LEAVE AND LICENSE AGREEMENT
THIS AGREEMENT is made at Garia, Kolkata this 1st day of April, 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
NANI GOPAL DAS, Son of Kebal Das, (AADHAR : 8388
4205 3160), residing at ANANYA APARTMENT, Flat No. 3, Premises being no. 522/1,
Boral Main Road, Lahar Bagan, Garia, Police Station – Narendrapur, 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
'Licensee' of the Other Part, as follows;
WHEREAS the Licensor is the owner of a
Shop room No. 2 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
Grocery 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 April’
2023 to 31st day of February’ 2026, and will finally terminate and
ceased to continue on expiry of 36 (thirty six) months ( i.e. 31st day
of March’ 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 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 |
01/04/2023 To 31/03/2026 |
Rs. 5,000/- |
Thus a sum of Rs. 5,000/- ( Rupees Five 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.
4.
All the Municipal taxes and other taxes
and levies in respect of the licensed premises will be paid by the Licensor
alone.
5.
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.
6.
The licensed premises will be used only for carrying Grocery business, and for no
other purpose.
7.
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.
8.
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.
9.
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.
10.
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.
11.
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.
12.
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.
13.
The Licensee shall not cause any nuisance or
annoyance to the people-in the neighbourhood or store any hazardous goods on
the premises.
14.
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.
15.
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. 2 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
NANI GOPAL DAS
__________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
No comments:
Post a Comment