DEED OF LEASE
THIS INDENTURE OF LEASE
is made on the day of July, 2023 (Two
Thousand Twenty Three) of the Christian era;
B E T W E E N
SMT. TAPATI MUKHERJEE (PAN
: DUSPM5137D) ( AADHAR : 967145772377),
Wife of Late Dipankar Mukherjee, residing at Premises being no. 3/97, Bibeknagar,
Post Office Santoshpur, Police Station – Garfa, Kolkata – 700075, for the purpose of brevity hereinafter
referred to as the “LESSOR”
(which expression shall unless excluded by or repugnant to the subject or
context be deemed to mean and include her heirs, executors, administrators,
representatives, nominees and/or assigns) of the FIRST PART.
A N D
MUKTACHINTA, (PAN : AAITM6821F) a Trust in terms of
The Indian Trust Act, 1882, with Object to promote science and technology to
improve life and working condition of common people, to popularize science
through demonstration program, book publication and digital publication, social
media campaign etc. against superstation and astrology, etc. as envisaged in Deed
of Public Charitable Trust, which registered in Book No. IV, Volume number
1901-2023, Pages from 4340 to 4368 Being No. 190100153 for the year 2023,
registered in the Office of the Additional Registrar of Assurance – I, Kolkata,
West Bengal, having it’s Office at Premises being No. L/1/2, Vidyasagar Colony,
P.O. – Naktala, Police Station – Netajinagar, Kolkata – 700047, represented by
a Trustee SRI UJJAL MAJEE, (PAN :
AESPM6050Q) (AADHAR : 390219630906), residing at Premises being no. 1A,
Alochhaya Apartment, 79, Rishi Rajnarayan Road, Purbasha Complex, Badamtala,
Brahmpur, Police Station – Bansdroni, Post Office – Brahmapur, Kolkata –
700096, District South 24 Parganas, hereinafter called and referred to as the “LESSEE” (which terms or
expression shall unless excluded by or repugnant to the context or subject be
deemed to mean and include its Trustee, executors, administrators, legal
representatives, nominees and/or assigns) of the SECOND PART.
WHEREAS
the party of the First Part is the owner of the self-contained residential without lift a flat of 216 sq. feet carpet area measuring 18"x 12" along
with a W/T
and a Kitchen at ground floor just after the
shops of the building premises from 50% share of the Developer's
Allocation which build up on the land measuring about 3 (three) cottahs 2 (two)
chittaks 30
(thirty) square feet be
the same a little more or less lying and
situate at Mouza-Raipur under C S
Dag No.877(P) & 878(P), being KMC
premises no.
L/1/2 Vidyasagar Colony and Assesse No. 23-099-05-0437-4 PS: Netaji Nagar under KMC ward no. 99, together with common
areas, amenities, including all
fixture and fittings to the said building mentioned in
the
land measuring an area of 03 (three) Cottahs, 2 (two) Chittaks, 30
(thirty) Square feet, in C.S. Plot No. 877(P), 878(P), J.L. no. 33, Moua –
Roypur, lying and situated at K.M.C. Premises No. L/1/2, Vidyasagar Colony,
Post Office – Naktala, K.M.C. Ward no. 099, Assessee No. 23-099-05-0437-4,
Police Station – previously Jadavpur, presently Netaji Nagar, Kolkata – 700047,
District : South 24 Parganas, which has been purchased by
way of Deed of Conveyance dated _____2023, which registered in the Office of
the ADSR, Alipore, South 24 Parganas, registered in Book No. I, Volume Number
__________, Pages from _____to ______, Being Number __________, for the year
2023.
AND
WHEREAS the party of the SECOND PART, the “LESSEE” is a Trust in terms of
The Indian Trust Act, 1882, with Object to promote science and technology to
improve life and working condition of common people, to popularize science
through demonstration program, book publication and digital publication, social
media campaign etc. against superstation and astrology, etc. as envisaged in
Deed of Public Charitable Trust, which registered in Book No. IV, Volume number
1901-2023, Pages from 4340 to 4368 Being No. 190100153 for the year 2023,
registered in the Office of the Additional Registrar of Assurance – I, Kolkata,
West Bengal, having it’s Office at Premises being No. L/1/2, Vidyasagar Colony,
P.O. – Naktala, Police Station – Netajinagar, Kolkata – 700047, represented by
a Trustee SRI UJJAL MAJEE, (PAN : AESPM6050Q) (AADHAR : 390219630906), residing
at Premises being no. 1A, Alochhaya Apartment, 79, Rishi Rajnarayan Road,
Purbasha Complex, Badamtala, Brahmpur, Police Station – Bansdroni, Post Office
– Brahmapur, Kolkata – 700096, District South 24 Parganas,
AND
WHEREAS the Lessee
is interested in obtaining premises from the Lessor on lease basis, inter alia,
for the purpose of promoting its objects to the public at
large on facilitating the schedule premises. The Lessor has represented to the
Lessee that she is the absolute and bonafide owner, has a clear and marketable
title and is legally entitled to lease out the the self-contained residential without lift a flat of 216 sq. feet
carpet area measuring 18"x 12" along
with a W/T
and a Kitchen at ground floor just after the
shops of the building premises from 50% share of the Developer's
Allocation which build up on the land measuring about 3 (three) cottahs 2 (two)
chittaks 30
(thirty) square feet be
the same a little more or less lying and
situate at Mouza-Raipur under C S
Dag No.877(P) & 878(P), being KMC
premises no.
L/1/2 Vidyasagar Colony and Assesse No. 23-099-05-0437-4 PS: Netaji Nagar under KMC ward no. 99, together with common
areas, amenities, including all
fixture and fittings to the said building mentioned in
the
land measuring an area of 03 (three) Cottahs, 2 (two) Chittaks, 30
(thirty) Square feet, in C.S. Plot No. 877(P), 878(P), J.L. no. 33, Moua –
Roypur, lying and situated at K.M.C. Premises No. L/1/2, Vidyasagar Colony,
Post Office – Naktala, K.M.C. Ward no. 099, Assessee No. 23-099-05-0437-4,
Police Station – previously Jadavpur, presently Netaji Nagar, Kolkata – 700047,
District : South 24 Parganas, (“Demised Premises”),
more particularly described in the Schedule “B”. Based on the written as well
as oral representations, assurances and warranties of the Lessor, the Lessee
has accepted to take on lease the Demised Premises together with all rights,
easements and appurtenances attached thereto, including the right to use the
common areas and facilities etc., along with the right of ingress and egress to
all common areas, and the Lessor has agreed to give on lease the Demised
Premises as per detailed terms and conditions as contained in this Lease Deed.
NOW THIS
LEASE DEED WITNESSTH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO
AS FOLLOWS:
1. LEASE
1.1
The Lessor
hereby grants to the Lessee and the Lessee hereby accepts on lease from the
Lessor, the Demised Premises for carrying on its Public Charitable objects or
such other activities as it may deem fit, without any hindrance by the Lessor.
1.2
The Lessor
has handed over the physical vacant peaceful possession of and granted access to
the Demised Premises to the Lessee simultaneously on the signing of this Lease
Deed and the Lessee may immediately commence and carry out all types of Social
permissible activities and promotion of Science, etc., in the Demised Premises
as per its sole discretion and requirements from time to time.
2. TERM
This Lease Deed is for a period of 30 (Thirty) years commencing from 31.07.2023
to 31.07.2053 (“Term”). Any renewal, after the expiry of the Term, shall
be with the mutual consent of the Parties. At each renewal, a fresh lease deed
shall be executed, stamped and registered, on such terms and conditions as
mutually agreeable to both the Parties.
3. RENT
3.1 In consideration of the Lessor granting on lease the Demised Premises
to the Lessee, the Lessee has agreed to pay the Lessor a monthly rent of Rs.50/-
(Rupees Fifty only) (“Rent”), commencing from 31.07.2023. The period
from 31.07.2023 to 31.12.2023, shall be Rent free period. The Rent shall be
increased by 10 % at the expiry of every 5 (Five) years, over the last paid
Rent. The Rent shall be payable monthly in advance by the 10th day of each
English calendar month vide Cheque/Demand Draft/Bank Transfer in favour of the
Lessor. The Rent shall be payable in the name of “TAPATI
MUKHERJEE” subject to tax
deductible at source, if applicable under the Law. The Rent would be inclusive
of all present and future taxes, including property taxes, municipal taxes or
any other statutory taxes that may be levied by the State / Central Government.
Further, the Lessor shall furnish to the Lessee, the receipts towards the
payment of Rent. The Lessor agrees and undertakes to complete all the
registration formalities simultaneously with the execution of this Lease Deed
and in any case within 30 days from the date of execution failing which the
Lessee shall be entitled to withhold the Rent till the Lease Deed is registered
and this will not amount to breach of Rent payment obligation of the Lessee.
3.2 Any claim pertaining to non-receipt of Rent and/or loss of instrument/TDS
certificate has to be lodged by the Lessor within 6 months from the end of the
quarter in which the obligation was due to be discharged by the Lessee. The
Lessee shall not be held responsible by the Lessor for any claim made by the
Lessor beyond this period.
4.
COVENANTS OF THE LESSOR
The Lessor
covenants with the Lessee as follows:
4.1 The Lessor hereby permits the Lessee to promote the objects of Public
Charitable Trust and Promotion of Science.
4.2 The Lessor expressly grants the Lessee the permission to
lease/rent/grant the promotion of Science and entities (“Associates”)
and to enter into an agreements with the Associates, who shall provide or
intend to provide promotion of Science services. Further, the Associates shall
be entitled to use in the Demised Premises. For the limited purposes of this
Lease Deed, all such Science promotion etc. shall be deemed to be the Public
Charitable Trust of the Lessee. No additional permission shall be required nor
any objection shall be raised by the Lessor, at any point of time, for the
above purpose, nor shall the Lessee or the Associates be liable to pay any
additional compensation/ fees or other charges whatsoever. In the event, the
use of the Demised Premises by the Associates, is considered to be a sub-lease,
by any interpretation of law, then the permission of the Lessor to create such
a sub-lease shall be deemed to have been given in express and explicit terms
and the Lessee shall not be required to seek any further consent from the
Lessor. The Lessor shall have no objection for the transfer of the leasehold
rights of the Lessee on account of the Lessee’s merger, amalgamation, takeover,
re-structuring or any other re-arrangement, and the terms of this Lease Deed
shall continue.
4.3 The Lessor hereby grants unconditional and unrestricted permission to
the Lessee, Associates to whom the Lessee has permitted to use the Science
promotion, its members, trustee, and to its associates etc. (“Lessee’s
Representatives”) to engage the services of Office Bearers, Professors,
Scientists, employees, authorized personnel, security guards, caretakers and
other service providers etc., (“Third Party”) to promote the Science in
Society at Public at Large, that may be required from time to time at their own
expense and cost. The Lessor hereby provides unhindered ingress and egress, to
the Lessee, Lessee’s Representatives and Third Party Services, who shall be
entitled to visit with Research Work, thesis, notes, articles, etc. and to use
the same on the Demised Premises. The Lessor has also permitted the Lessee and
Lessee’s Representatives to display logos, signage, glow signs, hoardings etc.
on the Demised Premises at no extra cost whatsoever. The Lessee shall have the
option to assign this Lease Deed in favor of any of its holding/
subsidiary/affiliates/sister concerns, Trust, Scientist, etc. on the same terms
without the consent of the Lessor.
4. 4 The Lessee shall be entitled to an uninterrupted, unobstructed and
unhindered access to and peaceful enjoyment of the Demised Premises, 24 (twenty
four) hours a day, 7 (seven) days a week, throughout the Term of the Lease
Deed. Notwithstanding anything to the contrary contained herein, if there is
any interruption or disturbance in the peaceful enjoyment of the Demised Premises
for any reason whatsoever, no Rent or any other outgoings shall be payable by
the Lessee to the Lessor for the period of interruption or disturbance.
4.5 In case the Lessor or any third party, causes any hindrance or
restriction or objects to the entry of the Lessee or Lessee’s Representatives,
or in case of any dispute with other occupants/ residents of the
Building/premises or neighbourhood, the Lessee shall intimate the Lessor about
the same and the Lessor shall immediately remove or cause to be removed all
such obstructions, hindrance, interference, failing which the Lessor shall be
liable to pay losses on actuals, if any, suffered by the Lessee or Lessee’s
Representatives. Further, in the event, any consent is required from any
neighbour or any other occupant of the Building or the Residents’ Welfare
Association, then the same shall be promptly obtained by the Lessor at its own
cost.
4.6 The Lessor shall extend all co-operation and facilities to the Lessee
and to do all that is necessary to facilitate the Lessee in obtaining all
clearances/certificates/permissions/ sanctions as may be required from all
statutory, government and municipal authorities, from time to time. In case the
Lessor is required to appear before any authority for obtaining any permission,
sanction, NOC etc., he shall appear as may be necessary, upon intimation being
given by the Lessee and shall give required NOC whenever so requested by the
Lessee.
4.7 If any renovation, repair, construction etc. is required to be carried
out by the Lessor on or around the Demised Premises, the Lessor shall serve a
notice in writing at least 30 (thirty) days prior to such commencement, to the
Lessee. The Lessor and the Lessee shall in good faith discuss and agree on the
measures to be taken by the Lessor for the protection. The Lessor shall, at all
times, ensure that any such repair, maintenance or renovation etc. does not
disrupt or damage in any manner whatsoever. The Lessor shall not ask the Lessee
to shift or relocate to any other place. The Lessee shall be entitled to post
its own security guard(s) at such place, in or around the Demised Premises, as
may be necessary.
4.8 The Lessee shall not be liable to pay any Rent in the event, the
Demised Premises, or any portion thereof becomes unusable due to Force Majeure
(defined hereinafter), or due to any action/order of any court or tribunal and
act of third party. Further, the Lessor shall ensure that no hindrance is
caused for any reason whatsoever during the construction of the cell site and
thereafter during the continuance of the lease including uninterrupted,
unobstructed and unhindered access to the Demised Premises at all times to the
Lessee/ Lessee’s Representatives etc., however, in case of any default on part
of the Lessor to adhere to any of the above conditions, the Lessee shall not be
obliged to pay any Rent for the such period the said default exists.
4.9 The Lessor shall indemnify and keep indemnified the Lessee and
Lessee’s Representatives from and against any and all claims, demands causes of
action, obligation, litigation, liability, loss, damage, cost and expenses
incurred or sustained by reason of or arising out of (i) any breach or alleged
breach by the Lessor of terms of this Lease Deed; or (ii) due to any action or negligence
on the part of the Lessor; or (iii) violation by the Lessor of any statute,
law, rule, bye law, notification or direction issued by Central, State or Local
Authorities.
4.10 The Lessor shall bear all taxes past, present and future, including property
taxes, fees and other Government or statutory levies in relation to the Demised
Premises, failing which, the Lessee shall be entitled to pay such amount and to
deduct the same from the Rent and shall furnish proof of such payment to the
Lessor. The Lessor shall keep the Demised Premises adequately insured at its
own cost. If any of the Party fails to take insurance of their own premises/
assets or equipment then it will not hold the other Party responsible for any
loss or damage suffered due to such non-insurance.
5.
COVENANTS OF THE LESSEE
The Lessee
covenants with the Lessor as follows:
5.1 To pay to the Lessor the monthly Rent, as per the terms of this Lease
Deed. The Lessee shall also pay the charges for electricity and water,
consumed/availed in the Demised Premises, based on actuals. The Lessor shall
provide separate electric meters for the purposes of the Lessee. The Lessee may
apply for, obtain and install its requirement of power directly from the
concerned electricity authorities in its name or in the name of any nominee.
The Lessor shall for the aforesaid purpose allow the employees/worker of the
concerned electricity authorities or any other agency to carry out the work of
installation of the electric meters or any other necessary equipment. For this
purpose the Lessor shall provide required NOC’s etc., sign all papers and
provide all other assistance required.
5.2 To clear all dues including electricity dues, water dues, which are
payable by the Lessee under this Lease Deed before handing over the vacant and
peaceful possession of the Demised Premises to the Lessor.
5.3 In the event, the Demised Premises is attached due to non-payment of
any dues by the Lessor, then the Lessee shall be entitled to pay the Rent to
the concerned government authority, which shall be regarded as the compliance
under this Lease Deed, and the Lessee shall not be liable to pay the Rent to
the Lessor.
6.
REPRESENTATIONS AND WARRANTIES
The Lessor
represents and warrants as follows:
6.1 There is no impediment/s whereby the Lessor is restrained from
entering into / performing its obligations under this Lease Deed. The Lessor
represents that she is the legal, rightful and absolute owner of the Demised
Premises and is fully authorized and entitled to enter into this Lease Deed and
grant the Demised Premises on lease to the Lessee.
6.2 The Demised Premises are free from all restrictive covenants,
lispendens, acquisition and requisition proceedings, minor’s claims, mortgage,
lien, charge, or claims or encumbrances of any other nature whatsoever.
6.3 The Lessor shall provide all necessary documents and extend all
necessary co-operations, assistance as required by the Lessee from time to time
to obtain licenses from the concerned authorities to operate the social activities
from the Demised Premises. The Lessor further represents that all necessary
permissions/sanctions / approvals from the concerned authorities have been
obtained for the Demised Premises, and that the Demised Premises is not
prohibited from being used as per the requirement of the Lessee, and the Lessor
further agree to indemnify and keep indemnified the Lessee, its trustee,
employees, agents etc., against all actions, claims, demands, proceedings,
expenses, damages, recoveries, judgments, costs, charges etc. by reason of any
action or proceedings, commenced or instituted in respect of Demised Premises,
which may render the occupation of the Demised Premises by the Lessee for the
purposes of it's social activities as aforesaid as unlawful and as a
consequence of which the Lessee may be compelled to vacate the Demised Premises
during the Term of the Lease Deed.
6.4 The Lessor has and shall continue to comply with all laws, bylaws,
rules, regulations, orders, notifications, directions, conditions of the
Government whether Central, State, Local or Municipal with respect to the said
Demised Premises during the Term of this Lease Deed.
6.5 All taxes with respect to the Demised Premises have been paid by the
Lessor, till date and the Lessor does not have any liability for any
past/accumulated taxes, or any interest or penalty in respect thereof, of any
nature that may be assessed against Lessee or become a lien against the Demised
Premises.
6.6 In case where Lessee incurs any loss due to misrepresentation by the
Lessor in mainly any of the above representations and warranties, the Lessor
shall indemnify and will always keep indemnified the Lessee, its trustee,
employees, agents etc., against all costs of shifting, replacement and
relocation etc. to any other similar premises and any other cost, loss or
damage.
The Lessee
makes the following representations and warranties:
6.7 The Lessee is an entity duly incorporated and validly existing in
accordance with the laws of India and has full authority to enter into this
Lease Deed.
6.8 The execution of this Lease Deed is not prohibited by its constituent
documents nor will its execution contravene provisions of any applicable law or
agreement or document to which it is a party.
7.
RESTRICTION ON TRANSFER
It is
hereby agreed between the Parties as follows:
7.1 The Lessor shall not transfer, directly or indirectly the Demised
Premises in favour of any competitor of the Lessee engaged in providing Science
promotional services similar to that of Lessee.
7.2 In the event the Lessor mortgages/transfers/conveys all or any
portion of the Demised Premises, or the Land/Building thereof, to a third party
and/or the Demised Premises and/or any portion thereof gets
conveyed/transferred by contract, operation of law and/or by order of any
court/authority, or any other obligation of the Lessor, to a third party such
transfer/conveyance shall be subject to this Lease Deed and shall recognize and
accept the right(s) of the Lessee and upon the transfer/conveyance having been
completed, the transferee shall step into the shoes of the Lessor and all the
rights and liabilities of the Lessor shall automatically devolve on the
transferee. The terms and conditions of this Lease Deed shall remain valid and
enforceable with such third party. Such clause shall be incorporated in
sale/conveyance deed, etc. between the Lessor and said third party. Further,
all deposits made by the Lessee to the Lessor under this Lease Deed, shall be
deemed to be the deposits made to such transferee of the Demised Premises. The
Lessor hereby assures the Lessee that before effecting any transfer of the
Demised Premises or any part thereof to a third person, they shall procure from
such transferee a letter of confirmation and acknowledgement, confirming the
transferee’s acceptance of the terms and conditions of this Lease Deed and also
its taking over all the rights and obligations of the Lessor as stated in this
Lease Deed. However, the Lessor shall not transfer the property for a period of
5 (five) years, without the prior written consent of the Lessee.
8. FORCE
MAJEURE
8.1 If at any time during the Term of the Lease Deed, the Demised
Premises is destroyed or damaged by acts of god, tempest, flood, earthquake or
any other means like fire or riot, civil or military action, war, caused not
due to any acts of commission, omission or negligence of the Lessee (“Force
Majeure”), so as to become unfit for occupation or use, the Lessor hereby
undertakes to carry out the necessary repairs within 15 days of the occurrence,
and no Rent and other outgoings shall be paid until the Demised Premises shall
have again been rendered fit for occupation. Additionally, the Lessee shall
have the option to terminate this Lease Deed by giving a 15 (fifteen) days written
notice.
8.2 Neither Party shall be liable to the other Party for failure to
perform its obligations hereunder due to the occurrence of any event beyond the
control of such Party and affecting its performance including, without
limitation, governmental regulations, orders, administrative requests, rulings
or orders of Government Authority of India , judicial orders and Force Majeure.
9.
TERMINATION
9.1 The Lessee shall have the right to terminate this Lease Deed in the
event the Lessor commits a material breach of any of the terms and conditions,
its representations, warranties and covenants of this Lease Deed and fails to
remedy the breach within 30 (thirty) days after receipt of the Lessee’s written
notice in respect thereof.
9.2 The Lessee may, at any time after giving 1 (one) months' notice,
terminate this Lease Deed without assigning any reasons, notwithstanding
anything to the contrary contained herein.
9.3 In the event, the Lessee fails to pay to the Lessor, the Rent,
consecutively for a period of 3 (three) months, then the Lessor shall be
entitled to terminate this Lease Deed, after providing a notice of 30 (thirty)
days to the Lessee and the Lessee failing to cure the breach within said 30
days. Except for the aforesaid reason, the Lessor does not have any right to
terminate this Lease Deed in any circumstances whatsoever.
9.4 The Lessee shall handover the physical possession of the Demised
Premises to the Lessor on the expiry or earlier termination of this Lease Deed
as contemplated in this Lease Deed, subject to normal wear and tear. The
provisions of this clause shall survive the expiry or the earlier termination
of this Lease Deed.
10. GENERAL
CLAUSES
10.1 NOTICE
Any notice
or communication with reference to this Lease Deed unless otherwise specified
herein, shall be deemed to be validly sent if dispatched by registered post
acknowledgement due to the other Party at the following respective addresses:-
If made to
Lessee:
MUKTACHINTA
L/1/2,
Vidysagar Colony, Post Office – Naktala,
Police
Station – Netaji Nagar, Kolkata – 700047.
If made to
the Lessor:
SMT. TAPATI
MUKHERJEE,
Wife of
Late Dipankar Mukherjee,
3/97, Bibeknagar,
Kolkata - 700075.
10.2 WAIVER
The failure
of either party to enforce at any time any of the provision of this Lease Deed
shall not be considered to be waiver of the right of such Party thereafter to
enforce each and every such provision. Waiver, if any, shall be in writing,
signed by the then duly authorized signatory of the concerned Party.
10.3 SEVERABILITY
If any
provision of this Lease Deed is determined to be void or unenforceable under
any law applicable for the time being, such provisions shall be deemed amended
or modified or deleted in so far as is reasonably inconsistent with the
provisions of this Lease Deed and to the extent necessary to conform to
applicable law and the remaining provisions of this Lease Deed shall remain
valid and enforceable in accordance with these terms.
10.4 ENTIRE AGREEMENT
This Lease
Deed constitutes the entire agreement between the Parties and revokes and
supersedes all previous discussions/correspondence and arrangements/agreements
between the Parties, if any, concerning the matters covered herein whether
written, oral or implied. This Lease Deed shall not be changed or modified,
except by amendment(s) in writing duly agreed to and executed by both the
Parties hereto.
10.5 JURISDICTION
This Lease
Deed shall be construed in accordance with applicable laws of India and any
dispute arising from the subject matter of this Lease Deed shall be adjudicated
only in the Court of competent jurisdiction at Kolkata.
10.6 ARBITRATION
Any dispute or difference whatsoever arising between the Lessor and
the Lessee out of or relating to the construction, meaning, scope, operation or
effect of this Lease Deed or the validity or the breach thereof shall be
settled by arbitration, by a sole arbitrator to be appointed and nominated by
the Lessee, in accordance with the Arbitration and Conciliation Act, 1996 and
the award made in pursuance thereof shall be binding on the Parties. The venue
of arbitration proceedings shall be Kolkata.
10.7 LOANS
The Lessor
hereby permits the Lessee to procure loans/financial assistance from third
party or financial institution, banks etc., from time to time by creating
pledge and hypothecation over all or any of the movable property at the Demised
Premises. Further, it is expressly agreed between the Parties that the Lessor
shall not have any claim, lien or charge on the Equipment, either for Rent,
arrears, fees, compensation or otherwise.
10.8 INTERPRETATION
In this
Lease Deed, unless the context otherwise requires any references to words
importing singular shall include the plural and vice versa, words importing a
gender include every gender and references to persons include bodies corporate
and firms.
10.9 STAMP DUTY
The stamp
duty, registration charges and incidental charges thereto in respect of this
Lease Deed and all other documents that may be executed pursuant to this Lease
Deed shall be borne by the Lessor and Lessee in equal ratio. The Lessor hereby authorizes
the Lessee to adjust the above stated Lessor’s share in respect of stamp duty,
registration charges and incidental charges from the Rent payable to the
Lessor. The Lessor also undertakes that if the Lease Deed is terminated for any
reason what so ever, prior to above mentioned adjustment of the dues then such
unadjusted amount will be paid by the Lessor before taking the physical
possession of the Demised Premises back from Lessee.
10.10 AGREEMENT IN COUNTERPARTS
This Lease
Deed may be signed in any number of counterparts, each of which is an original
and all of which, taken together, constitutes one and the same instrument.
SCHEDULE “A”
FIRST SCHEDULE REFERRED TO ABOVE
ALL THAT piece and parcel of land measuring an area of 03 (three) Cottahs, 2 (two) Chittaks, 30
(thirty) Square feet, in C.S. Plot No. 877(P), 878(P), J.L. no. 33, Moua –
Roypur, lying and situated at K.M.C. Premises No. L/1/2, Vidyasagar Colony,
Post Office – Naktala, K.M.C. Ward no. 099, Assessee No. 23-099-05-0437-4,
Police Station – previously Jadavpur, presently Netaji Nagar, Kolkata – 700047,
District : South 24 Parganas, butted and bounded by;
ON
THE NORTH : By
Road;
ON THE SOUTH :
By Tank;
ON THE EAST :
By E.P. No.1;
ON
THE WEST : By E.P. No. 2;
SCHEDULE “B”
SECOND SCHEDULE above referred to:
(Description of the Demised Premises)
ALL THAT one self-contained residential without lift a flat of 216 sq. feet
carpet area measuring 18"x 12" along
with a W/T
and a Kitchen at ground floor just after the
shops of the building premises from 50% share of the Developer's
Allocation which build up on the land measuring about 3 (three) cottahs 2 (two)
chittaks 30
(thirty) square feet be
the same a little more or less lying and
situate at Mouza-Raipur under C S
Dag No.877(P) & 878(P), being KMC
premises no.
L/1/2 Vidyasagar Colony and Assesse No. 23-099-05-0437-4 PS: Netaji Nagar under KMC ward no. 99, together with common
areas, amenities, including all
fixture and fittings to the said building mentioned in
the SCHEDULE-“A” hereinabove having common rights of the common
paths and common amenities of the
said building together with
undivided proportionate share of land and with right of enjoyment of common
areas
including roof and proportionate land underneath the unit at the said
premises.
IN WITNESS
WHEREOF the Parties hereto have
signed this Lease Deed through their duly authorized representatives at the
place and on the day, month and year first above written.
SIGNED,
SEALED AND DELIVERED BY SIGNED, SEALED AND DELIVERED BY
For MUKTACHINTA
LESSOR
SMT. TAPATI MUKHERJEE
LESSEE
In the presence of
WITNESS:
1.
2.
Drafted & Prepared in my Chamber;
Ashok Kumar Singh, Advocate.
High Court Bar Association Room No. 15,
High Court at Calcutta,
Mobile Number : +91 9883070666 / 9836829666
Email : aksinghadvocate@rediffmail.com
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