Wednesday, October 26, 2011

PERIYAR LEASE DEED - 1886

This is the first page of the original Lease Deed of 1886. You can see the seal of Registrar Office of the Travancore Palace on the left margin.


LEASE OF LANDS
IN TRAVANCORE FOR THE PURPOSE OF THE PERIAUR PROJECT


INDENTURE made between the SECRETARY OF STATE FOR INDIA and the MAHARAJA OF TRAVANCORE in respect of the lease of certain territory in the Travancore State in connection with the PERIYAR IRRIGATION PROJECT -1886.


This indenture made the twenty-ninth day of October One thousand eight hundred and eighty-six (corresponding with the fourteenth day of Tulam 1062 of the Malabar era between the Government of His Highness the Maharajah of Travancore hereinafter called the Lessor) of the one part and the Right Honourable the Secretary of State for India in Council of the other part witnesseth that in consideration of the rents hereinafter reserved and of the covenants by the said Secretary of the State for India in Council hereinafter contained the Lessor done  hereby demise and grant upto the said Secretary of State for India in Council his successors and assigns tail of whom are intended to be included in and to be referred to by the expression the Lessee hereinafter used.). First. All that tract of land part of the tributary of Travancore situated on or near toe Periyar river bounded on all sides by a contour line one hundred and fifty-five feet above the deepest point of the bed of the said Periyar river at the site of the dam to be constructed there and shown in the map or plan hereunto annexed and which said tract of land is delineated in the said map or plan hereunto annexed and therein coloured blue and contains eight thousand acres or thereabouts.
Secondly. All such land in the immediate vicinity of the tract of land above mentioned and not exceeding in the whole in extent one hundred acres as may be required by the lessee for the execution and preservation of the irrigation works to be executed by the lessee within the said tract of land first above mentioned and which said works are commonly called or known as the “Periyar Project”. Thirdly. Full right power and liberty to construct make and carry out on any part of the said lands herein before demised and to use exclusively when constructed made and carried out by the lessee all such irrigation works and other works auxiliary thereto as the lessee shall think fit for all purposes or any purpose connected with the said Periyar Project or with the use exercise or enjoyment of the lands rights liberties and Powers hereby demised and granted or any of them.        Fourthly. All waters flowing into through over to from the said tract of land firstly herein before demised.   Fifthly. All timber and other trees woods underwoods and saplings which now are or shall during the continuance of this demise be growing or standing upon any of the said demised lands with liberty to the lessee to fell grub up and use, free of all charge for the same all such of the said timber and other trees weeds underwoods and saplings as shall be required in or about the construction or maintenance of or otherwise for all or any of the purposes of the said works or any of them or in connection therewith provided always that the lessee shall not be responsible for the destruction of or for any damage done to any others of the said timber of other trees woods underwoods or saplings for the time being growing or standing upon any of the said demised lands by of through the construction or maintenance of the said works of any of them. Sixthly.The right of fishing in over and upon such waters tanks and ponds as now are or shall during the term hereby granted by upon or within any of the said demised lands. Seventhly. Free way leave and right and liberty of way and passage in manner hereinafter mentioned through and over the lands of the lessor and liberty for the lessee his officers agents servants and workmen to enter upon and to make lay and repair such one and not more than one main or wagon way from any point on the boundary line between British territory in India and the Territory of Travancore to any part of the said demised lands in the usual manner by digging the soil and levelling the ground and making gutters through and over the lands of the lessor between such point and the said demised lands for leading and carriages for and alone the said wagons way upto and towards the said demised  lands all materials required for all or any of the said works and other material matters and things whatsoever to an from any of the said demised lands and liberty for the lessee his officers agents, servants and workmen as occasion shall require to lay and fix wood timber earth, stones gravel and other materials in and upon the lands of the lessor and to cut, dig and make trenches and water courses for the purpose of keeping the said wagon way free  from water and to do all other things necessary or convenient as well for making and laying the said wagon way as for repairing  and upholding the same whenever there shall be occasion and liberty for the lessee his officers agents servants and workmen to go pass and repass along the said wagon way either on foot or with horses and other cattle wagons carts or other carriages unto and from the said demised lands and all other liberties and appurtenances necessary or convenient for making laying, altering repairing using or removing the said wagon way or any part thereof the lessee making reasonable compensation unto tree lessor and the tenants or occupiers for all damage occasioned by or in the exercise of the said liberties to the lands belonging to him or them except those actually taken and used for the line of the said  was on way except nevertheless put of this demise all sovereign rights of the lessor in and to the said demised lands or any of them other than the rights liberties and powers herein before particularly mentioned and expressed to be hereby demised and excepted all minerals and precious stones whatsoever in and under the said lands hereby  demised  or any of them other than earth rubble stone and line required for the said works or any of them together with liberty for the lessee to erect build and set up alter maintain and use upon or within then lands hereby demised such houses and other buildings and to take free of all charge for the same all such earth rubble stone and lime therefrom as shall be necessary or proper for effectual  or conveniently making and maintaining the said several works and generally to do all such things whatsoever in or upon the hereby demised lands as shall be necessary or expedient for the construction and repair of the said irrigation and accommodation works  and for any of the purpose of these presents to have and to hold the premises herein before expressed to be hereby demised and granted unto the lessee from the first day of January one thousand eight hundred and eighty-six for the term of nine hundred and ninety-nine years yielding and paying therefore by the same being deducted from the tribute from time to time payable by the lessor to the Government of India or Madras the yearly rent of forty thousand rupees of British India commencing from the day on which the water of the said Periyar river now flowing into the said territory of Travancore shall by means of the said works be diverted and shall flow in to British territory the first of payments to be made at the expiration of twelve calendar months from such list mentioned date and yielding and paying from the date from which the said yearly rent of forty thousand rupees of British India shall become payable and over and above the same the further yearly rent (hereinafter called acreage rent ) after the rate of five rupees of British India currency for every acre and so in proportion for a less quantity of the lands hereby demised and granted which on the completion of the said works shall be found on measurement to be included within the said contour line in excess of the said area of eight thousand acres the first of such payments of acreage rent to be made at the time and place when and where the said yearly rent shall become payable as herein before provided and the lessee doth hereby covenant with the lessor that the lessee will pay to the lessor the several rents herein before reserved at the times herein before appointed by allowing the same to be deducted from the tribute from time to time payable by the lessor as aforesaid and will at the expiration or sooner determination of the said term peaceably deliver upto the lessor all the said premises hereby demised in such stale and condition as shall be consistent with a due regard to the provisions of this lease and in particular will within two years after the expiration of determination of the said term clear from the said lands hereby  demised all machinery and plant in or about the same or any part thereof or shall at the option of the lessee abandon all claim to such machinery and plant or to such part or parts thereof as the lessee shall think it provided always and it is hereby agreed and declared that it shall be lawful for the lessee at any time before the expiration of the said term to surrounding and yield up all the demised premises to the lessor in which case and immediately upon such surrender the rents hereby reserved shall cease.  Provided always and these presents are on this express condition that if and when ever there shall be a breach of any of the covenants and agreements by the lessee herein contained the lessor may re-enter upon any part of the said premises in the name of the whole and there upon the said term of nine hundred and ninety-nine hundred absolutely determine without prejudice nevertheless to the recovery of any rent or money then payable or to the liability of the lease to perform and to the right of the lessor to enforce the performance and observance of every or any covenant or situation herein contained and which ought to be performed or observed after the expiration of the said term in case the same  had expired by effluxion of time.  And the lessor doth hereby covenant with the lessor that the lessee paying the rents herein before reserved in manner aforesaid and performing and observing all the covenants and agreements by the lessee herein contained may quietly hold and enjoy all the lands rights and premises herein before, demised and granted during the said term and also free of rent so much of the said lands as shall then be required for any machinery or plant for two years after the expiration or determination of the said term without any interruption or disturbance by the lessor or any person claiming through or in trust for the lessor and that if the lessee shall be desirous of taking a renewed lessee of the said premises for the further term of nine hundred and ninety-nine years from the expiration of the term hereby granted and of such desire shall prior to the expiration of the said last mentioned term give to the lessor six calendar months previous notice in writing signed by any Secretary to the Government of Madras and shall pay the rents hereby reserved and perform and observe the several covenants and agreements herein contained and on the part of the lessee to be observed and performed upto the expiration of the said term hereby granted the lessor will upon the request and at expense of the lessee forthwith execute and deliver to the lessee a renewed lease of the said premises for the further term of nine hundred and ninety-nine years at the same yearly and acreage repts and under and subject to the same covenants provisions and agreements including this present covenant as are herein contained.  If and whenever any dispute or question shall arise between the lessor and lessee touching these presents or anything herein contained or the construction hereof or the rights duties or liabilities of either party in relation to the premises the matter in difference shall be referred to two arbitrators or their umpire pursuant  to and so as with regard in the mode and consequence of the referring and in all other respect to conform to the provision in that behalf of the Code of Civil Procedure 1882 of the Legislative Council of India or any there subsisting statutory modification thereof.  In witness whereof Vembankum Ramiengar, Esq. CSI Diwan of  His Highness in Maharajah of Travancore by order and direction of the Government of M/s. Highness the said Maharajah and John Child Hannynglen Esl. Resident of Travancore and Cochin of order and direction of the Rigln Honourable the Governor in Council of Fort St. George  acting for and on behalf of the Right Honourable the Secretary of State for India in Council have hereunder set their respective hands and seals the day and year first above written.

Signed, sealed and delivered by the above named Vembaukum Ramiengar in the presence of:
V. RAMIENGAR
K.K.Kuruvila
Maramath Secretary, Travancore Sircar

J.H. PRINCE
Ag. Head Sircar Vakil, Travancore Government

Signed, sealed and delivered by the above named John Child Hannyngton in the presence of:
J.C. HANNYNGTON

K.K.Kuruvila
Maramath Secretary, Travancore Sircar

J.H. PRINCE
Ag. Head Sircar Vakil, Travancore Government

MEMORANDUM

The land referred to in the foregoing deed as demised by the lessor to the lessee is situate on both sides of Periyar River as shown in the map hereto annexed and coloured blue, and lies within the Thodupulay and Chengannoor taluks of Travancore State, and is bound as in the said deed is is described.

V. RAMIENGAR
J.C. HANNYNGTON

8 comments:

☮ Nishad Kaippally കൈപ്പള്ളി ☢ said...

This is illegible. It would be useful if the deed was transcribed and posted in plain text.

James Wilson said...

Nishad...see it now...:)

joyce said...

good information........still there are a lot of engineering issues there....like the core of the dam,saturated surkhi,weak interface at the dam bottom, quakes in the vicinity,eccentricity of the dam ..stability..etc..etc..

KRUAIN said...

Salute to mr wills ... Good job....

rinjumathew said...

sir,am a faculty of an engg college in kottayam district..i would like to invite you to our college for delivering an awareness upon the issues related to mullaperiyar..Please guide me with the procedures for that.

colonel.sayed makkar said...

May the authorities concerned(of both Kerala&Tamilnadu)channelize their energies to appreciate/analyse the issue in totality with the backing of scientific/technical evidence,and arrive at a solution,without wasting any more time in scoring points against each other,please?!Touch wood,the worst shall not happen;let's hope.But what if the disaster happens?Millions of Keralites&Tamilians are going to suffer the adverse aftermaths equally.They all are at the mercy of Nature as of now.The least that both the Chief Ministers and their Cabinets can do is to gather themselves and take measures to educate/train all ranks,from the common man on wards,to get rid of panic,prepare and train them to face the disaster as safely as possible with determination,willpower and faith in Almighty.Disaster Management Cells to start functioning forthwith at all levels of civil administration in coordination with the Bureocrats,Panchayath Raj,Police,other Civil Security Forces,the Armed Forces,Hospitals,various NGOs,Educational Institutions and so on, in imparting knowledge and training on the subject;emphasizing on Precautionary Measures,Preventive Measures,Crisis Management,Evacuation of Casualties,Medical Treatments,Prevention of Epidemics,Resettlement Measures etc.Mock Drills and Rehearsals in small and large scales to be conducted.People to be made confident of the immense capabilities/endurance power God has bestowed upon the mankind which should be utilized to face the expected disaster,should the inevitable occur.Whether Idukki dam can contain the disastrous water bomb or not,whether the 999 year period of demise(lease)signed between the Travancore Maharaja and the British Ruler's Rep holds good or not,to divert the destiny of millions of human beings,brothers and sisters of our Nation,Smt Jayalalitha has to take the initiative.Shri Vaiko and similar personalities should control their emotions which in turn will result in the cooling down of the already upset emotional beings.At least Shri Oommen Chandy appears to be composed on that score.Should we lose all our hopes and end our lives before Mullaperiyar collapses?Construction of the new Dam to commence at the earliest.The so-called leaders who are illiterate about the subject should stop talking through their heads and leave the technical solutions for the problem to experts,scientists and properly represented 'human' committees."God Bless".
Rotarian(Colonel)Sayed Makkar.

Ponnoly Blogs said...

Can you post the photocopies of the other pages of the original lease deed?

Nishad Kaippally said...

@James

Thank you. Your work is commendable.

Post a Comment