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INDENTURE OF SUB-LEASE

THIS INDENTURE is made at Karachi, on this _______day of __________ in the year of 2016

BETWEEN
MR.RAZA ALI SOE OF MR RAZA MUHAMMAD, Muslim adult, Resident of Flat No.B-1,
2nd Floor 25-C, Zamzama Commercial Lane No.4, Phase-V, DHA Karachi, Holding CNIC No.
43502-5659852-1 hereinafter referred to as the LEASEE’ ( which expression shall wherever the
context so permits, mean and include his heirs, executors, administrators, successors and assigns)
of the ONE PART;

And

MR MUHAMMAD SHAHZAD S/O MR. MUHAMMAD ANWAR, Muslim adult, Resident of


24-C, Street No.2 Shahbaz Commercial Area, Phase VI, DHA Karachi, holding CNIC No
42301-7990935-1 hereinafter referred to as the “SUB-LESSEE” (which expression shall
wherever the context so permits mean and include his heirs, executors, administrators, successors
and assigns of the OTHER PART,

WHEREAS the lessee above named has acquired a lease hold plot of land bearing No.5-C,
Bokhari Comm. Lane No.5, Phase-VI, measuring 200 square yards, situated in Pakistan defence
officers housing authority Clifton cantonment Karachi, within the jurisdiction of defence Police
Station in the Registration District, Sub-District of Karachi, hereinafter referred to as the “SAID
LEASE HOLD PLOT OF LAND” under a lease in FORM “C” has been executed by the
President f Pakistan through Military Estates Officer Karachi Circle Karachi and Pakistan
Defence Officer Housing Authority, Karachi, in favour of Mr.Raza Ali soe of MrRaza
Muhammad which was duly registered at No.1075 Book No. I in the office of Sub-Registrar-I,
Clifton Town Karachi, Dated 19.3.2009 and M.F. Roll No. U-20804-5746, Photo-Registrar
Karachi, Dated 28.3.2009
AND WHEREAS the lessee has proposed to be construct Basement/ Shops/ Flats on the said
Plot No.5-C, Bokhari Comm. Lane No.5, Phase-VI, measuring 200 square yards, situated in
Pakistan defence officers housing authority Clifton cantonment Karachi, in accordance with the
plan duly approved b the Cantonment Board Clifton Karachi, vide their Letter No.5-C, Bokhari
Comm. Lane-5/783 dated 30thJune2007 attached herewith. The total number seven shops on the
ground floor, basement floor and eight flat vertically above from first to 4th floor and each flat
and A-Tue Flat having covered area 1035 square feet and B-Type Flat having covered area 900
square feet are to be constructed by the said Lessee. The Flats/ shops shall be allotted and Sub-
Leases to the individuals who shall be Sub-Lease of respective flats/ shops. Sub-lease of the
shops have an un-divided share upto the extent of 1/6th of 1/7th of the total area the un-divided
share upto the extent of 1/6th of the total area the sub-lease of flat shall be constructed.

AND WHEREAS the lessee has agreed to sub-lease all rights of title relating to Shop No.2, to be
constructed on Ground Floor of the Building “the shop” to the sub-lessee along with an 1/6th of
1/7thun-divided share of the plot, as shown in red colour in the plan attached hereto measuring
250 square feet of thereabouts upto which the shop to be constructed.(hereinafter called “ the
Premises”.

And whereas he sub lessee has paid to the lessee he sum of Rs. 1000/- (Rupees one thousand )
only being the full occupancy value in respect of the said share in the said sub-plot in lump sum
and in addition has paid to the lessee a sum of Rs.10/- (Rupees Ten only ) being early ground
rent in advance for the current year in respect of the said share in the said sub-plot of land, the
receipt of which the lessee doth hereby admits and acknowledge,

And whereas the sub-lessee is therefore, entitled to one upon 6th of 1/7th un-divided share of the
said plot for the un-expired period of current lease commencing from the date hereof and
expiring on 15.9.2069

NOW THIS INDENTURE WITNESSETH AS FOLLOWS:-

1. In consideration of occupancy value already and rent hereby reserved and of the
covenants by the Sub-Lessee(s) as ALL THAT one upon 6th of 1/7th un-divided share in
piece and parcel of land bearing No.5-C, Bokhari Comm. Lane No.5, Phase Vi measuring
250 sq. feet or thereabout bounded as under:-

ON THE NORTH BY : SHOP NO 6


ON THE SOUTH BY : 50’ WIDE BOKHARI COMM. LANE NO.5
ON THE EAST BY : SHOP NO.3
ON THE WEST BY : SHOP NO.1

Out of plot No.5-C, Bokhari Comm. Lane No.5, Phase-VI, measuring 200 square yards,
situated in Pakistan defence officers housing authority Clifton cantonment Karachi,
whole measuring 200 sq. yards, or thereabout as delineated upon the plan hereto annexed
and thereon colored red in the Registration District, Sub-District and District of Karachi,
the whole plot butted and bounded as follows:

ON THE NORTH BY : 40’WIDE 16TH STREET


ON THE SOUTH BY : 50’ WIDE BOKHARI COMM. LANE NO.5
ON THE EAST BY : PLOT NO.7-C
ON THE WEST BY : PLOT NO.3-C

And the premises Shop No.2 on Ground Floor is bounded on one side by Shop No.1 and
Basement below and Flats above the right to held un-divided share of said sub-plot for te
un-expired period current Lease commencing from the date hereof and expiring on
15.9.2069
EXCEPING AND RESERVING UPO THE LESSEE, at all times hereafter to right
of passage and running of water and soil, sewerage, electricity, telephone, or and other
service from the adjoining and neighboring lands and the building now erected or
thereafter to be erected thereon through sewers, drains, pipes and channels in or un the
land hereby demised and to make construction either such sewers, drains, pipes and
channels of any of them for the purpose of exercising the right of running of water and
soil yielding and paying thereafter during the said term clear yearly rent of Rs.10/-
(Rupees ten only) payable in advance every ( the Rent ) and EXCEPTING AND
RESERVING the right of the lessor in the land and covenants of the Lease dated: 18th
March 2009

II. The Sub-Lessee (s) covenants as follows:-

1. To pay to the Lessor during the term of the sub-lease hereby granted the rent on the 1st
day of Julay in each year in advance.

2. From time to time and all time during the said term to pay and discharge all rates, taxes
and assessments of every description, which are now during the said term be imposed,
charged or assessed upon the premises in accordance with the applicable legal provisions.
3. Not to cut down the timber or fruit trees or any other trees now or at any time thereafter
growing on the and aground the premises herby demised without the previous consent in
writing of the Military Estates Officer but to preserve the same in god order.
4. Not to make any excavations in the land hereby demised or removed any minerals/
mineral substance of description sand or clay from the said land without the consent in
writing of and in accordance with their terms and conditions prescribed by the Military
Estates Officer.
5. To erect and finish fit for habitation/ use on the premises hereby demised building to be
used for commercial purposes except petro pump and Cinema, together with all necessary
out houses, sewers, drains and other appurtenances in accordance with a plan or plans to
be approved in writing by the Cantonment Board under the provisions of the Cantonment
Act and not to erect or suffer to be erected on any part of the premises hereby demised
and building other than any except for commercial purposes hereby commented to be
erected without the previous consent in writing of the Government of Pakistan.
6. Not to make any alterations in the plans or elevations of the said building for commercial
purposes as aforesaid without such consent as aforesaid nor to use the same or permit the
same to be4 used for any purpose other than that of a commercial building as aforesaid.
7. At all times during the said term to keep the said building and premises in good and
substantial repair and on the expiration of sooner determination of the said term
peaceably to yield up the same in much good and substantial repair unto the Lessee.
8. Upon every assignment or transfer of the premises hereby demised or any part thereof or
within one calendar month thereafter to the Military Estate Officer, setting forth the
names and description of the parties to every such assignment or transfer and the
particulars and effect thereof.
9. To pay in addition to the rent hereby reserved to the Lessee or to any such local authority
as the Lessee may direct, all taxes, assessments, duties, charges and impositions of every
description which nor are or during the said term shall be charged, assessed or imposed
upon by any lawful authority in respect of the demised share in the sub-plot of land or
any building, erection, structure or any matter of thing thereon.
10. Without the previous permission of the Lessee obtained in writing the Sub-Lessee (s)
shall not be entitled to any right of access of light or air or any other easement to the
premises erected or to be erected by the sub—lessee on the said sub-plot of land hereby
demised which would restrict or interfere with the use of any adjoining premises or
neighboring land or building or any other purposes. Now without the like permission, the
sub-lessee (s)will have not any right, title or interest on the basement Car parking nor
access or use to the roof of the shops and flats, provided always that the Lessee shall
continue to be in absolute control of the basement Car Parking as well as the top roof the
building.
11. The lessee shall always have the right and be entitled without obtaining any consent of
making any compensation to the Sub-Lessee to deal as the Lessee to deal as the Lessee
may think fit, with and of the sand adjoining opposite or near to the said sub-plot
including the share leased out to the sub-lessee, upon which the said premises, is and
would be situated and to erect, or permit to be erected on buildings not withstanding that
such building may effect or minimize the light or air which may nor or at any time during
the term by enjoyed by the said premises or any part thereof.
12. That the said premises shall be used for Residential/ Commercial purposes only and shall
not be diverted to any other use without the previous consent in writing of the Military
Estates Officer, for breach of this conditions by the Sub-Lessee, the Lessee shall be
entitled to forfeit the Sub-Lessee, and resume the Sub-Lessee’s share in the said Sub-plot
and cancel all the arrangement in respect of the said premises and received its possession
from the Sub-Lessee(s) with the prior consent in writing of the Military Estates Office,
Karachi Circle, Karachi.
13. At any time during the said term the Sub-Lessee, shall not without the previous consent
of the Lessee, erect or suffer to be erected any structure or erections now without the like
consent of the lessee make any structural alteration or additions whatsoever in or to the
structure of the said premises any breach of this covenant by the Sub-Lessee, will render
the Sub-Lessee, liable to forfeiture and the arrangements of the said promises liable to
cancellations.
14. To pull down and remove forthwith any building erection or addition erected nor make in
contravention of provision hereinabove stated and in breach of the Sub-Lessee’s
covenants and shall immediately rectify the consequences of such breach.
15. Not to use the said premises or suffer the same to be for any business manufacture,
occupation or for any purpose or in any manner which may be issuance to the Lessee or
the occupants of adjacent premises in the neighborhood.
16. Not to carry on, or permit to be carried on, upon the said premises any business of a
licensed retailer of wines or spirits. He She\ they it shall not use any part thereof any shall
prevent all band and doubtful characters being hardboard therein or any gambling taking
place thereon.
17. To maintain proper and effective arrangement for the disposal of debris/ refines and other
waste and shall at his/her/their/its own cost the drainage system of the said premises to
the nearest common or public sewer.
18. Not to use the premises or any part thereof or suffer the same to be used for the purpose
of advertising or for display of any advertisement, poster or notice, and no signboard
shall be affixed on the exterior of the premises nor in the corridors stair doors stairway or
entrance of the building except one with the permission and approval of the Lessee.
19. To keep the said premises in clean and sanitary condition to the direction of the Lessee or
any person duly authorized by it in that behalf and in accordance with Municipal and
local regulation.
20. To permit the Lessee and its contractors, agents, servants or workman at all reasonable
time to enter upon the said premises for the purpose of ascertaining the observance of
these covenants or for maintain, testing or repairing service, main pipes, cables, drains,
sewers, whenever so deemed necessary or an accession may required.
21. Not to use or permit the use of any part of the said premises for public religious worship.
22. To install and maintain in effective use and operation such latrines and septic tanks and
adopt such measure against the commission or nuisance as may be necessary to keep the
said premises in a completely clean condition.
23. Not to interfere with and to make al provision and take all precautions against the
following electric, telephone or telegraph lines, cables and drains or sewers or any service
line communications which may at any time be upon or running through the said
premises and not to make any whole for the window or other air conditioners except to
use the existing points.
24. Subject to the above conditions the Sub-Lessee, shall be at liberty to sell, transfer or
assign his/her/their/its rights in respect of the demised premises but such transfer shall in
every case be subject to conditions to obtain such permission of premises from the Lessee
of these present provided always that the liability of the transferor shall continue until the
mutation of names in effected.
25. To comply with all the provisions lf law and to observe all the rules and regulations of
the Clifton Cantonment Board.
26. To indemnity and keep the Lessee well saved and harmless from all against every claim
or demand whatsoever arising from any act of default of the Sub-Lessee, and every suit
action or proceeding in respect of the same and keep the said premises free form legal
process.
27. To allow access and right of way along the common ways and corridors to occupant of
other premises in the same building and shall not cause obstruction the exercise by them
or their said rights or to the use by them of the common corridors, passages and
staircases.
28. Not to store in the premises or being inside the building any goods which are hazardous
combustibles objectionable by the authorities and shall not act in any manner so as to
cause nuisance or annoyance to other owners or occupant. The Sub-Lessee,(s) shall
alongwiht other owners and occupants ensure that the building are kept in first class
tenantable conditions and that scheme of the building either in respect of color scheme in
respect of construction.
29. The Sub-Lessee’s right of occupancy/ownership shall be confined to the said premises
and he/she/they its shall not claim any right of access or any other right in respect of any
other premises is partly sit on the demised premises un-divided share in the Sub-Lease
sub-plot in him/her//them/ its now shall he/she/they/ its question on that or any other
ground the right of the Lessee at deal any such other premises with any one whatsoever
not shall he/she/they/ its claim sub-lease money rent or compensation from the
owner/occupant of any such other premises on that ground.
30. The Sub-Lessee’s rights of occupancy/ownership of the said premises shall be heritable
right and shall also be attachment in execution of a decree of competent court.
31. The Sub-Lessee’(s) shall be responsible to carry out at his/her/their/its own cost all the
necessary repairs in the said premises including the repairs of the floor so as the prevent
of the roof of the premises, if any next below the said premises and shall not be entitled
to any disbursement of the expenses so incurred or any part the roof from other sub-lease
of the sub-plot owner which the said premises is situated merely on the ground of such
situation, in cases of the failure by the sub-lessee Repair resulting in damages to the
ceiling and walls of the premises next below the said premises, the sub-lessee shall be
liable to get the ceiling and walls of the premises so effected repairs and restored to its
original condition at his/her/them/its own cost.
32. In the event of damage to or demolition of the said premises may part thereof by fire,
store, earth quake, accident or any other cause the sub-lessee shall be responsible within
reasonable time to carry out the re-condition restoration to repair as the case may be at
his/her/their/its own cost of the whole structure of the said premises inclusive of the roof
except the plastering or tilling of the roof. The Lessee, however, in such a case shall not
be liable to re-construction the roof of the premises net below the said premises except
the plastering or tilling of his/her/their/its own floor. No such construction or renovation
shall be carried out without the prior approval of the competent authority or authorities of
the building plans to be submitted by the Sub-Lessee.
33. The Sub-Lessee (s) clearly understand and agree to accept therein demised as such that
the land comprising the sub-plot No. 5-C, Bokhari Comm. Lane-No.5 Phase-VI
measuring 200 sq.yards, situated in Pakistan Defence Housing Authority, Karachi
together with other adjacent sub-plots has been expressly reserved by the Lessee for
vertical construction of shops/ flats and the Lessee has obtain approval of the plans for
the same with stair cases, open spaces, corridors, sewerage and water lines, etc to be used
in common with all other sub-Lessee and owner of premises. The sub-lessee shall pay
annual rent rupees Ten Only to the Lessee in the Month of July every year.

III. The Lessee doth hereby covenants with the Sub-Lessee that on the Sub-Lessee(s) paying
the rent hereby reserved and observing and performing the terms conditions and stipulations
herein on his/her/their/its part to be observed may be peaceably hold the said premises and enjoy
his/her/their/its share in the said sub-plot and the said premises during the continuance of the
term hereby granted without any interruption or eviction by or on part of the Lessee.

a. If any part of the rent hereby reserved shall be in arrears on un-paid from one calendar
month next after any of the day 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 the
Military Estates Officer, any breach by the Sub-Lessee (s) or by any person claiming
thereon or under the Sub-Lessee (s) of any the covenants or conditions herein before
contained there and in such case the Military Estates Officer may not withstanding the
waiver of any part of the of the premises hereby declared or of the building which shall
remain to the use of and be vested in the Government and this demise shall absolutely
determine and the Sub-Lessee (s) shall not be entitled to any compensation whatsoever.
b. If or expiry of the period of Sub-Lease, the Sub-Lessee shall be desirous of renewing the
sub-lease for such further period and upon such revised terms at the Military Estate
Officer may determine on condition of his/her/their/its paying at the time of
obtaining/renewing such revised rents as may be fixed by the granting authority with a
right to fresh renewal on the expiration of each period of removal, but should the Sub-
Lessee not desire such renewal or not consent to any of the conditions imposed by
Commercial authority as aforesaid or should the Sub-Lease be forfeited on account of
breach of the conditions shall thereof as stated above, the said premises shall on such
expiration or determination of the Sub-Lease, by the absolute property of the Government
of Pakistan free from all encumbrances and without payment of any compensation
whatsoever by the lessee for or in respect of the same.
IV. any notice shall be deemed to have been sufficiently served on the sub-lessee or
the successor-in-interest if forwarded to him/her/their/its by registered post addresses to
the his/her/their/its last known address or if delivery by hand at the said premises, and a
notice sent by registered post shall be deemed to have been given at the time when in due
course of post if would be delivered at the address to which it is sent.
V. Should there has any dispute between the Lessee and the Sub-Lessee the same
shall be referred to the sole arbitration of the Military Estates Officer, Karachi, Circle,
Karachi whose decision on the part at issue shall be final and binding upon both the
parties.

SCHEDULE:
All that upon 6th of 1/7th un-divided share in Sub-Plot No5-C, Bokhari Comm. Lane-5, Phase-VI
measuring 250 sq.feet or thereabout, situated in Defence Housing Authority, Karachi, out of plot
No. 5-C, Bokhari Comm. Lane No.5 Phase VI situated in Defence Housing Authority, Clifton
Cantonment Karachi, whole measuring 200 sq.yardstogether with Premises Shop No.2 on
Ground Floor is Bounded on one side by Shop No.1 and Basement Below and Flats above,
Marked on the plan attached and the Whole Plot No.5-C, Bokhari Comm. Lane No.5, Phase-VI
which is bounded as under:-

ON THE NORTH BY : 40’WIDE 16TH STREET


ON THE SOUTH BY : 50’ WIDE BOKHARI COMM. LANE NO.5

ON THE EAST BY : PLOT NO.7-C

ON THE WEST BY : PLOT NO.3-C

Within the limits of Clifton Cantonment Karachi, in the jurisdiction of Defence Police Station
with Registration District, Sub-District and District of Karcahi.

IN WITNESS WHEREOF the parties above named have hereunto set their respective hands at
Karachi, on the Day, Month, year first above mentioned.

LESSEE:_______________________ SUB-LESSEE:______________________

MR. ALI RAZA KANA MR. MUHAMMAD SHAZAD


CNIC No.43501-5659852-1 CNIC No. 42301-7990935-1

WITNESSES:

 SIGNATURE_________________  SIGNATURE_________________
NAME:______________________ NAME:______________________
CNIC No.____________________ CNIC No.____________________

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