LEAVE AND LICENSE AGREEMENT
THIS AGREEMENT is made at Garia, Kolkata this 1st day of December’
2025, between SHRI MANOJ GHOSH, Son of Late Mohan Ghosh, residing at Village –
Barhans Fartabad, Post Office – Garia, Police Station – Sonarpur, District –
South 24-Parganas, Kolkata – 700 084, 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
M/s. Garia Youth Computer Training Centre ( youth service ), ( Sports & Youth Services Department ) Govt. of
West Bengal, recognised Proprietorship Firm rendering Education related to
Computers, represented by its Proprietor SRI SUMAN SENGUPTA, Son of Sri Salil Sengupta,
residing at premises being no. 18, Gandhi School Road, Post Office – Nabapali,
Police Station – Barsat, District – North 24-Parganas, hereinafter referred to
as the 'Licensee' (Which expression shall unless repugnant to the context be deemed to
include it’s, legal representatives, administrators, successor in office and
assigns thereof) of the Other
Part, as follows;
WHEREAS the Licensor is the owner of an East facing room measuring about
800 ( Eight hundred ) Sq. ft. more or less with a bath cum privy on the North –
West corner of the said room including electric and water connection thereon
situated on the ground floor of two storied building on the premises 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 800 (Eight Hundred) Square feet for
carrying on his Computer related Educational business, on leave and license
basis.
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 / 800 (Eight hundred) 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 December’ 2025 to 31st day of October’
2026.
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. 15,000/- (Rupees
Fifteen 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. 27,780/- (Rupees Twenty Seven Thousand and Seven Hundred
Eighty) 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 Computer Education 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 East facing room measuring about 800 (Eight Hundred) Sq. ft.
more or less with a bath cum privy on the North – West corner of the said room
including electric and water connection thereon along with right of ingress and
egress from and to the main road, situated on the ground floor of a two storied
building on a piece and parcel of Land measuring about 01 (One) Cottaha, 04 (Four)
Chittacks, 13 (Thirteen) Sq. ft. more or less being situated at Dag no. 22,
Khatian no. 1268, in Mouza – Barhansfartabad, J.L. no. 47, R.S. no. 7, being
incorporated under Holding no. 426, within Ward no. 29, of Rajpur – Sonarpur
Municipality, Police Station – Sonarpur, 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 Manoj Ghosh.
in the presence of following witnesses.
Signed by the within named
Licensee Shri Suman Sengupta, Prop. Of
M/s. Garia Youth Computer Training Centre, in the presence of following witnesses.
Witnesses :
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.
Email : aksinghadvocate@rediffmail.com
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