Rights & Duties of Lessee

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Rights & Duties of Lessee

 

Rights of the Lessee:

 

  1. The Lessee has a right of user and possession of the property under lease.
  2. The lessee is entitled to peaceful possession free from any unreasonable or un-notified liabilities.
  3. If by fire, tempest or flood, or violence of any army, of mob or other irresistible force, any material part of the property be wholly destroyed or rendered substantially and permanently unfit for the purposes for which it was let, the lease may become void at the instance of the lessee.
  4. If the lessor neglects to make, within a reasonable time after notice, any repairs which he is bound to make to the property, the lessee may make the same himself, and deduct the expense of such repairs with interest from the rent, or otherwise recover it from the lessor;
  5. The Lessee may remove, even after the determination of the lease, all the things which he has attached to the earth, at any time while he is in possession.
  6. If during the continuance of the lease any accession is made to the property, such accession will be deemed to be comprised in the lease.
  7. Subject to any contract to the contrary, the lessee may transfer absolutely or by way of mortgage or sub-lease the whole or any part of his interest in the property and similarly, such transferee may transfer it.

 

Duties of the Lessee:

 

  1. The lessee is bound to disclose to the lessor any fact as to the nature or extent of the interest which the lessee is about to take, of which the lessee is, and the lessor is not aware, and which materially increases the value of such interest.
  2. The lessee is bound to pay or tender, at the proper time and place, the premium or rent to the lessor or his agent in this behalf.
  3. If the property needs repairs, then the lessee shall give notice to the lessor to get the repairs done within a reasonable time. If he fails to do so the lessee may get the repairs done and realize the expenses so incurred with interest from the lessor by adjusting it from rent or otherwise.
  4. If the lessor fails to make any payment in respect of the property which he is bound to make, the lessee may make the payment and realize the same with interest from the lessor.
  5. When the period of lease is not fixed, and the lease is determined by any means not being the fault of the lessee, he or his legal representative is entitled to all crops planted or sown by the lessee and growing upon the property when lease determines and free ingress and egress on the property for the said purpose.
  6. The lessee must disclose to the lessor any interest in the property which he knows and the lessor does not know and which increases the value of the property.
  7. He must also allow the lessor to visit the property and inspect the same at reasonable times. If the property has been damaged by the lessee or his agent, or servant he has to make good the defect within reasonable time after notice by the lessor.
  8. If the lessee becomes aware of any proceedings to recover the property or any part thereof or any encroachment on the property he must inform the lessor.
  9. Lessee is entitled to use the products of the property as his own, but he must not use nor permit another to use the property for any purpose other than that for which it was let out to him. He cannot:-

 

  1. fell or sell timber or;
  2. pull down or damage building;
  3. work mines or quarries; and
  4. do any other act which may damage the property.

 

  1. The lessee must not raise any permanent structure on the property except for agricultural purposes.
  2. Upon determination of the lease, the lessee must restore the property in as good condition as it was in at the time when he was put in possession, subject only to the changes caused by reasonable wear and tear.
  3. The lessee must put the lessor in possession of the property on the determination of lease.