LEAVE AND LICENSE AGREEMENT
THIS AGREEMENT is
made at Garia, Kolkata this 5th day of July’ 2023, between SHRI ASHOKE GHOSH, Son of Late Ashutosh
Ghosh, residing at Premises being no. 58, Green Park, Srirampur, Garia, South
24 Parganas, Kolkata - 700084, hereinafter referred to as 'the Licensor' ( Which expression
shall unless repugnant to the context be deemed to include his legal heirs,
legal representatives, administrators, successor and assigns ) of the
One
Part
AND
ARPITA ADITYA, (AADHAR : 598740998996), (PAN :
AXYPA2630H), Daughter of Santosh Kumar Poddar, residing at
Premises being no. V-52/7, Green Park, Nath Para, Garia, Kolkata – 700084,
hereinafter referred to as the 'Licensee'
(Which expression shall unless
repugnant to the context be deemed to include her, legal representatives,
administrators, successor in office and assigns thereof) of the
Other
Part, as follows;
WHEREAS the Licensor is
the owner of a Flat measuring about 720 (Seven hundred and twenty) Sq. ft. more
or less which consisting two bed rooms, one dining room, one veranda, one
kitchen and one bath cum privy at the Ground Floor, including electric and
water connection at the Premises being no. 58, Green Park, Srirampur, Garia,
South 24 Parganas, Kolkata - 700084, 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 720
( Seven hundred and twenty ) square feet for carrying on her business of chips i.e.
food items and related etc., on leave and license basis. The Licensee has
carrying her business in Food items, as Biscuits, Chips, Cakes etc. at Premises
being no. 114, Brahmapur Nath Para, Kolkata – 700084, under Ward no. 111 of the
Kolkata Municipal Corporation and in need of a premises on short term basis for
expanding her business. She has a Certificate of Enlistment no. 001285101713,
issued by the Kolkata Municipal Corporation.
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 720
( Seven hundred and twenty ) Sq. ft. floor of the said building of the Licensor
(hereinafter referred to as the Licensed Premises) for a period of Eleven months from 1st day of
July’ 2023 to 31st day of
May, 2024.
2.
This
writing shall never be construed as tenancy agreement or lease nor otherwise
creating any other interest in the property in favour of the occupiers which is
not at all the intention of the parties but on the contrary merely a temporary
arrangement, to allow the occupiers to use portion of the premises for their
office accommodation under the control and supervision of the owners for which
purpose the owners shall retain rooms, the owner shall have his / their own
staff for the care and supervision and maintenance of and services to the
property.
3.
The Occupier Licensee have as Security deposit
for such payments and observance of the covenants hereunder contained kept with
the owners a sum of Rs. 20,000/- ( Rupees Twenty Thousand ) only to be repaid
without interest on revocation of licence and surrender of the said portion of
the property subject to such deductions as the owners shall be entitled as
against the occupiers / licensee, e.g., arrears of charges, electric bill and
usage thereof, damages of the portion of the property, etc. as hereunder
provided or otherwise permitted in law.
4.
The
Licensee shall pay to the Licensor a sum of Rs. 8,400/- ( Rupees Eight Thousand
and Four Hundred ) only, per month as License fee or compensation
including service charges and Maintenance charges for the said Licensed
premises to be paid in advance for each month on or before the 10th day of each English calendar current
month.
5.
All the Municipal taxes and other taxes
and levies in respect of the licensed premises will be paid by the Licensor
alone.
6.
The electric charges in the said
licensed premises will be paid by the Licensee to the authorities concerned and
the Licensor will not be responsible for the same. For the sake of convenience
a separate electric meter if possible will be provided in the said premises.
7.
The licensed premises will be used only
for carrying on business of chips i.e. food items and related etc., and for no
other purpose.
8.
The licensed premises have normal
electricity fittings and fixtures. If the Licensee desires to have any
additional fittings and fixtures, the Licensee may do so at his cost and in
compliance with the rules. The Licensee shall remove such fittings and fixtures
on the termination of the license failing which they shall be deemed to be the
property of the Licensor.
9.
The licensed premises are given to the
Licensee on personal basis and the Licensee will not be entitled to transfer
the benefit of this agreement to anybody else or will not be entitled to allow
anybody else to occupy the premises or any part thereof. Nothing in this
agreement shall be deemed to grant a lease and the licensee agrees and
undertakes that no such contention shall be taken up by the Licensee at any
time.
10.
The Licensee shall not be deemed to be
in the exclusive occupation of the licensed premises and the Licensor will have
the right to enter upon the premises at any time during working hours to
inspect the premises.
11.
The Licensee shall maintain the
licensed premises in good condition and will not cause any damage thereto. If
any damage is caused to the premises or any part thereof by the Licensee or his
employees, servants or agents the same will be made good by the Licensee at the
cost of the Licensee either by rectifying the damage or by paying cash
compensation as may be determined by the Licensor's Architect.
12.
The Licensee shall not carry out any
work of structural repairs or additions or alterations to the said premises.
Only such alterations or additions as are not of structural type or of
permanent nature may be allowed to be made by the Licensee inside the premises
with the previous permission of the Licensor.
13.
The Licensee shall not cause any
nuisance or annoyance to the people-in the neighbourhood or store any hazardous
goods in the premises.
14.
If the Licensee commits a breach of any
term of this agreement then notwithstanding anything herein contained the
Licensor will be entitled to terminate this agreement by fifteen days' prior
notice to the Licensee.
15.
On the expiration of the said term or
period of the License or earlier termination thereof, the Licensee shall hand
over vacant and peaceful possession of the Licensed premises to the Licensor In
the same condition In which the premises now exist subject to normal wear and
tear. The Licensee's occupation of the premises after such termination will be
deemed to be that of a trespasser.
SCHEDULE
ABOVE REFERRED TO :
{
Licensed Portion }
All
that Flat measuring about 720 ( Seven hundred and twenty ) Sq. ft. more or less
which consisting two bed rooms, one dining room, one veranda, one kitchen and
one bath cum privy at the Ground Floor, including electric and water connection
at the Premises being no. 58, Green Park, Srirampur, Garia, South 24 Parganas,
Kolkata - 700084, under War no. 112 of the Kolkata Municipal Corporation,
District – South 24-Parganas, West Bengal.
IN
WITNESS WHEREOF the parties hereto have put their hands the day and year first hereinabove
written.
Signed
by the within named Licensor Shri Ashoke
Ghosh.
in the
presence of following witnesses.
Signed by the
within named Licensee Arpita Aditya.
in the
presence of following witnesses.
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
Email : aksinghadvocate@rediffmail.com
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