AGREEMENT FOR SALE
THIS
AGREEMENT FOR SALE made this ……… the
day
of _________, Two Thousand Twenty Three (2023).
BETWEEN
(1) SRI SATYAJIT SANYAL [PAN-ALOPS6263J]
& [ADHAR-422906373221], (2) SRI SARBAJIT SANYAL [PAN-ATHPS6060N] & [ADHAR-553848266285]
both (1) and (2) sons of Late
Gauranga
Chandra Sanyal,
by Nationality-Indian, by Faith-Hindu,
by Occupation-Business, residing at GC-168, Salt Lake
City, Sector-III
under
Police Station of South Bidhan Nagar, Kolkata-700106,
and (3)
SRI PRASENJIT SANYAL [PAN-ALGPS0971H] & [AaDHAAR-775916860219],son of
Late Shyamananda Sanyal, both by Nationality-Indian, both by Faith-Hindu, both
by Occupation-Business,
residing at BG - 153, Salt Lake
City, Sector-II
under
Police Station
of East Bidhan Nagar, Kolkata-700091,
hereinafter referred to as the "OWNERS/DEVELOPER"
(which
expression shall unless excluded by or repugnant to
the
context or the subject be deemed to
mean and
include
their respective
heirs,
successors, administrators, legal representatives
and assigns) of the FIRST PART.
AND
SRI SURAJIT BHAKTA [PAN : BBJPB6369N] & [AaDHAAR- 714696183642], son of
Late Nitai Chandra Bhakta by Faith- Hindu, by Occupation-Business, residing at Premises
being No. 48, Tala Park Avenue,
P.O. Belgachhia
under Police
station of Tala, Kolkata-700037, hereinafter referred as the "TENANT/PURCHASER"
(which expression shall unless excluded by or repugnant to the context or the
subject be deemed to mean and include his
heirs, successors, administrators, legal
representatives and assigns, thereof) of the SECOND PART :
WHEREAS
the
First Part
herein jointly
purchased ALL THAT partly two storeyed and
partly one storeyed brick built messuage measuring an
area of
1800 (one
thousand eight hundred) Sq. Ft. more or less, which
standing over and above of the landed
property measuring an area of 03 (three)
Cottahs 13 (thirteen)
Chittacks 27 (twenty-seven) Sq. Ft. more or
less, being Premises known as 33, College Row, Northern Division
of the town of Calcutta (Kolkata)
under Holding
No. 328
in Block No. VIII of Ward No. 040
within the local limits of Kolkata Municipal Corporation
under the
State
of West Bengal from the owners namely, Smt. Tapati
Datta, wife
of Sri Bholanath
Dutta of AA-137, Salt Lake
City, Sector-I,
Kolkata-700064 and Smt. Minoti Dutta, wife of Late Ajit Kumar
Dutta of 5A, College Row, Kolkata-700009
and Urimila Dutta, daughter of Late Ajit Kumar Dutta of 5A, College
Row,
Kolkata-700009,
by virtue of a registered Deed of Sale, which
executed on
18.12.2006 and finally registered on 16.03.2011 at Additional
Registrar of Assurances-II, Kolkata
and
recorded under Book No.-I, CD Volume
No.-13,
Pages-1192 to 1220, being No. 03452 for
the year 2011 and duly
purchased the said property the First Part herein
become the joint owners in respect of the said property and sufficiently
entitled to enjoy the same duly mutated the same in
the Kolkata
Municipal Corporation under Assessee No. 110400700497,
more fully and particularly described in the SCHEDULE hereunder
written
and hereinafter
for
the sake
of brevity be referred to as the "SAID LANDED
PROPERTY INCLUDING STRUCTURE", free from
encumbrances;
AND
WHEREAS during purchase of the said property including structure, it
was/is to
the
knowledge of the First Part
herein that
in the said property
there were/are
numbers of
the Tenant and it was/is the
established fact that Sri Surajit
Bhakta is a tenant and under occupancy of 100 (One Hundred)
Sq. Ft. as
Carpet area in the said property itself. It is
pertinent to mention that one Nitai Ch. Bhakta
and his wife,
Smt. Mayarani
Bhakta, both
were the joint
Tenant and under occupancy of 100 (One
Hundred)
Sq. Ft. as
Carpet area in the said property itself. But after the
death of the said Nitai Chandra Bhakta on 17-04-2022, and relinquish of rights
in the said tenancy in favour of the Teanant/ Purchaser (Shri Surajit BHakta),
by his mother Smt. Mayarani Bhakta, the Second Part is continuing such tenancy
under the Ownership of the First Part and thus the said tenanted portion being under occupancy
of 100 (One
Hundred)
Sq. Ft. as
Carpet area in the said property itself and out of
that, part
and portion of the said tenanted occupancy presently under the
middle portion as well as
part and portion towards northern portion, located at Ground
Floor of
the said building
as present status, which purchased by the First
Part herein by
virtue of a Deed being No. 03452
for the year 2011 but duly considered
the multi-storeyed building in accordance with
the norms of the Kolkata Municipal Corporation, it is the
liability
and responsibility of the Owners/Developer to
release certain
portion
of the
land in front of the College Row and considering such
aspect the major portion of the present occupancy of the Tenant
(Shri Surajit Bhakta) will come into existence of the
side portion of the building and hence, it
is the understanding
with the Owners/Developer that the said Tenant
(Sri Surajit Bhakta), will be entitled
to get one shop room measuring carpet area of 100
(One Hundred) Sq. Ft. at Western side of the
proposed building and the Owners/Developer
hereby accepted the same and confirmed that the
Owners/Developer
will provide 100 (Hundred) Sq. Ft. in Western side of
the building
and now, by
virtue of these presents, considering all of the
aspects the Purchaser herein participated in these
presents not only being as Purchaser but also as one of the Tenant herein
because of the
fact that the said Tenant of the
Second Part herein now not only
purchasing his tenanted occupied agreed-but purchasing more than
the area as referred in the SCHEDULE-B hereunder
written and so, the Second Part herein going to purchase the entire
property as
referred
in
the SCHEDULE-B hereunder written;
AND WHEREAS considering the Occupation of the Tenanted
Portion measuring about occupancy of 100 (One
Hundred)
Sq. Ft. as
Carpet area in the said property itself and out of
that, part
and portion of the said tenanted occupancy presently under the
middle portion as well as
part and portion towards northern portion, located at Ground
Floor of
the said building
as present status, at premises number 33, College Row, Northern
Division of the town of Calcutta (Kolkata) under Holding No. 328 in Block No.
VIII of Ward no. 040 within the local limits of the Kolkata Municipal
Corporation under the State of West Bengal for a pretty long time, the First
Part agrees to transfer the said tenanted portion on Ownership to the Second
Part at a low consideration which is far less than the present market value.
Since in terms of the applicable laws the First Part has to leave certain
portion of land in front of the proposed new construction and considering such
aspect the major portion of the present occupancy of the Tenant
(Sri Surajit Bhakta) will come into existence of the west portion of the College Row and hence, it is the understanding with the Owners/Developer that the said Tenant (Sri Surajit
Bhakta), will be
entitled to get one
shop room measuring carpet area of 100 (one hundred) Sq. Ft. in front of the road i.e. College Row of
the proposed building and the Owners/Developer hereby accepted the same and confirmed that the Owners/Developer
will provide 100
(one hundred) Sq. Ft. in front of the College Row on the Ground Floor of the New
Construction to be made by the First Part, in terms of the Building Plan, sanctioned
by the Kolkata Municipal Corporation. The afore stated 100 Sq. ft. to be
purchased by the Second Part is morefully described in the SCHEDULE-B hereunder written.
AND
WHEREAS since possessed the Vendors
of the
First Part
herein decided to develop the said landed property by constructing
multi-storeyed building over and above the
said landed
property and considering such
views the First Part herein prefers to negotiate with the Tenant/Purchaser
and therefore,
the
First Part herein specified with the Tenant/ Purchaser herein that
the Owners themselves will develop the said landed property by demolishing
existing structure on their own
without appointing any Developer as confirmed and hence,
it is the conclusion
and/or decision that the First Part
herein will provide measuring Carpet area of 100 (one
hundred) Sq. Ft. towards
the facing West side as Shop
and the said shop must be facing towards West, in favour of
the
Tenant/ Purchaser herein, which will be provided by the Owners/ Developer
herein. Be it
specifically
specified
that the SHOP
measuring Carpet area of 100 (one hundred)
Sq. Ft. must be
located towards
the facing
of West of College Row, the Tenant/Purchaser shall always
have the liberty to use the landing with
a view to egress
and to that
effect the First
Part including
other co-owners as
well as the
Holding Organization
(to be formed) shall have no right to raise
any objection and/or withdraw such privileges
of
the Second
Part herein;
AND
WHEREAS in calculative method it is established
fact and stands as the First Part herein hereby providing total measuring
Carpet area of 100 (one hundred) Sq. Ft.
in favour of the Tenant of the Second
Part herein
and
hence, it is the understanding with the said Tenant that
the said Tenant will pay the amount @ Rs.
1,800/-(Rupees
one thousand eight hundred) per Sq. Ft.
in connection with 100 (one hundred)
Sq. Ft. Carpet
area and
will purchase the same from the First Part herein in
accordance with the rate, so specified as fixed rate and considering such
purview the Second Part herein participated
in these presents
as Purchaser herein;
5515/08 ssige theres
AND
WHEREAS now, the Owner/Developer
intend to sale and/or will provide ONE SHOP admeasuring measuring Carpet
area of 100
(one
hundred) Sq.
Ft. Carpet
area facing West side of the building and the said
shop must be facing West side of the
building
and said one shop is separate, which
will be provided and/or will sale by the Owners/Developer
herein and such one shop is adjoined with other
of the proposed building (subject to the provision that ONE SHOP, which
measuring Carpet area of 100 (one hundred) Sq. Ft.
must be located
towards the facing West side of the building
at, College
Row and hence,
the
Tenant/Purchaser
shall always
have the
liberty to
use the
landing with
a view to egress
and
ingress of the said SHOP by using the
landing of said stair, which measuring Carpet
area of 100 (one hundred) Sq. Ft. and to that effect the First
Part
including other co-owners as well as the Holding Organization
(to be
formed)
shall
have no right to raise any objection and/or withdraw
such privileges
of the
Second Part
herein) provision
being
Premises known
as 33,
college Row, Northern Division
of the town
of Calcutta (Kolkata) under Holding No. 328 in Block No. VIII
of Ward No.
040 within the local limits of
Kolkata Municipal Corporation under Assessee No.
110400700497,
which is more fully and
particularly described in SCHEDULE-B, hereunder
written
including all common rights, amenities and/or facilities of the said
building
as referred in the SCHEDULE-C
hereunder
written
together with undivided impartiable proportionate share of the
said landed
property,
described in the SCHEDULE-A hereunder
written and hereinafter
for the sake of brevity
be
referred to as the "SAID SHOP" at or for
total consideration amounting to Rs. 1,80,000/-
(Rupees One Lakh Eighty thousand)
only
without involvement of any GST in respect
of the said
two
shops as
stated above;
AND
WHEREAS the Purchaser/Tenant
herein
offered to the Owner/Developer
with
a view to purchase the aforesaid shop in
the rate as stated above and the First Part
being as Owners/Developer
accepted the
same and
now,
the
Owners/Developer
agreed
to sell and the Purchaser agreed to purchase
all that said SHOP described in the SCHEDULE-B hereunder written
at or for total consideration worth
of Rs. 1,80,000/- (Rupees One Lakh Eighty
thousand) only in respect of the said one shop in terms
as specified hereunder :
NOW
THIS INDANTURE WITNESSTH AND IT
IS
MUTUALLY AGREED BY AND BETWEEN THE PARTIES HEREIN, as follows:-
1.
THAT the
First Part will provide and/or will sell and
the Purchaser being as Tenant will purchase
All THAT ONE SHOP and out of that
one SHOP
admeasuring
measuring
Carpet area of 100 (one hundred) Sq. Ft
Carpet area facing
West side of the building at College
Row of
the proposed
building, being Premises known and numbered as
33,
College Row, Northern Division of the
town of Calcutta
(Kolkata)
under Holding
No. 328 in
Block No. VIII
of Ward No.
040 within the local limits of Kolkata Municipal Corporation under Assessee
No. 110400700497,
which is more fully and particularly described
in
SCHEDULE-B, hereunder written including
all
common rights, amenities
and/or facilities of the said building as referred in the SCHEDULE-C
hereunder
written
together with undivided impartiable proportionate share of the said landed
property,
described in the SCHEDULE-A
hereunder
written at or for
agreed total consideration i.e. @ Rs 1,800/- (Rupees one
thousand eight hundred) per Sq. Ft. in
connection with 100 (one hundred) Sq. Ft. Carpet
area worth of
Rs. 1,80,000/- (Rupees One Lakh Eighty thousand) only and the Purchaser
herein
paid the
amount worth of
Rs. 15,000/- (Rupees Fifteen thousand)
only by cheque as
an earnest and/or advance money and/or part payment
of total
consideration amount to the First
Part herein as per memo of consideration hereunder written
and the receipt
whereof the First Part doth hereby acknowledged and
granted in favour
of the Second Part herein and the remaining balance and/or due consideration
worth of Rs. 1,65,000/- (Rupees One
lakh Sixty Five thousand) only shall have to be
paid by
the Purchaser
to the Vendors
within 30 (thirty) months from the date of
execution of these presents in respect of the scheduled
below property either different intervals or in
one sort on
or before registration
and the Purchaser
shall
have to complete
the registration positively within the stated prescribed
time and
after receiving
all of
the due payments and/or total
amount as well as after completion of the
registration i.e. both of the subject, it is
the duty
and responsibility of the First Part herein to
handover the possession in favour of the
Second Part herein without any hesitation and/or without showing any excuses in connection
thereof;
2.
THAT the
Second Part herein have the full liberty to
register these presents in
accordance
with
the norms of the
State Government and to the First Part
shall have to complete such registration without
any delay
and/or
without any hesitation and in any event if hesitation and/or
delay being effectuated by the First
Part herein
then such will
be treated as
offence
in part of the First Part herein;
3.
THAT
the
responsibility of the Purchaser/Tenant
to pay
the prescribed amount in favour of the First Part herein
within due time
and it is
also the duty and responsibility of the First Part herein to
complete the registration of these presents and
thereafter, by receiving total due consideration the registration
of proper Deed of Conveyance within said specified
prescribed period and handover the peaceful vacate
possession in favour of the Purchaser
on or just
after complete
of the registration;
4.
THAT
by virtue of these presents the Tenant/Purchaser
hereby declaring
and confirming
that the Tenant/Purchaser will not accept any less area of the
said ONE
SHOP as specified
in
the SCHEDULE-B hereunder written and if the
area will be higher than the
area of said SHOP under such circumstances
the Tenant/Purchaser hereby ready to pay
the excess amount in accordance with the rate as
specified under Clause No.-1 hereinabove and be it also
specified that the SHOP, which measuring
an area of 100 (one hundred) Sq. Ft.
Carpet area that particular SHOP must be the facing
towards West side of the building at College Row and the same
SHOP must be consist
by width not less than 9’ (nine fit) to 10’
(ten
fit) and therefore, it is the responsibility of the First Part herein to enforce
the
building plan in accordance with said subject
matter and under any circumstances the differentiate of such area will not acceptable
by the Tenant/Purchaser and the First Part hereby also confirming
that the
First Part will provide the said two shops to the Second
Part
herein considering
such subject;
5.
THAT after completing
foundation it is the duty and responsibility of the First Part herein
to complete the SCHEDULED-B below property and provide
the possession
to the Second Part
herein to that respect by completing
the registration in connection thereof, because of the fact that the
Second Part herein under continuation of business and the
place and location of such business is one of the major factor;
6.
THAT
the First Part hereby confirms and undertakes that the proposed building will
be constructed within 24 (twenty four) months from the date of receiving the
building plan to be sanctioned by the Kolkata Municipal Corporation before that
after execution of these presents within 15 (fifteen) days the Second Part will
vacate their occupied portion to the First Party to enable them to demolish the
existing structure and to submit the building plan for sanctioned before the
appropriate authority. The First Part confirm and undertake that by no reason
maximum 6 (six) months’ time will be over in between vacating the occupied
portion by the Second Part and obtaining sanctioned building plan by the First
Part.
7.
THAT
the First Part hereby undertakes and confirms that they will bear the rentals
in the shifted place towards alternate accommodation for running the business
by the Second Part for a period of 30 (thirty) months and sum total of rentals
of 30 (thirty) months will be paid to the Second Part by the First Part at one
go. Accepting circumstances beyond the control of human being time is essence
of this Contract. However, a maximum period of additional 3 (three) months’
time can be provided to the First Part for handing over vacant possession to
the Second Part subject to payment of rentals for the said three months by the
First Part to the Second Part. Further the First Part agrees to pay shifting
charges and advance to the Second Part for their alternate accommodation to run
their business, in the new place so long the new construction in terms of sanctioned
building plan is made and handed over to the Second Part.
8.
Be
it
specified that the monthly rent will be paid by the First Part herein in favour
of the Second Part herein and/or in favour of the Landlord/Landlady at a time
for a period of 30 (thirty) months and if required further again considering as
referred hereinabove. Be it also specified that the separate accommodation of
the Second Part herein must be within the range of 300 (three hundred) mtr. of
present Tenanted Shops (second part herein). Under any circumstances the First
Part herein including Landlord/Landlady shall have no right and authority to
evict the Second Part herein from the new sub-tenancy, wherein the Second Part
herein accommodated by the First Part herein under sub- tenancy temporarily,
subject to the provision until and unless the Second Part herein will be
re-accommodated in the property as referred and/or specified under this
agreement of the proposed building, being premises known and numbered as 33,
College Row, Northern Division of the town of Calcutta (Kolkata) under Holding
No. 328 in Block No. VIII of Ward No. 040 within the local limits of Kolkata
Municipal Corporation under Assessee No. 110400700497 and considering all of
the aspect all of the liability and/or responsibility of such shifting as well
as such sub-tenancy completely depends upon the First Part herein. It is also
hereby specified that such sub-tenancy hereby arranged by the First Part herein
and considering written request of the First Part herein – the Second Part
herein shifting their business in the sub-tenancy and therefore, in connection
of such sub-tenancy if any type of harm will come then the loss of injury shall
have to be compensated by the First Part herein in favour of the Second Part
herein, on appropriate communication thereof;
9.
THAT the First
Part herein will
pay the entire shifting charges to the Second Part
herein with
a view to shift
his business in other place for the time-being and therefore,
the First Part
will pay initially the total shifting charges, which will confirm by
the Second Part
herein and also the Owner/Developer will pay the monthly
rent initially for a period of
30 (thirty) months at a time and/or one sort
before shifting and thereafter, also liable to pay (after 30 months) on monthly
basis in
favour of the
Tenant of the
Second Part herein and in default thereof it will be treated
as criminal offence and the Second Part shall
have every library to prefer proceedings before the competent
court
of law and the rent will be continued till such time
unless
the Purchaser will be re-accommodate
in
the SCHEDULED-B below property, subject to
the conditions
that
the Second
Part shall have to complete and/or to pay
the due consideration
in
favour of
the
First Part herein
in favour of the Second Part herein at
a time for a period of 30 (thirty) months
and if required
further again
considering as referred hereinabove. Be it also specified
that
the separate accommodation must be within the range of 300
mtr. of
present Tenant
Shops;
10.
THAT
the First Part hereby agrees that if the new construction and subsequent
handing over of possession in the new construction is not completed within the
specified time as mentioned, herein above, the First Part will be bound to pay
compensation @ Rs. 2,000/- (Rupees Two Thousand) only, per day to the Second
Part considering the existing occupation of the Second Part for their business,
which is the livelihood of the Second Part
11.
THAT
the entire
registration cost will be paid by the Second Part herein and such registration will
be routed through with the Purchaser's Advocate
and to that effect the First Part shall have no right and authority to insist
and/or to
force the
Second Part
for any activation through any other legal practitioner and
the decision
in this subject totally
depends upon the Second Part herein;
12.
THAT
if so required the Purchaser shall have the
right to take loan from any financial institution
or Bank
at their own
risk the
purpose of purchasing said scheduled
below property
and the Vendors have no objection for the same and also have no liabilities and/or
responsibilities to the subject matter whatsoever and to
that effect the First Part herein shall
have to co-operate
with
the Purchaser duly provide all of the relevant deed and documents to the Purchaser
herein
and to
is mandate in part of the Purchaser to clear all due payment in terms of these
presents to the First Part herein;
13.
THAT
the Purchaser shall have to pay the committed amount as well as all of the due consideration
within
30 (thirty) months from the date of execution
of these presents and/or at the point of time of execution
of proper Deed of Conveyance in respect of the Scheduled-B
property as referred hereunder ;
14.
THAT the
expenses of registration of proper Sale Deed/Deed of Conveyance
in accordance with the norms of the State
Government
in
respect of the said scheduled below property shall
be borne by
the Purchaser
exclusively
and as such in addition to aforesaid total consideration (under
Clause No.-1) the Purchaser have to pay Registration fees including Stamp Duty, Advocate
fees, etc. to the Purchaser's nominated Advocate at the time of execution and/or registration
by cash and the date of registration
of proper
Sale Deed/Deed of conveyance
will be fixed and informed by the Purchaser by considering the terms of this
Agreement. The assessment of the Registrar shall
be final and conclusive and entire expenses of Registration
of Proper Sale Deed/Deed of Conveyance will be
determined according to the assessed
value, which
is conclusive one;
15.
THAT it is the liability
and responsibility of the First Part herein to handover all
of the
photo copy of deeds and documents and/or
registered instruments i.e. the deed, pre-link
deeds,
tax receipt, Completion Certificate of the said building premises, etc. of the
said landed property and/or scheduled below property in favour of
the Purchaser herein at the point of time
of execution of proper registration;
16.
THAT
the First
Part herein shall have no right and/or authority to engage themselves with any
of contracts and/or agreements in any
manner whatsoever
with
any third party or parties as well as shall have
no right and authority to take any loan from any person/s
and/or any financial institution or Bank against of mortgaged Scheduled-B
below property as referred and in any event if any of such
act will come into existence then such will be treated as
criminal offence in part of the First
Part
herein;
17.
THAT the
Purchaser shall pay the arrears of the
consideration money or price payable by him
either through
Bank or from
personal account
before registration
of the said
Scheduled-B below property as mentioned under Clause
No. 1, subject to
the terms
as
stated in different clauses and if the Purchaser
fails
to pay the arrears as aforesaid to the Vendors within
prescribed period and/or on or before registration of the
proper Deed of Conveyance, the First Part reserve
the right
to
allot the said property to any other person/persons at their own
discretion after giving necessary intimation in writing to
the Purchaser
herein subject to the conditions that the salable property
must be ready in
habitable conditions But the Purchaser hereby undertake that
they will not make any delay to purchase the
same and the Purchaser hereby also declare that
they will
purchase
the same by clearing committed amount as well as all due
consideration
within 30 (thirty) months from the date of execution
of these presents as mentioned under Clause-1 as well as
by considering all other terms and
conditions of these present but the First Part shall
have no right
to claim any
other
consideration, save and except as specified herein and shall have no
right to allot
the said
property unto or in favour of any third party
or parties within prescribed period;
18.
THAT the
Purchaser will complete the registration in respect
of the
said
schedule-b below property within prescribed period by
clearing and/or paying all due consideration in respect of
the said property,
subject to the provision that the First
Part shall have to comply all contractual liabilities and in any
case First
Part will fail to act in terms of this agreement then Purchaser will not
be liable and/or responsible to complete registration within specified
time as stated hereinabove by clearing all due consideration and it is mandate
in part of the First Part herein to comply all contractual
liabilities as specified in these present;
19.
THAT the Purchaser hereby entered
these presents with a view to purchase the
property
as referred in the SCHEDULE-B
hereunder
written,
which is established under purview of SCHEDULE-A
property
as specified hereunder and Tenant/Purchaser
paid the earnest money in favour of the
First
Part herein by cheque and after debited as well as after compliance of
the terms of these presents Tenant/Purchaser
hereby liable to shift from the existing building;
20.
THAT it is recorded that
the Purchaser
not
inspected the deeds and documents and all the
papers of the First Part
relating to the said property and made themselves
fully conversant with the contents thereof
duly considered the oral commitment of the
First Part herein and have duly satisfied as to the
title of the First Part duly gone through the
photo copy
of Deed
as referred in these presents;
21.
THAT
the
schedule of payment of consideration
have
already confirmed
and
assured by the Purchaser and the
further balance payment have already been finalized and all
payments to be made as
per Paragraph
No. I
hereinabove mentioned or written
subject to the
provision that the First Part herein must
act in terms of
these
present. No escalation of the scheduled price of the schedule-b
below property
shall be
made under any circumstances whatsoever;
22.
THAT the
binding and/or
mandate in
part of the
First Part herein that the First Part shall have to provide vacate property
as determined two shops just after
completion of registration and in default
thereof
and/or
after expiry
of 30 (thirty) months, the First
Part shall have to pay damage @ Rs. 2,000/-
(Rupees two
thousand)
only per day
including
the
rent of temporary
accommodation, till such time until and unless the
First Part will
provide
possession in respect of SCHEDULE-B
below
property duly complete the registration in favour of the Purchaser/Tenant
and similarly
Purchaser
also
will liable to
pay the same
amount in
favour of the First
Part herein, if the Purchaser fail to pay the due consideration
within prescribed period as specified in these presents;
23.
THAT the
Tenant/Purchaser shall have no further claim and/or demand
from the
said proposed building SAVE AND EXCEPT SCHEDULED-B
below of
the
property,
which comes out
of the property
as referred
in the
SCHEDULE-A hereunder written in terms of the rate
as
prescribed in these presents and more so,
it is mandate in part of the
First
Part that
to take
proper care-so that, the Tenant/Purchaser
will not face any problem to
take any
loan from
any
financial institution and to that effect it is the
responsibility of the First
Part to
provide all of the legal documents in favour
of the
Tenant/Purchaser
as
well as also the responsibility
to comply
all of the
rules, regulations
and notifications, so adopted by the
Government of West Bengal and
after shifting of the Tenant/Purchaser from the existing
building, if in any manner First Part herein failed to
comply
such any
of the documents
under
such circumstances
the First
Part herein always
will be declared as
offenders and the Tenant/Purchaser shall have
the liberty to prefer proceedings before the competent
Court of
Law at the cost of the First Part herein;
24.
THAT
the First Part herein committed to the Second Part
herein that the First Part furnished the building plan to the
Kolkata Municipal corporation in manner that the First Part shall have
no problem
to provide the SCHEDULE-B property, so referred hereunder-in favour of
the Tenant/Purchaser and more so,
the First Part
herein also
committed that the First Part being as Owners, on
their own
will develop the
SCHEDULE-A below property without
appointing any third party/s and/or developer and
further, the area
as referred in
the SCHEDULE-B hereunder
as well as the cost of such area hereby
determine on negotiation and hence, considering such aspects the
Purchaser herein provide their 'NO OBJECTION' in
manner of Affidavit and therefore, the First Part herein
shall have
neither any
right to act by violating the terms of these presents nor have
any authority to deprive the Tenant/Purchaser with
a view to transfer the SCHEDULE-B below property by way of Sale;
25.
THAT the First
Part herein
hereby declaring and confirming that
before completing
the
building, firstly First Part will take full
initiative to complete the SCHEDULE-B below property and
handover the possession in favour of
the Tenant/Purchaser duly complete the registration
in connection thereof by receiving due consideration
in respect thereto;
26.
THAT all
payments are to be made either by Demand Draft
or Pay Order
or Account Payee Cheque (subject to realization
of
the
amount from the concerned Bank) in favour of the
First Part
herein or
as
agreed
upon and receipts granted for the same;
27.
THAT the
First Part herein shall have to provide physical
possession, free from all sorts of encumbrances in
favour of the Purchaser and also shall have to
execute proper
Deed of
Conveyance
in
favour of
the Purchaser
herein after receiving all payments from the Purchaser
herein
and the time is
the essence of this contract but such
time shall be enhanced or extended due to the
act of God
or any
unforeseen circumstances that is to say "FORCE MAJEURE” e.g.
flood,
earthquake, riot, storm, tempest,
civil common strike,
lock-out, epidemic and/or any other act of
commission, which is or shall be beyond control either of
the party
herein;
28.
THAT all letters,
receipts and notice issued and/or dispatched by the
First
Part herein under Speed Post with
A/D
or Registered
Post covered with A/D and/or by hand delivery to the
address of the Purchaser as
informed by
the Purchaser
shall
be
considered as sufficient proof of the receipt of the same
and shall effectually discharge
by the First Part herein and vice-versa and
in any
event if the address will by changed either of
the party
then in
such case the concerned party shall have to inform the same to
the other
party;
29.
THAT even
comply of contractual liabilities of these presents
by the
Purchaser
herein, in case the First Part herein fails and/or neglects
to
deliver the vacant possession of the said property to the Purchaser and/or
fail or
neglect to
execute
necessary Sale Deed and/or
Deed of
Conveyance in favour of the Purchaser or as
the case may
be then in that case Purchaser
shall have
the
liberty to
file suit
under the
Specific Performance of Contract Act
against the First Part herein and the similar right
shall
have the First Part against the Purchaser
of non-performance
of contractual duties and/or liabilities by the part of the
Purchaser
i.e. vice-versa;
30.
THAT in case
of death or accident if any, either, of the party-the legal heirs
and successors
shall be
substituted
in such place and the legal heirs shall abide by the same
terms and
conditions
as laid down in these present and the First Part will act accordingly without
demanding
any
extra amount
from the Purchaser herein and similarly Purchaser is also bound
to act in these presents and also
liable to pay the due consideration only-nothing more than that;
31. ARBITATION CLAUSE:
THAT the First
Part and the Purchaser, both of the parties hereto declare
and confirm
that each of
them
shall observe their respective duties and liabilities and
obligations under this agreement. If
any difference
or
dispute shall arise
among the parties hereto then the same shall
be settled mutually and if the dispute is not
possible
to be
settled mutually then each of the parties and/or
either of
the Parties
will appoint Arbitrator
or
Arbitrators and the decisions of
the said
Arbitrator or Arbitrators shall be final
and
binding upon the parties and this Arbitration Clause
shall be followed as per the provisions as laid
down in the Arbitration Conciliation Act 1996, In this connection
it
is to be mentioned that this clause shall cease upon after execution
of proper
sale Deed and/or
Deed of Conveyance
including the delivery of possession
by the
First Part
to the Purchaser
herein.
SCHEDULE-A
AS ABOVE REFERRED TO:
(THE DESCRIPTION
OF SAID LANDED PROPERTY)
(INCLUDING BUILDING
ALL
THAT proposed multi-storeyed building
over and above piece and parcel of landed
property
measuring
an area
of 03 (three) Cottahs 13 (thirteen)
Chittacks 27 (twenty-seven) Sq. Ft. more or
less, being
Premises known as 33, College Row, Northern
Division of the town of Calcutta
(Kolkata) under Holding No. 328 in Block No. VIII
of Ward
No. 040
under Assessee
No. 110400700497
within the local limits of Kolkata
Municipal Corporation, under the State of West
Bengal within
the territory of India, butted
and bounded
as follows:
ON
THE NORTH BY : 58/1, College Street.
ON THE SOUTH BY : College Row.
ON
THE EAST BY : 32, College Row.
ON
THE WEST : 34, College Row.
SCHEDULE-B
ABOVE REFERRED TO:
(THE DESCRIPTION OF THE SAID SHOPS)
ALL
THAT ONE
SHOP admeasuring
measuring Carpet area of 100 (One Hundred) Sq. Ft. Carpet area
towards West side of the building facing main road namely,
College Row which
consist
by width
not less than 9 (nine fit) to 10
(ten fit) and
said shop
is (subject to the provision of the egress and
ingress of
another shop
by using
landing)
of the
proposed building, located at Ground Floor of the
proposed building, being Premises Known
as 33, College
Row, Northern Division
of the town
of Calcutta
(Kolkata) under Holding No. 328 in
Block No. VIII
of Ward No. 040
within the local
limits of the Kolkata Municipal
Corporation under Assessee No. 110400700497
including
all
common rights
amenities
and facilities
mentioned in the SEHEDULE-C hereunder written together with
undivided impartible proportionate share of the land on
which the said building is under
construction mentioned in SCHEDULE-A hereinabove
and the property itself i.e.
One shop
room measuring carpet
area of 100 (one hundred)
Sq. Ft.,
which butted and bounded
as follows:
ON THE NORTH BY : Stair
and
landing as confirmed by the owners/developer.
ON THE
SOUTH BY :
College Row.
ON THE EAST BY : Vacate area of
the building
as confirmed
by the
owners/developer.
ON THE WEST
BY :
Passage confirmed by the owners/developer.
SCHEDULE-C
ABOVE REFERRED TO:
(THE DESCRIPTION OF COMMON PARTS &
PORTION)
(INCLUDING COMMON AMENITIES AND
FACILITIES)
1.
Common passage on
the ground
floor.
2.
Common Toilet and Privy
on the
Ground
Floor with
the
provision of one tap point.
3.
Drainage and sewerage.
4.
Boundary wall and main gates.
5.
Space for Electric
Meter installation
for the said shops.
6.
Such other equipment,
installations, fixtures, fittings and spaces in
or within
the same
building
comprised within the said premises
as are necessary
for passages to the users and
occupiers
of the Shops/Flats.
SCHEDULE-D
ABOVE REFERRED TO :
(THE DESCRIPTION OF THE SPECIFICATION
OF WORK)
(WITH MATERIALS OF THE SAID FLAT)
1. Structure :
Foundation will be with R.C.C. Column in isolated base
foundation suitable for construction
of
the building and the tie beams are also provided below ground
level linked
with column
each other
supported
by the
approved
plan.
2. Super Structure : This will be R.C.C.
Column connected with R.C.C. beams to each other frame structure
including 4" thick R.C.C. roof structure. Height
from Floor level to roof level minimum 91/2
(without flooring).
3. Brick work : All
external brick work will be 10" (ten
inches) thick with A-Class approve quality bricks in 1:6
(C.M.) and all internal brick work will be 3
& 5" thick with same class bricks in 1 : 4
(C.M.).
4. Plaster : All walls to be cement plastered
(1: 5) and ceiling plastered (1)
punning
with plaster
of paris
to the
inside walls
of the units
and the
outside wall will have 3/4"
thick
average and plaster in ceiling will be 1/2"
thick
average.
5. Wall finishing : Outer
wall of the building will be painted by snow cem compound or weathersheld.
6.
Flooring : Floors will
be completed
with
marble.
7.
Bathroom : Common-with nit
cemented.
8. Door/Window : Gate
will be covered with Shutter and the room must be with the provision of 2
Windows.
9. Electrical : All Electrical wiring shall be made in conceal
by providing 3 (three) points.
10. Water outlet : Building shall be completed with all out let
pipes and system rain water pipes.
Apart from the above work specification any extra works
shall be of extra costs subject to the conditions
that to intimate
to the Developer before completion of the work as specified.
IN
WITNESSETH WHEREOF the
Owners
and the
Purchaser have hereunto set and subscribed
their respective signatures on the
day, month and year First above written.
1.____________________________
2._____________________________
3._____________________________
SIGNATURE OF THE OWNERS
________________________________
SIGNATURE OF THE PURCHASER
WITNESSES
;
1.
2.
Drafted & Prepared by;
Ashok Kumar Singh, Advocate
High Court Bar Association Room No. 15,
High Court Calcutta
Mobile Number : 9883070666 / 9836829666
Email : aksinghadvocate@rediffmail.com
MEMO OF CONSIDERATION
RECEIVED RS. 15,000/- (RUPEES
FIFTEEN THOUSAND) ONLY IN MANNER AS STATED HEREUNDER OUT OF TOTAL CONSIDERATION WORTH
OF Rs. 1,80,000/- (RUPEES ONE LAKH EIGHTY THOUSAND) ONLY IN RESPECT OF THE SAID SHOP AS SPECIFIED IN THE
SCHEDULE-B WRITTEN HEREINABOVE:
I, SRI SATYAJIT SANYAL RECEIVED RS. 5,000/- (RUPEES FIVE
THOUSAND) ONLY BY CHEQUE BEING NO…………. DATED …………...2021 WITH DRAWEE BANK NAMELY, …………………………….KOLKATA.
______________________________
SIGNATURE
OF THE OWNER NO. 1
I, SRI SARBAJIT SANYAL RECEIVED RS. 5,000/- (RUPEES FIVE THOUSAND) ONLY BY CHEQUE BEING NO………….. DATED …………2021 WITH DRAWEE BANK
NAMELY,…………………………..KOLKATA.
______________________________
SIGNATURE
OF THE OWNER NO. 2
I, SRI PRASENJIT
SANYAL RECEIVED
RS. 5,000/- (RUPEES
FIVE THOUSAND) ONLY BY CHEQUE BEING NO………….. DATED ………. WITH DRAWEE BANK
NAMELY,………………………………….KOLKATA.
______________________________
SIGNATURE OF THE OWNER NO.3
WITNESSES:
1.
2.
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