LEAVE AND LICENSE AGREEMENT
THIS AGREEMENT is made at Garia, Kolkata this 1st
day of June, 2023, between SMT. SREYASHI
BANDOPADHYAY, Wife of Shri Chandrasekhar Bandopadhyay, residing at Olive Green,
3B, 3rd Floor, 15 Peyara Bagan, P.O. Laskarpur, P.S. Sonarpur noe
Narendrapur, Kolkata – 700 153, (which terms or expressions shall unless
excluded by or repugnant to the subject or context, be deemed to mean and
include her heirs, executors, administrators, successors, legal representatives
and assigns), hereinafter referred to as 'the Licensor' of the One Part.
AND
Shri MAHASWARI DUYARI, Son of Haradhan Duyari (
AADHAR number : 602525400611) , residing at Village – Baikunthapur, Kultali,
District – South 24 Parganas, Pin - 743383, (which terms or expressions shall
unless excluded by or repugnant to the subject or context, be deemed to mean
and include his 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 Self contained Shop Room no. 3, namely Green
Place, Cemented Flooring measuring a little more or less 112 Square Feet Super
built up area on the Ground Floor, from the front side of the G + III storied
building premises together with
undivided proportionate share of land include pathways of the said building
premises under Rajpur Sonarpur Municipality, Ward no. 31, under Police Station
Sonarpur now Narendrapur, District – South 24 Parganas, 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 such Shop of the Ground floor of the
said building, being Self contained Shop Room no. 3, namely Green Place,
Cemented Flooring measuring a little more or less 112 Square Feet Super built
up area on the Ground Floor, from the front side of the G + III storied
building premises together with
undivided proportionate share of land include pathways of the said building
premises under Rajpur Sonarpur Municipality, Ward no. 31, under Police Station
Sonarpur now Narendrapur, District – South 24 Parganas, for carrying on two
wheeler repairing work or business activities relates to two wheeler etc., 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 Shop no. 3, 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 being Shop no. 3, of the Licensor (hereinafter referred to as
the Licensed Premises) for a period of Thirty Six (36) months from 1st
day of June’ 2023 to 30th day of April’ 2024, thereafter 2nd
day of May’ 2024 to 31st day of March, 2025, and thereafter 2nd
day of April’ 2025 to 28th day of February’ 2026, and thereafter 2nd
day of March’ 2026 to 31st day of May’ 2026, and will finally
terminate and ceased to continue on expiry of thirty six months ( i.e. 31st
day of May’ 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 his
accommodation under the control and supervision of the owner.
3.
The Licensee shall
pay to the Licensor a sum of Rs. 3,500/- ( Rupees Three Thousand and Five
Hundred ) only, per month as License fee or compensation, to be paid in advance
for each month on or before the 10th
day of each English calendar current month.
4.
The Licensee shall
pay to the Licensor a sum of Rs. 3,500/- ( Rupees Three Thousand and Five
Hundred ) only, as a Security Deposit, which is refundable without any interest
thereon while leaving the Licensed premises, and subject to adjustment of cost
of damages if any.
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
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.
7.
The licensed premises
will be used only for carrying on two wheeler repairing work and for no other
purpose.
8.
That 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.
9.
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.
10.
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.
11.
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.
12.
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.
13.
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.
14.
The Licensee shall
not cause any nuisance or annoyance to the people-in the neighbourhood or store
any hazardous goods on the premises.
15.
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.
16.
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 One Self contained Shop Room no. 3, namely Green Place, Cemented Flooring
measuring a little more or less 112 Square Feet Super built up area on the
Ground Floor, from the front side of the G + III storied building premises together with undivided proportionate share
of land include pathways of the said building premises under Rajpur Sonarpur
Municipality, Ward no. 31, under Police Station Sonarpur now Narendrapur,
District – South 24 Parganas, the said Shop room in the building premises on
piece and parcel of Land measuring more or less 04 ( Four ) Cottahs alone with
G + III Storied building namely GREEN PLACE standing thereon lying and situated
at Mouza – Laskarpur, J.L. no. 57, comprising in LOP No. 446, comprised in R.S.
Plot No. 605 (P), 607(P) under Ward no. 31, within limits of Rajpur Sonarpur
Municipality, being Holding no. 41, Peyara Bagan, Police Station – Sonarpur now
Naredrapur, ADSR Garia, District South 24 Parganas, butted and bounded in the
followings :
ON
THE NORTH : LOP no. 444,
ON
THE SOUTH : LOP no. 448,
ON
THE EAST : 24’ ft wide Peyara Bagan Road,
ON
THE WEST : 12’ft wide Municipal Road.
IN
WITNESS WHEREOF the parties hereto have put their hands the day and year first
hereinabove written.
Signed
by the within named Licensor Smt. Sreyashi
Bandopadhyay.
in
the presence of following witnesses.
Signed
by the within named Licensee Shri Mahaswari Duyari,
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.
E-mail
: aksinghadvocate@rediffmail.com
THIS LEAVE AND LICENSE AGREEMENT MADE ON THIS
__________THE DAY OF _________________2023, AT KOLKATA.
BETWEEN
SMT. SREYASHI BANDOPADHYAY
_________LICENSOR.
A N D
SHRI MAHASWARI DUYARI.
__________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
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