LEAVE
AND LICENSE AGREEMENT
THIS AGREEMENT
is made at Garia, Kolkata this 1st
day of February, 2023, between SRI NARAYAN HALDER, Son of Late Sanatan
Halder, (AADHAR : 3025 4704 0410) (PAN : ABFPH8805G), residing at Premises
being no. R-88, Kamdahari, Purba Para, Kolkata - 700084, District – South
24-Parganas, (which terms or expressions shall unless excluded by or repugnant
to the subject or context, be deemed to mean and include his heirs, executors,
administrators, successors, legal representatives and assigns), hereinafter
referred to as 'the Licensor' of the
One Part.
And
SHRUTI CHOUDHARY,
Wife of Randhir Choudhury, (AADHAR : 2698 7560 9651), residing at PUSHPA VILLA,
Elachi Chakraborty Para, Gotberia Lions Club, Narendrapur, Rajpur Sonarpur Municipality,
Kolkata - 700103, District South 24 Parganas, (which terms or expressions shall
unless excluded by or repugnant to the subject or context, be deemed to mean
and include her heirs, executors, administrators, successors, legal
representatives and assigns), hereinafter referred to as the 'Licensee' of the Other Part, as follows;
WHEREAS
the Licensor is the owner of a Shop room No. 4 at Ground floor, measuring about
140 (One Hundred Forty) Sq. ft. more or less, lying and situated at Mouza
Barhansh Fartabad, J.L. no. 47, Touzi no. 109, R. S. Khatian no. 1241, R.S. Dag
no. 15/1710, comprising Land measuring about 3 Satak, R.S. Dag no. 15/1712,
comprising Land measuring about 3 Satak, R.S. Dag no. 15/1937, comprising Land
measuring about 1 Satak, R.S. Dag no. 15/1711, comprising Land measuring about
3 Satak, total land measuring about 10 Satak, having Holding no. 375, Garia
Road, Ward no. 29, under Rajpur Sonarpur Municipality, Police Station Narendrapur,
Kolkata – 700084, District South 24 Parganas, including electric connection
thereon situated on the ground floor on the premises morefully described in the
schedule written hereunder.
AND WHEREAS
the Licensee has approached the licensor with a request to allow the Licensee
to temporarily occupy and use a portion of the Ground floor of the said
building, admeasuring about 140 (One
Hundred Forty) Sq. ft. more or less, for carrying Cloths and apparel business,
on leave and license basis until the Licensee gets other more suitable
accommodation.
AND WHEREAS
the Licensor has agreed to grant leave and license to the Licensee to occupy
and use the said ground floor portion of the said building and which portion is
morefully described hereunder on the following terms and conditions agreed to
between the parties hereto;
NOW IT IS
AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS..
1.
The
Licensor hereby grants leave and license to
the Licensee to occupy and use the said portion of the ground floor / 140 (One
Hundred Forty) Sq. ft. more or less, of the said premises of the Licensor
(hereinafter referred to as the Licensed Premises) for a period of 36 (thirty six) months from 1st day of March’
2023 to 28th day of February’ 2026, and will finally terminate and
ceased to continue on expiry of 36 (thirty six) months ( i.e. 28th day
of February’ 2026 ), and the Licensee undertake to surrender and handover
the physical peaceful vacant possession of the Licensed premises to the
Licensor. The Licensee agrees to vacate the said premises even earlier if the
Licensee secures any other accommodation in the locality where the said
premises are situated.
2.
This
writing shall never be construed as tenancy
agreement or lease nor otherwise creating any other interest in the property in
favour of the occupiers which is not at all the intention of the parties but on
the contrary merely a temporary arrangement, to allow the occupiers to use
portion of the premises for their office accommodation under the control and
supervision of the owners for which purpose the owners shall retain rooms , the
owner shall have his / their own staff for the care and supervision and
maintenance of and services to the property.
3.
The
Licensee shall pay a sum of Rs. 2,00,000/- ( Rupees Two Lakhs ) only,
as Security Deposit to the Licensor at the execution of this present. The
said deposit is refundable, without any interest thereon at the occasion of
leaving the premises by the Licensee. At the time of leaving the premises, the
Licensor inspect his property being portion of schedule as morefully enumerated
below, and if he find any damage in the property the same may be accommodated
with the said Security deposit and after such accommodation of the damage
charges appropriately assessed by the Architecture, the remaining being balance
therefore should return to the Licensee.
4.
The
Licensee shall pay to the Licensor a License fee or compensation including
cost of maintenance of Licensed premises, to be paid in advance for each month on or before the 10th day of each English calendar current month.
The License fees must be paid in Cash and without any statutory deduction, if
any. The License Fees or Compensation will be payable by the Licensee to the
Licensor, in the followings;
|
Sl. No. |
Period for Payment
of License Fees |
License Fees/
Compensation |
|
1 |
01/03/2023 To 28/02/2026 |
Rs.
9,000/- |
Thus
a sum of Rs. 9,000/- ( Rupees Nine Thousand ) only, being License fee or compensation including cost of maintenance of
Licensed premises, to be paid in advance
for each month on or before the 10th
day of each English calendar current month.
5.
All
the Municipal taxes and other taxes and
levies in respect of the licensed premises will be paid by the Licensor alone.
6.
The
electric charges and water charges for
electric and water consumption in the said licensed premises will be paid by
the Licensee to the authorities concerned and the Licensor will not be
responsible for the same. For the sake of convenience a separate electric and
water meter if possible will be provided in the said premises.
7.
The
licensed premises will be used only for carrying Cloths and apparel business, and
for no other purpose.
8.
The
Licensee shall take all, the endeavour to have
safety and security of the Licensed premises, by fixing and arranging the Fire
Extinguisher, and other instruments, etc.
9.
The
licensed premises have normal electricity
fittings and fixtures. If the Licensee desires to have any additional fittings
and fixtures, the Licensee may do so at his own cost and in compliance with the
rules. The Licensee shall remove such fittings and fixtures on the termination
of the license failing which they shall be deemed to be the property of the
Licensor.
10.
The
licensed premises are given to the Licensee
only and the Licensee will not be entitled to transfer the benefit of this
agreement to anybody else or will not be entitled to allow anybody else to
occupy the premises or any part thereof. Nothing in this agreement shall be
deemed to grant a lease and the licensee agrees and undertakes that no such
contention shall be taken up by the Licensee at any time.
11.
The
Licensee shall not be deemed to be in the
exclusive occupation of the licensed premises and the Licensor will have the
right to enter upon the premises at any time during working hours to inspect
the premises.
12.
The
Licensee shall maintain the licensed premises
in good condition and will not cause any damage thereto. If any damage is
caused to the premises or any part thereof by the Licensee or his employees,
servants or agents the same will be made good by the Licensee at the cost of
the Licensee either by rectifying the damage or by paying cash compensation as
may be determined by the Licensor's Architect.
13.
The
Licensee shall not carry out any work of
structural repairs or additions or alterations to the said premises. Only such
alterations or additions as are not of structural type or of permanent nature
may be allowed to be made by the Licensee inside the premises with the previous
permission of the Licensor.
14.
The
Licensee shall not cause any nuisance or
annoyance to the people-in the neighbourhood or store any hazardous goods on
the premises.
15.
If
the Licensee commits a breach of any term of
this agreement then notwithstanding anything herein contained the Licensor will
be entitled to terminate this agreement by fifteen days' prior notice to the
Licensee.
16.
On
the expiration of the said term or period
of the License or earlier termination thereof, the Licensee shall hand over
vacant and peaceful possession of the Licensed premises to the Licensor In the
same condition In which the premises now exist subject to normal wear and tear.
The Licensee's occupation of the premises after such termination will be deemed
to be that of a trespasser.
SCHEDULE ABOVE
REFERRED TO :
{
Licensed Portion }
All
that piece and parcel of Shop Room No. 4 measuring about 140 (One Hundred Forty)
Sq. ft. more or less, lying and situated at Mouza Barhansh Fartabad, J.L. no.
47, Touzi no. 109, R. S. Khatian no. 1241, R.S. Dag no. 15/1710, comprising
Land measuring about 3 Satak, R.S. Dag no. 15/1712, comprising Land measuring
about 3 Satak, R.S. Dag no. 15/1937, comprising Land measuring about 1 Satak,
R.S. Dag no. 15/1711, comprising Land measuring about 3 Satak, total land
measuring about 10 Satak, having Holding no. 375, Garia Road, Ward no. 29,
under Rajpur Sonarpur Municipality, Police Station Narendrapur, Kolkata –
700084, District South 24 Parganas, West Bengal.
IN WITNESS WHEREOF
the parties hereto have put their hands the day and year first hereinabove
written.
Signed by the within
named Licensor
Signed by the within named Licensee
Witnesses :
1 :
2 :
Drafted
and Prepared in my Chamber,
Ashok Kumar Singh. Advocate.
High
Court Bar Association Room No. 15.
High
Court at Calcutta.
Mobile
Number : 9883070666 / 9836829666.
E-mail
: aksinghadvocate@rediffmail.com
THIS LEAVE AND LICENSE AGREEMENT MADE ON THIS THE 1st
DAY OF FEBRUARY’ 2023, AT KOLKATA.
BETWEEN
SRI
NARAYAN HALDER
_________LICENSOR.
A N D
SHRUTI CHOUDHARY
__________LICENSEE.
LEAVE AND
LICENSE.
Drafted & Prepared by :
Ashok Kumar Singh, Advocate, High Court Bar
Association Room No. 15, High Court at Calcutta. Mobile No. 9883070666 /
9836829666, E-mail : aksinghadvocate@rediffmail.com
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