Leave and License - Narayan Halder - Nani Gopal Das

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LEAVE AND LICENSE AGREEMENT

 

 

THIS AGREEMENT is made at Garia, Kolkata  this  1^st 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 1^st day of April’ 2023 to 31^st day of February’ 2026, and will finally terminate and ceased to continue on expiry of 36 (thirty six) months ( i.e. 31^st 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 10^th 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 10^th  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 1^st 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

Surrender and Bail Petition in Criminal Cases

 

In the Court of the Learned 13^th Metropolitan Magistrate Calcutta

                                                CS/ 105132 / 22

 

                                                          In the matter of ;

M/s. Swathy Poultry Farms,

                   ________Complainant

-      Versus –

Nimai Das,

___________Accused

Surrender & BAIL Petition

The humble Petition of the above named accused persons, most respectfully;

Sheweth as under ;

 

1.   That the accused person would surrender before the Learned Court seeking enlargement on Bail. The accused person came into knowledge of the W/A, issued by the Learned Court, while he was arrested by Katwa Police Station and produced before the Learned Additional Chief Judicial Magistrate, Katwa, on 24-02-2023.

 

2.   On 24-02-2023, the Learned Additional Chief Judicial Magistrate, Katwa, was pleased to grant bail to the accused person on Bail bond of Rs. 2,000/- with condition to surrender before this Learned Court within four days.

 

3.   That in compliance of the said Order dated 24-02-2023, passed by the Learned Additional Chief Judicial Magistrate, Katwa, the accused person arranged himself to surrender before this Learned Court, with a prayer for enlargement on bail, granted on 24-02-2023.

 

4.   That in the given circumstances, the accused person seeks his enlargement on Bail at the terms determined by the Learned Court, in the interest of administration of Justice.

 

5.   That the accused person, undertake to comply with each and all direction of the Learned Court and cause all necessary endavour to attend the above referred case before the Learned Court.

 

6.   That unless the Learned Court grant enlargement on bail to the accused person, in the given case, the accused persons will highly prejudice and suffer with irreparable loss and injury, thereof.

 

7.   That this application is made bonafide and in the interest of administration of Justice.

 

 

 

 

 

 

 

It is therefore prayed that your Honour would graciously be pleased to allow this Bail petition and to enlarge on bail the accused person, in the interest of administration of Justice, and or to pass such other necessary order or orders, as your Honour may deem, fit and proper for the end of Justice.

And for this act of kindness, the Petitioner as in duty bound shall ever pray.

Surrender and Bail Petition

 

In the Court of the Learned 14^th Court of Metropolitan Magistrate, Calcutta

 

                                                CS/24199/2020

                                                          In the matter of ;

Samskar Financial Services Private Limited,

                   ________Complainant

-      Versus –

1)   Jayanti Sounth;

2)   Hirak Nath Sounth;

___________Accused

Surrender & BAIL Petition

The humble Petition of the above named accused persons, most respectfully;

Sheweth as under ;

 

1.   That the accused person (1) Jayanti Sounth, and (2) Hirak Nath Sounth, would surrender before the Learned Court seeking their enlargement on Bail. The accused person came into knowledge of the W/A, issued by the Learned Court. The said W/A is bailable at a sum of Rs. 1,000/- surety.

 

2.   That the accused persons undertake to comply with each and all direction of the Learned Court and cause all necessary endavour to attend the above referred case before the Learned Court.

 

3.   That unless the Learned Court grant enlargement on bail to the accused persons, in the given case, the accused persons will highly prejudice and suffer with irreparable loss and injury, thereof.

 

4.   That this application is made bonafide and in the interest of administration of Justice.

It is therefore prayed that your Honour would graciously be pleased to allow this Bail petition and to enlarge on bail the accused persons, in the interest of administration of Justice, and or to pass such other necessary order or orders, as your Honour may deem, fit and proper for the end of Justice.

 

And for this act of kindness, the Petitioner as in duty bound shall ever pray.

 

The Urban Land (Ceiling & Regulation) Act, 1976

 the Urban Land (Ceiling & Regulation) Act, 1976

Let it be clarified at the very outset that the Urban Land (Ceiling & Regulation) Act, 1976 , which is a Central Act, is in force as before in the State of West Bengal, although it stands repealed for some other States and Union Territories. Apart from the Competent Authority, Kolkata who is specially appointed as such, the Sub-Divisional Officers of the predominantly urban areas/sub-divisions act as Competent Authorities for the respective Sub-divisions for the purpose of the U.L. (C&R) Act, 1976. The office of the Competent Authority, Barrackpore is located in the Administrative Building, Barrackpore near Chiriamore on S. N. Banerjee Road (i.e., office of the S.D.O. Barrackpore). It is also to be noted that for the purpose of the said Act, Bidhannagar area (i.e., the Sub-division) has remained part of Barrackpore Sub-Division, although the former has been carved out/separated from the latter quite a few years back.

 

Salient points under the said Act are as follows:- Ceiling limit: - In the case of every "person", 500 sqmts. or 7-1/2 Kathas within any mouza/village/town (under Barrackpore sub-division as well as Bidhannagar Sub- Division). This is because each & every plot of these two Sub-Divisions falls within Category "A" specified in Schedule-I. Definition of "Person":- "Person" includes an individual, a firm, a firm, a company, or an association or body of individuals, whether incorporated or not. Definition of "Family"-"Family" in relation to a person means the individuals, the wife or husband, as the case may be, of such individual and their unmarried minor children. Top Definition of "Vacant Land" -"Vacant land" : - means land not being land mainly used for the purpose of agriculture in an urban agglomeration. The agricultural land includes the land recorded and used as orchard. Definitions of Tank/Doba / Agricultural Land:- "Tank" or "Doba", recorded as such in Rrovisional Settlement and so long as it is used as such, does not come under the purview of the Act in the light of different orders passed by the Hon'ble High Courts and the Supreme Court of India. Similarly, the R.S. -recorded:- "agricultural land", so long as it is used as such, will not come under the purview of the Act. But the moment it loses its character, it will come under the purview of the Act. The date of commencement of the Act, in a case where the land, which was not" vacant earlier, would be the date on which such land becomes vacant land. In short, any land classified as "Doba", "Tank", or "Agricultural" land in R.S.- recorded R.O.R.s, so long as it is used as such, will not come under the purview of the Act, but the moment it loses its character, it will come under the purview of the Act. Top Statement U/S 6(1):- Every person holding vacant land in excess of the ceiling limit at the commencement of this Act shall, within such period as may be prescribed, file a statement Under Section 6(1) of the Act before the Competent Authority & S.D.O., Barrackpore in triplicate along with a site plan, copies of R.O.R(s), deed(s)/link deed(s). Municipal Assessment Register prior to 1975 etc. Exemption Order U/S 20 :- Where any person holds vacant land in excess of the ceiling limit and the State Government is satisfied, either on its own motion or otherwise, that, having regard to the location of such land, the purpose for which such land is being or is proposed to be used and such other relevant factors as the circumstances of the case may require, it is necessary or expedient in the public interest so to do, the Government may, by order, exempt, subject to such conditions as may be specified in the order, such vacant land from application of the provisions of Chapter-III of the Act. So any person may file a prayer Under Section 20 (1) of the Act before the Secretary, Urban Development Department along with a copy of Receipt of the Statement U/S 6 (1) which has already been filed before the Competent Authority. Notice U/S 26 (1) Any person holding vacant land within the ceiling limit shall have to file notice under Section 26 (1) of the Act prior to transfer of such vacant land by way of sale, lease, mortgage etc. and shall get an acknowledgement of receipt form the Competent Authority and wait up to 60 days from the date of receipt of the said notice by the office of the Competent Authority for execution / registration of such deed.

 

Time Petition / Civil Suit / Written Objection

 

District : South 24 Parganas

In The Court of the Learned District Judge, at Alipore, South 24 Parganas

 

                                                Misc. Appeal no. 247 of 2022

 

                                                          In the matter of ;

                                                          Rabeya Naskar,

                                                                   ________Petitioner / Appellant

-      Versus –

M/s. Tata Motors Finance Limited, & Others;                          ______Respondents

Time Petition for Written Objection

The humble petition on behalf of the Respondents M/s. Tata Motors Finance Limited, most respectfully;

Sheweth as under;

 

1.   That the Respondent is in receipt of Notice given by the Learned Advocate of the appellant about the above referred Misc. Appeal. The Respondents appeared in the present proceeding before the Learned Court through Learned Advocate, in whose favour Vakalatnama duly executed and authenticated.

 

2.   That the Respondent need some reasonable period of time to prepare it’s Written Objection in the present appeal, preferred by the Petitioner/ appellant.

 

3.   That in view of the facts, referred above the respondent seeks some reasonable period of time to prepare its Written Objection in the present appeal, preferred by the Petitioner/ appellant.

 

4.   That unless the Learned Court grant some reasonable period of time to prepare it’s Written Objection in the present appeal, preferred by the Petitioner/ appellant. The respondent will highly prejudice and suffer with irreparable loss and injury, thereof.

 

5.   That the balance of convenience and inconveniences are in favour of the Respondent and the Petitioner/Appellant will not prejudice.

 

6.   That this application is made bonafide and in the interest of administration of Justice.

 

 

It is therefore prayed that your Honour would graciously be pleased to allow this application ant to grant some reasonable period of time to the Respondent to submit Written Objection in the present appeal, preferred by the Petitioner/ appellant, in the interest of administration of Justice, and or to pass such other necessary order or orders as your Honour may deem, fit, and proper for the end of Justice.

And for this act of kindness, the Petitioner as in duty bound shall ever pray.

 

 

 

 

 

 

 

 

AFFIDAVIT

 

I, Sabyasachi Datta, Son of  Hrishikesh Datta, aged about 40 years, by faith Hindu, by occupation Service, working for gain at Tata Motors Finance Ltd., Prasad Chamber, 10B, Shakespeare Sarani, Block – B, Police Station – Shakespeare Sarani, Kolkata – 700 017, do hereby solemnly affirm and say as follows:-

 

1.           That I am the Authorised Signatory of the Respondent’s company and as such well acquainted with the facts and circumstances of this case, from the records maintained by the Company.

 

2.           That the statements made in the paragraphs 1 to        of the foregoing petition are true to my knowledge as per records maintained by the Company and those contained in paragraph       thereof are my respectful submission before this Learned Court.

 

 

Identified by me	DEPONENT
Advocate