# building up to three storeys may be thought of

- **Citation:** C.L. No. 87/lXg-36
- **Court:** Allahabad High Court
- **Decided:** 1975-07-07
- **Case number:** C.L. No. 87/lXg-36
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/building-up-to-three-storeys-may-be-thought-of-162469
- **Pages:** 4

## Text

257
Association may either spend the money from its own sources or by collecting
contribution from its members or other lawyers. If there is lack of space a multi-storeyed
building up to three storeys may be thought of.
In this connection it may also be considered whether existing sites occupied by
temporary sheds of structures of lawyers can be utilised after their demolition.
The Bar Association will have to maintain the buildings and pay local taxes.
The fee for each chamber will be Re.1/-per year. The lawyers will have no right,
title or interest in the chamber except to use it for professional purposes during their life.
On their leaving the profession or dying, the chamber will revert to the Bar Association.
If any proposal in this respect fructifies, please send it to this Court with a site plan
showing the existing government or non- government buildings and the site proposed to
be given to the Bar Association and also a plan of the building which is proposed to be
constructed and the time within which the Bar Association is agreeable to complete the
constructions. The other usual terms on which the lease of the land will be given to the
Bar Association may also be indicated.
It should be the endeavour that the Bar Associations make buildings which, by and
large, enable all the practising lawyers in that court to have a seat in the chambers so
built.
C.L. No. 87/lXg-36 dated 7th July, 1975
No land should be allotted either to the Bar Association or to individual lawyers
without first referring the matter to the Court for its approval. In no case grant of land to
individual lawyers be considered. The procedure laid down for such allotments should be
strictly followed.
(ii) Execution of lease
C.L. No. 70/IXg-25 dated 27th October, 1950
The occupation of a government building, whether on payment of rent or free of
rent, without execution of a formal lease is not in accordance with government orders.
Necessary steps should be taken for the execution of a lease by the Bar Association if no
lease has been executed by the Bar Association for their buildings and premises if
standing on government land. It should be clearly provided in the lease that the premises
and the building of the Bar Association will not be used by the legal practitioner for any
purpose other than that connected with their practice in the civil, criminal and revenue
courts.
If a Bar Association has executed a lease or a deed of agreement not containing a
clause on the lines mentioned above steps should be taken to have such a clause
incorporated at the time of the renewal of the lease.
C.L. No. 9/2Y-1977 dated 16th January, 1978
In future, the draft lease deeds in respect of grant to the Bar Association by the
Government be executed of land lines of the model draft deed.
258
DRAFT DEED
This lease made on the ............. day of ..................... one thousand nine hundred and
seventy .................... corresponding to Saka Samvat .................... Between the Governor
of Uttar Pradesh (hereinafter called „the Lessor‟) of the one part and the ................. a
society registered under the Societies Registration Act, I860 (hereinafter called „the
Lessee‟) through its President of the other part:
Whereas at the request of the Lessee the Government of Uttar Pradesh (hereinafter
called „the State Government‟) has agreed to grant on lease to the Lessee the land fully
described in the Schedule hereto for the purpose and on the terms and conditions
hereinafter appearing:
Now this deed executed under the Government Grants Act, 1895 as amended from
time to time in its application to Uttar Pradesh witnesses as follows :-
1.
In consideration of the rent hereinafter reserved and of the covenants on the part
of the Lessee hereinafter contained the Lessor hereby demises unto the Lessee all that
land, fully described in the Schedule hereto and for greater clearness delineated or shown
on the plan hereto annexed and thereon with its boundaries coloured....to hold the same
unto the Lessee for the term of thirty years from the day of ............... paying therefore the
annual rent of.....in each year at the office of the
................... or at such other place or
places as the State Government may appoint in this behalf.
2.
The lessee hereby covenants with the Lessor as follows:-
(i)
That the demised premises shall be used for construction of a library
building and as an open lawn and for no other purpose whatsoever.
(ii)
That the Lessee shall pay the annual rent aforesaid on the day and in the
manner herein before appointed.
(iii)
That the Lessee shall not sublet, sell, mortgage or otherwise transfer the
said land or any part there for the constructions made thereon without first
obtaining the consent in writing of the State Government.
(iv)
That the lessee shall pay and discharge all taxes, rates and impositions
whatsoever in respect of the demised premises or the building constructed
thereon which are now or hereafter be assessed charged or imposed upon
the said premises or the building, erected thereon.
(v)
That in case the land is not required, for the specific purpose for which it
is being demised, the Lessee shall surrender the same to the Lessor and
this deed shall determine.
(vi)
That the lessee shall at all times maintain the said premises, the buildings
constructed thereon and the approaches thereto in good condition and in a
state of good repair and to the satisfaction of the Lessor.
(vii) That the demised land shall be put to use for the aforesaid purpose
within...................years from the date of this deed.
Provided always and these presents are executed on this express condition that if
and whenever the said rent or any part thereof shall be in arrear and unpaid for the space
259
of one calendar month whether the same shall have been lawfully demanded or not or if
there shall be a breach or non-observance of any of the covenants by the Lessee herein
contained then and in any such case the Lessor may notwithstanding the waiver of any
clause or right of entry re-enter upon the demised premises and expel the Lessee and all
occupiers of the same therefrom and this demise shall absolutely determine.
Provided further that if at any time or times the Lessor requires the demised
premises for any public purpose (of which matter the State Government shall be the sole
judge) the Lessor shall be entitled to determine the Lease after giving three months notice
to the Lessee.
Provided also that on the expiry of the term hereby granted and so on from time to
time thereafter the Lessor shall on the request and at the cost of the Lessee execute to the
Lessee a new Lease of the demise premises by way of renewal for the term of thirty years
on the terms and conditions herein contained except that the annual rent shall on each
such renewal be enhanced by 50% on the rent payable immediately before such renewal
and that such renewed terms of years as shall be granted shall not with the original term
of years exceed in the aggregate the period of ninety years.
3.
It is hereby further agreed between the parties hereto as follows:-
(a)
That upon expiration or sooner determination of this Lease the Lessee
shall whenever give-up possession of the demised premises to the Lessor
and shall with all reasonable dispatch and in any case within a period of
three months remove there from all buildings, structures and all other
material therein and thereon leaving the demised premises in fully
prepared and good conditions provided that any buildings, structures and
material not removed within the period aforesaid shall become the
property of the Lessor without payment of any compensation to the
Lessee.
Provided further that if the Lessor is willing to purchase the
building on the demised premises the Lessee shall be paid for such
buildings such amount as may be determined by the District Engineer of
the division concerned.
(b)
That this is a transfer for the purposes of the Government Grants Act,
1895 as amended from time to time in its application to Uttar Pradesh.
(c)
That without prejudice to any other remedy provided by this deed the
State Government may recover on the certificate of the Secretary to
Government of Uttar Pradesh, Judicial Department, which shall be final,
conclusive and binding on the lessee all dues hereunder from the Lessee as
arrears of land revenue.
(d)
That every dispute, difference or question touching or arising out of this
deed or the subject matter thereof shall be referred to the sole arbitration
of...whose decision thereof shall be final and binding on the parties. The
arbitrator may from time to time with the consent of the parties enlarge the
time for making and publishing the award.
260
4.
The expression "the Lessor" and "the Lessee" hereinbefore used shall
unless such an interpretation is inconsistent with the context include their
respective successors and assignees.
In witness whereof ... for and on behalf of the lessor and for and on behalf of the
Lessee have signed this deed on the day and year first above written.
This schedule herein referred to
Signed by: For and on behalf of the Lessor
For and on behalf of the Lessee
1.

1.
2.

2.
(iii) Copies of documents for Registering Officers
C.E. No. 5/VIIf-89 dated 22nd January, 1962
It encloses, O.M. no. AST-2338/X-215(2)-1961, dated September 18, 1961 of
Government in Finance (AST) Department containing instructions that copies required to
be sent to the registering officers under section 89 of the Indian Registration Act should
be prepared on some white stout paper and should either be printed or cyclostyled or be
the first typed copy or should be written in ink and that faint carbon copies on thin paper
should in no case be sent to registering officers, was circulated to all the District Judges
for compliance.
[8]
LICENSES
(i)
Vend of food stuff
C.L. No. 28/AA dated 17th March, 1958 and
C.L. No. 163/AA dated 8th November, 1974
In all judgeships the right to vend foodstuff in civil court compound shall be
auctioned.
C.L. No. 14 dated 8th February, 1956
It is not obligatory upon a District Judge to accept the highest bid if the person is
found undesirable but he may accept a lower bid taking into consideration the suitability
of the person so bidding and obtaining the approval of the Court.
In order to obviate the chances of any trouble from the person purchasing the right
to vend foodstuff etc., a clause should be incorporated in the notice to intending bidders
to the following effect:
"It is open to the District Judge not to accept the highest bid without assigning any
reason therefor."
C.L. No. 31-AA dated 16th March, 1953 read with
C.L. No. 28/AA dated 17th March, 1958
Vendors of foodstuff, etc. in civil court compound should be required to execute a
deed of licence for each financial year in the form given below. Necessary changes may