
That the lessee will prepare his record of collection of fee on the prescribed books. The lessor, Tehsil Municipal Officer, Tehsil Officer Regulations and any person authorised for the purpose may inspect the record at any time during working hours.
19.
That if the lessee violates or disobeys any clause of this agreement, then this lease will be cancelled at his risk and cost; and his whole deposited amount will be forfeited. The lessor may re-auction the lease or will collect the fee through his staff. In such a situation if the lessor suffers any kind of loss then the lessee shall have to pay the same to the lessor. If he does not do so, then that loss will be recovered from the lessee, his property, guarantor and his property as arrears of land revenue or through any other prevalent legal method. The lessee and his legal heirs are bound to follow this agreement and it has same effect upon the legal heirs of the lessee as it has effect on the lessee himself.
20.
That if due to any cause, the lease is cancelled, then within reasonable time, on the application of the lessee the lessor is
empowered to restore the lease after imposing some reasonable penalty. IN WITNESS WHEREOF Mr. Muhammad Ashraf, the lessee and Makhdoom Syed Ahmad Mujtaba Gilani, the Nazim for and on behalf of the said Tehsil Municipal Administration, Sadar Multan, hereto at Multan signed the day and year first above written. Note: -
The contents of the agreement are read over to the parties. They and witnesses after accepting the same, have put their signatures/thumb impressions on this document.
LESSOR
LESSEE
Makhdoom Syed Ahmad Mutaba Gilani
Mr.
Muhammad
Ashraf _____________________
______________
Witnesses: 1. Jam Sajjad Husain
2. Muhammad Riaz Hussain Baloch
Tehsil Officer (R)
Tax Clerk
______________
______________
Scribed by: Syed Muhammad Afaq Shah, Advocate High Court, 93-District Courts, Multan.
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