Sunday, November 12, 2023

Leave and License Agreement

 

 

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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