LEAVE AND LICENSE AGREEMENT
THIS
AGREEMENT is made at Garia, Kolkata this 1st day of March’ 2023, between SHRI MANOJ GHOSH, Son of
Late Mohan Ghosh, residing at Village – Barhans Fartabad, Post Office – Garia,
Police Station – Sonarpur, District – South 24-Parganas, Kolkata – 700 084,
hereinafter referred to as 'the Licensor' (
Which expression shall unless repugnant to the context be deemed to include his
legal heirs, legal representatives, administrators, successor and assigns ) of the
One Part
AND
M/s. Garia Youth Computer Training Centre (
youth service ), ( Sports & Youth Services Department ) Govt. of West
Bengal, recognised Proprietorship Firm rendering Education related to
Computers, represented by its Proprietor SRI SUMAN SENGUPTA, Son of Sri Salil
Sengupta, residing at premises being no. 18, Gandhi School Road, Post Office –
Nabapali, Police Station – Barsat, District – North 24-Parganas, hereinafter
referred to as the 'Licensee' ( Which expression
shall unless repugnant to the context be deemed to include it’s, legal
representatives, administrators, successor in office and assigns thereof ) of the
Other Part, as follows;
WHEREAS
the Licensor is the owner of an East facing room measuring about 800 ( Eight
hundred ) Sq. ft. more or less with a bath cum privy on the North – West corner
of the said room including electric and water connection thereon situated on
the ground floor of two storied building 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 800
( Eight hundred ) square feet for carrying on his Computer related Educational
business, on leave and license basis.
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
/ 800 ( Eight hundred ) Sq. ft. floor of the said building of the Licensor
(hereinafter referred to as the Licensed Premises) for a period of Eleven
months from 1st day of March’ 2023 to 31st day of January’ 2024.
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 Occupier Licensee have as Security deposit
for such payments and observance of the covenants hereunder contained kept with
the owners a sum of Rs. 15,000/- ( Rupees Fifteen Thousand ) only to be repaid
without interest on revocation of licence and surrender of the said portion of
the property subject to such deductions as the owners shall be entitled as
against the occupiers / licensee, e.g., arrears of charges, electric bill and
usage thereof, damages of the portion of the property, etc. as hereunder provided
or otherwise permitted in law.
4.
The Licensee shall pay to the Licensor
a sum of Rs. 24,000/- ( Rupees Twenty Four Thousand ) only, per month as
License fee or compensation including service charges and Maintenance charges
for the said 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 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 meter if possible will be provided in the said premises.
7.
The licensed premises will be used only
for carrying on business of Computer Education and for no other purpose.
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 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 on personal basis 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 in 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 East facing room measuring about 800 ( Eight Hundred ) Sq. ft. more or
less with a bath cum privy on the North – West corner of the said room
including electric and water connection thereon along with right of ingress and
egress from and to the main road, situated on the ground floor of a two storied
building on a piece and parcel of Land measuring about 01 ( one ) Cottaha, 04 (
Four ) Chittacks, 13 ( thirteen ) Sq. ft. more or less being situated at Dag
no. 22, Khatian no. 1268, in Mouza – Barhansfartabad, J.L. no. 47, R.S. no. 7,
being incorporated under Holding no. 426, within Ward no. 29, of Rajpur –
Sonarpur Municipality, Police Station – Sonarpur, 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 Shri Manoj
Ghosh.
in the
presence of following witnesses.
Signed by the
within named Licensee Shri Suman
Sengupta, Prop. Of M/s. Garia Youth Computer Training Centre.
in the
presence of following witnesses.
Witnesses
:
1
:
2
:
Drafted
and Prepared in my Chamber,
Ashok Kumar Singh.
Advocate.
High Court at Calcutta.
High Court Bar Association Room No. 15.
High Court at Calcutta.
Mobile Number : 9883070666.
