AGREEMENT FOR SALE
THIS AGREEMENT FOR SALE made this ____
the day of ________ Two Thousand
Twenty Three (2023)
B E T W E E N
(1)
SRI SATYAJIT SANYAL [PAN- ALOPS6263J] & [AADHAAR
422906373221], son of Late Gauranga Chandra Sanyal, (2) SRI SARBAJIT SANYAL [PAN- ATHPS6060N] & [AADHAAR-
553848266285], son of Late Gauranga Chandra Sanyal,and (3) SRI PRASENJIT SANYAL [PAN NO - ALGES0971H] & [AADHAAR 775916860219], son of Late Shyamananda
Sanyal, all by Nationality- Indian, all by Faith-
Hindu, all by Occupation-Business,
all are residing at GC- 168, Salt Lake City, Sector- III under Police Station of South Bidhan Nagar,
Kolkata- 700106,
hereinafter referred to as the "OWNERS/DEVELOPER" (which expression shall unless excluded by or
repugnant to the context or the subject be deemed to mean and include
their respective heirs, successors, administrators, legal representatives and
assigns) of the FIRST PART
A N D
SMT. CHAITALI BAUL [PAN- AHNPB7144C] & [AADHAAR- 994631981105], wife of Sri
Kaushik Baul, by Nationality- Indian, by Faith-
Hindu, by Occupation- Business, residing at 161, Jawpur Road, P.O.- Ghughudanga under Police
station of Dum Dum, Kolkata- 700070 in the District of North 24- Parganas, hereinafter referred
as the "TENANT/ PURCHASER" (which expression shall unless excluded by or repugnant to the context or the subject be deemed to mean and include his heirs,
successors, administrators,
legal representatives and assigns) of the SECOND PART
WHEREAS the First Part herein jointly purchased ALL THAT partly two storeyed and partly one storeyed brick built messuage measuring an area of 1800 (one thousand eight hundred) Sq. Ft. more or less, which standing over and above of
the landed property measuring an area of 03 (three)
Cottahs 13 (thirteen) Chittacks 27 (twenty-seven) Sq. Ft. more or less, being Premises known as 33, College Row, Northern Division of
the town of Calcutta (Kolkata) under Holding No. 328 in Block No. VIII of Ward No. 040
within the local limits of Kolkata Municipal Corporation under the State of West Bengal
from the owners namely, Smt. Tapati Datta, wife
of Sri Bholanath Dutta of
AA-137, Salt Lake City, Sector- I, Kolkata-700064 and Smt. Minoti Dutta, wife of Late Ajit Kumar Dutta of 5A, College Row,
Kolkata - 700009 and Urimila Dutta,
daughter of Late Ajit Kumar Dutta of 5A, College Row,
Kolkata - 700009, by virtue of a registered Deed of Sale, which executed on 18.12.2006 and finally registered
on 16.03.2011 at Additional Registrar of Assurances-II, Kolkata and recorded under Book No.- I, CD Volume No.- 13, Pages- 1192 to 1220,
being No. 03452 for
the year 2011 and duly purchased the said
property the First Part herein become the joint owners in respect of the said property and sufficiently entitled to
enjoy the same duly mutated the same in the
Kolkata Municipal Corporation under Assessee No. 110400700497, more fully and particularly described in the SCHEDULE hereunder written and hereinafter for the sake
of brevity be referred to as the "SAID
LANDED PROPERTY INCLUDING STRUCTURE", free from encumbrances;
AND WHEREAS the First Part herein accepts
and acknowledges that the Second Part is a Tenant having separate tenancy on
the Ground Floor, consisting of 50 Sq. ft. Carpet Area with separate rent
receipts for the said space within the premises of the First Part which is
proposed to be demolished and a New Construction is proposed to be made
thereon. Prior to purchase of the said property by virtue of Deed no. 03452 for
the year 2011 by the First Part, the Second Part have been using the tenanted
portion for running their respective Shop Rooms.
AND WHEREAS considering the Occupation of
the Tenanted Portion measuring about 50 Sq. ft. on the Ground Floor of the
premises number 33, College Row, Northern Division of the town of Calcutta
(Kolkata) under Holding No. 328 in Block No. VIII of Ward No. 040 within the
local limits of Kolkata Municipal Corporation under the State of West Bengal
for a pretty long time, the First Part agrees to transfer the said tenanted
portion on Ownership to the Second Part at a low consideration which is far
less than the present market value. Since in terms of the applicable laws the
First Part has to leave certain portion of land in front of the proposed new construction
and considering such aspect the major portion of the present occupancy
of the Tenant (Smt. Chaitali Baul) will come into existence of towards the front
portion of the College Row
and in the middle of the proposed building premises, and hence, it is the understanding with the
Owners/Developer that the said Tenant (Smt. Chaitali Baul), will be
entitled to get one
shop room measuring carpet area of 20 (twenty) Sq. Ft. towards in front of the road i.e. College Row and
middle of the proposed
building and the Owners/Developer hereby accepted the same and confirmed that the Owners/Developer will provide 20 (twenty) Sq. Ft. in front of the College Row and middle of the proposed building. The
Second Part further has expressed her desire to purchase 180 Sq. ft. more
carpet area and the First Part has agreed to Sale the said additional 180 Sq.
ft. Carpet area to the Second Part, meaning thereby the Second Part will
purchase total 200 (two hundred) Sq. ft. Carpet Area on the Ground Floor of the
New Construction to be made by the First Part, in terms of the Building Plan,
sanctioned by the Kolkata Municipal Corporation. The afore stated additional 180
Sq. ft. to be purchased by the Second Part is morefully described in the SCHEDULE-B hereunder written.
AND WHEREAS since
possessed the Vendors
of the First Part
herein decided to
develop the said landed property by constructing multi-storied building over and above the said landed property
and considering
such views the First Part herein prefers to negotiate with the Tenant/Purchaser and therefore, the First Part herein specified with the Tenant/Purchaser herein that
the Owners themselves will develop the said landed property by demolishing existing structure
on their own without appointing any other Developer as confirmed and hence,
it is the conclusion and/or
decision that the First Part herein
will provide measuring Carpet area of 20 (twenty) Sq. Ft. and the same adjoin further area, measuring Carpet area of 180 (one
hundred eighty) Sq. Ft. i.e. total area of 200
(two hundred)Sq. Ft. Carpet area towards the facing main
road namely,
College Row and
middle of the said proposed building as SHOPS (commercial area) and the said shops must be facing towards
College Row,
and in the middle of the said proposed building which must consist by width, width not less than 9`(nine fit) to 10` (ten fit) and duly consider
the length the carpet area must be 200 (two hundred) Sq. Ft., which will be provided by the First Part herein in favour of the Tenants/Purchaser
herein and said two shops are separate, which will be provided by the Owners/Developer herein and such two shops are adjoined with each and other. Be it specifically stated that the ONE SHOP, which measuring in total as
Carpet area of 20 (twenty) Sq. Ft. must be located towards
the facing of main road namely,
College Row and middle of the proposed building and another ONE SHOP
measuring Carpet area of 180 (one hundred eighty) Sq. Ft. with an
entrance from frontage of the said shop as well as
outer entrance and in between of said two shops the stair and hence, the Tenant/Purchaser
shall always have the liberty to use the landing with a view to egress and ingress of the said SHOP as measuring Carpet area of 180 (one
hundred eighty) Sq. Ft. and the
Second Part must have the
opportunity to enjoy two shops measuring total carpet area of 200 (two hundred) Sq. Ft. located
at frontage of the
main road including another
shop measuring carpet area of 150 Sq. Ft. with an entrance from frontage
of the said shop as well as
outer entrance to that effect
the First Part including other
co-owners as well as the Holding Organization (to be formed) shall have no right to raise any objection and/or withdraw such privileges of the Second
Part herein;
AND WHEREAS in calculative method it is established fact and stands as the First Part herein hereby providing total measuring
Carpet area of (20
+ 180) = 200 (two hundred) Sq. Ft. in favour of the Tenant
of the Second
Part herein and hence, it is the understanding with the said Tenant that the said Tenant will pay the amount @ Rs. 1,800/- (Rupees one thousand eight hundred)
per Sq. Ft. in connection
with 20 (twenty) Sq. Ft. Carpet area and @ Rs. 4,000/- (Rupees four thousand) per Sq. Ft. in connection with 180 (one hundred eighty) Sq. Ft. Carpet area and will purchase the same from the First Part herein in accordance with the rate, so specified as fixed rate and considering such purview the Second Part herein participated
in these presents as Purchaser herein and it is established fact that the Second Part herein shall have every right to act in accordance with the rate
as fixed duly consider not only Purchaser
but also the Tenant of the
said premises;
AND WHEREAS now, the Owner/Developer intend to sale and/or
will provide ONE SHOP admeasuring Carpet area of 20 (twenty) Sq. Ft. which must consist by width not less than 9`(nine
fit) to 10` (ten fit) and the said particular shop must be
facing College Row and in the middle of the proposed building and another shop measuring Carpet area of 180 (One hundred Eighty)
Sq. Ft. adjoining
with the shops, i.e. total 200 (two
hundred) Sq. Ft. in the proposed building being Premises known as facing the main road - namely, College Row
and middle of the proposed building in favour of the Tenant/Purchaser herein
and said three shops are separate, which will be provided and/or will sale by the Owners/Developer herein
and such three shops are adjoined with each and other of the proposed building (subject
to the provision that ONE SHOP, which measuring Carpet area of 20 (twenty) Sq. Ft. must be located towards the facing of main road
namely, College Row and
middle of the proposed building and another
ONE SHOP measuring Carpet area of 180 (one hundred eighty)
Sq. Ft. and in between of said two shops the stair and hence, the Tenant/Purchaser
shall always have the liberty use the landing with a view to
egress and ingress
of the said SHOPS by
using the landing of said stair, and to that effect the First Part including other co-owners as well as the Holding Organization
(to be formed) shall have no right to raise any objection
and/or withdraw such privileges of the
Second Part herein in the said proposed building
being Premises known and numbered as 33, College Row, Northern Division of the town of Calcutta (Kolkata)
under Holding No. 328 in Block No. VIII of Ward No, 040 within the local limits of Kolkata
Municipal Corporation under Assessee No.
110400700497, which is more fully and particularly described in
the SCHEDULE-
B, hereunder written including all common rights, amenities and/or facilities of the said building as referred in
the SCHEDULE-
C hereunder
written together with undivided impartible proportionate share of the said landed property, described in the SCHEDULE- A hereunder written and hereinafter for the sake
of brevity be referred
to as the "SAID
SHOPS" at or for total consideration amounting to Rs. 10,80,000/- (Rupees Ten Lakhs and Eighty
Thousand) only without involvement of any GST in respect of the said two shops as stated above;
AND WHEREAS the Purchaser/Tenant herein
offered to the Owner/Developer with a view to purchase the aforesaid three shops in the rate as stated above
and the First Part being as Owners/Developer accepted the same and now, the Owners/Developer agreed to sell and the Purchaser/Tenant agreed to purchase all that said BOTH OF THE SHOPS described in the SCHEDULE- B hereunder written at or for total consideration worth of Rs. 10,80,000/- (Rupees Ten Lakhs and
Eighty Thousand) only in respect of the said three shops in terms as specified hereunder:
NOW THIS
INDANTURE WITNESSETH AND IT IS MUTUALLY AGREED BY AND
BETWEEN THE PARTIES HEREIN, as follows:
1. THAT the First Part will provide and/or will sell and the Purchaser being as Tenant will purchase ALL THAT TWO SHOPS and out of that ONE SHOP admeasuring measuring
Carpet area of 20 (Twenty) Sq. Ft. adjoining another
SHOP measuring Carpet area of 180 (one hundred eighty) Sq. Ft. i.e. total 200 (Two Hundred) Sq. Ft. Carpet area facing main road namely, College Row and in middle of the proposed building, which consist by width not less than 9`(nine fit) to 10` (ten fit) and said two shops
are separate but such two shops are adjoined with each and other (subject to the provision as specified above) of the proposed
building, being Premises known and numbered as 33, College Row, Northern Division of the
town of Calcutta (Kolkata)
under Holding No. 328 in Block No. VIII of Ward No. 040 within the local limits of Kolkata Municipal Corporation under
Assessee No.
110400700497, which is more fully and particularly
described in SCHEDULE- B, hereunder written including all common
rights, amenities and/or facilities of the said building
as referred in the SCHEDULE-
C hereunder written together with undivided impartiable proportionate share of the said landed property, described in the SCHEDULE- A hereunder written at or for agreed total consideration
i.e. @ Rs. 1,800/- (Rupees one thousand Eight
hundred) per Sq. Ft. in
connection with 20 (Twenty) Sq.
Ft. Carpet area and @ Rs. 4,000/- (Rupees four thousand) per Sq. Ft. in connection with 180 (one
hundred eighty) Sq. Ft. Carpet area
and hence, CONJOINTLY worth
of Rs. 10,80,000/- (Rupees Ten Lakhs and
Eighty Thousand) only and the Purchaser herein paid
the amount worth
of Rs. 9,000/- (Rupees Nine
Thousand) only by cheque
as an earnest and/or advance money and/or part payment of
total Consideration amount to the First
Part herein as per memo of consideration hereunder
written and the
receipt whereof the First Part herein doth hereby acknowledged
and granted in
favour of the Second Part herein
and the remaining
balance and/or due consideration worth of Rs. 10,80,000/- (Rupees Ten Lakhs and
Eighty Thousand) only shall have to be paid by the Purchaser to the Vendors within 30 (thirty) months from the date of
execution of these presents
in respect of the scheduled below property either
different intervals or
in one sort on or before registration
and the Purchaser shall have to complete the registration positively within the stated prescribed time and after
receiving all of the due payments and/or total amount as well as after completion of the registration i.e. both of the
subject, it is
the duty and responsibility of the First Part herein
to handover the possession in favour of the Second Part herein without any
hesitation with necessary documents and Completion Certificate of the said
building premises, and/or without showing any excuses in connection
thereof after completion of the
property as referred in the SCHEDULE- B, hereunder
written;
2. THAT the Second Part herein have the full liberty to
register these presents in accordance with the norms of the State Government
and to that effect First Part shall have to complete such registration without any
delay and/or without any hesitation and in any event if any hesitation and/or delay being effectuated by the First Part
herein then such will be
treated as legal offence in part of the First Part
herein;
3. THAT the responsibility of the Purchaser/Tenant to pay the prescribed
amount in favour of the
First Part
herein within due time and it is also the duty and responsibility of the First
Part herein to Complete the registration of
these presents and thereafter, by receiving total due consideration
the registration of proper Deed of Conveyance within said specified prescribed period
and handover the peaceful vacate possession in favour of the Purchaser on or just after
complete of the registration;
4. THAT by virtue of these presents the Tenant/Purchaser hereby declaring and confirming
that the Tenant/Purchaser
will not accept any less area of the
said TWO SHOPS as specified in the SCHEDULE-
B hereunder written and if the area will be
higher than the
area of said TWO SHOPS
under such circumstances the Tenant/Purchaser hereby ready to pay
the excess amount in accordance with the rate as specified hereinabove and be it also specified that the SHOPS, which measuring an area of 200 (Two
Hundred) Sq. Ft. Carpet area that particular
SHOPS must be the
facing towards main road namely, College Row and in the middle of the proposed
building and the same SHOP must be
consist by width not less than 9`(nine
fit) to 10` (ten
fit) and therefore, it is the
responsibility of the First Part herein to enforce the building plan in accordance
with said subject matter and under any circumstances the differentiate of such area will not acceptable by the Tenant/Purchaser and the First Part hereby also confirming
that the First Part will provide the said three shops to the
Second Part herein
considering such subject;
5. THAT the Second Part herein may interested to complete
registration of these presents by paying requisite
amount to the State Government and to that effect it is the duty and responsibility of
the First Part herein to complete
such registration in
respect of the SCHEDULED- B property without any hesitation and as soon as the Purchaser's
property be ready in the Ground Floor itself, the First Part
herein shall have to provide the possession to the Second Part herein duly complete the registration, because of
the fact that the Second Part herein under continuation of business and the place and location of such business is one of the
major factor;
6. THAT the First Part hereby confirms and
undertakes that the proposed building will be constructed within 24 (twenty
four) months from the date of receiving the building plan to be sanctioned by
the Kolkata Municipal Corporation before that after execution of these presents
within 15 (fifteen) days the Second Part will vacate their occupied portion to
the First Party to enable them to demolish the existing structure and to submit
the building plan for sanctioned before the appropriate authority. The First
Part confirm and undertake that by no reason maximum 6 (six) months’ time will
be over in between vacating the occupied portion by the Second Part and
obtaining sanctioned building plan by the First Part.
7. THAT the
First Part hereby undertakes and confirms that they will bear the rentals in
the shifted place towards alternate accommodation for running the business by
the Second Part for a period of 30 (thirty) months and sum total of rentals of
30 (thirty) months will be paid to the Second Part by the First Part at one go.
Accepting circumstances beyond the control of human being time is essence of
this Contract. However, a maximum period of additional 3 (three) months’ time
can be provided to the First Part for handing over vacant possession to the
Second Part subject to payment of rentals for the said three months by the
First Part to the Second Part. Further the First Part agrees to pay shifting
charges and advance to the Second Part for their alternate accommodation to run
their business, in the new place so long the new construction in terms of
sanctioned building plan is made and handed over to the Second Part.
8. That in the event the accommodation on rent being
alternate accommodation for the specified period of 30 (thirty) months,
provided by the First Part to the Second Part, the tenant/ purchaser herein, if
the said accommodation is not at Ground Floor at the said premises, then in
such event the First Part herein obliged to pay a sum of Rs. 1,000/- per month
to the Second Part herein for cost of carrying goods/ books by muthias/ kulli,
etc. such payment can be made by the First herein to the Second Part herein by
one go for a period of 30 (thirty months) and/ or by each month as may be the
First Part assails convenient to them.
9. Be it specified
that the monthly rent will be paid by the First Part
herein in favour of the Second Part herein and/or in favour of the Landlord/Landlady at a time for a
period of 30 (thirty) months and if required further again considering as referred hereinabove. Be it also specified that the separate accommodation of the Second Part herein must be within the range of 300
(three hundred) mtr. of present
Tenanted Shops (second part herein). Under any circumstances the First Part
herein including Landlord/Landlady shall have no right and authority to evict
the Second Part herein from the
new sub-tenancy,
wherein the Second Part herein accommodated by the First Part herein under sub- tenancy
temporarily, subject to the provision until and unless the
Second Part herein will be
re-accommodated in the property as referred and/or specified under this agreement of the proposed
building, being premises known and numbered as 33, College Row, Northern Division of the town of Calcutta (Kolkata) under Holding No. 328 in Block No. VIII
of Ward No. 040 within the local limits of
Kolkata Municipal Corporation under Assessee No. 110400700497 and
considering all of the aspect
all of the liability and/or responsibility of such shifting as well as such sub-tenancy completely depends
upon the First Part
herein. It is also hereby specified that such sub-tenancy hereby
arranged by the First Part herein and
considering written request of the First Part herein – the Second
Part herein shifting their business in the sub-tenancy and therefore, in connection
of such sub-tenancy if any type
of harm will come then the loss of injury shall have to be compensated by the First Part herein
in favour of the Second
Part herein, on appropriate communication thereof;
10.
THAT the First Part hereby agrees
that if the new construction and subsequent handing over of possession in the
new construction is not completed within the specified time as mentioned,
herein above, the First Part will be bound to pay compensation @ Rs. 2,000/-
(Rupees Two Thousand) only, per day to the Second Part considering the existing
occupation of the Second Part for their business, which is the livelihood of
the Second Part
11.
THAT the entire registration cost will be paid by the
Second Part herein and such registration will be routed through with the Purchaser's
Advocate and to
that effect the First Part shall have no right
and authority to insist and/or to force the Second Part for
any activation through any other legal practitioner and the decision in this subject totally depends upon the Second Part herein;
12.
THAT if so required the Purchaser shall have the right to take
loan from any financial institution
or Bank at their own risk for purpose of purchasing said scheduled- b below property and the Vendors/Developer
of the First Part herein shall have no
objection for the
same and also have no liabilities and/or
responsibilities to the subject matter
whatsoever and to that effect the First Part herein shall have to
co-operate with the Purchaser
duly provide all of the relevant deeds and documents to the Purchaser herein and in default thereof the Second
Part herein
shall have every liberty to knock the legal doors and it is mandate in part of the Purchaser
to clear all due
payment in terms of these presents to the
First Part herein;
13.
THAT the Purchaser
shall have to pay
the committed amount
and/or due
consideration within 30 (thirty) months from the date of execution
of these presents and/or at
the point of
time of execution of proper Deed of Conveyance in respect of the SCHEDULED- B
property as referred hereunder;
14.
THAT the expenses of registration of
proper Sale Deed/Deed and/or Deed of Conveyance in accordance with the
norms of the
State Government in respect
of the said scheduled
below property shall be borne by the Purchaser exclusively and as such in addition to aforesaid total consideration
the Purchaser shall have to pay the Registration fees including Stamp Duty, Advocate fees, etc. to the Purchaser's
nominated Advocate at the time of execution and/or registration by cash and the date of registration of proper Sale Deed/Deed
and/or Deed of Conveyance will be fixed and informed by the Purchaser by considering the terms of this Agreement.
The assessment
of the Registrar shall be final and conclusive and entire expenses of Registration of Proper Sale Deed/Deed
and/or Deed of
Conveyance will be determined according the assessed value,
which is conclusive one;
15.
THAT the liability and responsibility of the First Part herein to handover all of the photo copy of
deeds and documents and/or registered instruments i.e. the deed, pre-link deeds,
tax receipt etc. of the said landed property
and/or scheduled below property
and the Completion Certificate in favour of the Purchaser herein at the point of time of execution of proper registration;
16.
THAT
the First Part herein shall have no right and/or authority to engage themselves with any of contracts and/or agreements in any manner whatsoever with any third party or parties as well as shall have no right and
authority to take any loan from any person/s and/or
any financial institution
or Bank duly mortgaged
the property as referred in the SCHDULE- B hereunder and in any event if any of such act will come into existence then such will be
treated as criminal offence
in part of the First Part
herein, and the Second Part will be at liberty to tale legal recourses against
the First Part ;
17.
THAT the Purchaser shall pay the arrears of the consideration money or
price payable by them either through Bank or from personal account
before registration
of the said SCHEDULED- B below property
as mentioned herein
above, subject to
the terms as stated in different clauses and if the Purchaser fails to pay the arrears as aforesaid to the
Vendors/Developer within prescribed period
and/or on or before registration of the proper Deed of Conveyance, the First
Part reserve the right to allot the said property to any other person/persons at their own
discretion after giving necessary intimation in writing to the Purchaser herein, subject to the
conditions that the saleable
property must be ready in habitable conditions
but the Purchaser
hereby undertake that they will not make any delay to purchase the same
and the Purchaser hereby
also declare that
they will purchase
the same by clearing committed amount and/or due consideration within 30 (thirty)
months from the date of
execution of these presents
as mentioned herein above as well as by considering
all other
terms and conditions
of these present
(subject to the provision of registration as well as possession and completion
certificate) but the First Part shall have no right to claim any
other consideration, save and except as specified herein and shall have no right to allot the said property unto or in favour of any third
party or parties within
prescribed period of 30 (thirty) months Tenant/Purchaser, subject to the provision as referred
herein above and in any
event if the First Part will prefer excess time under
such circumstances First Part herein shall have to logical information
and/or intimation to the
Tenant/Purchaser
herein, will prescribed within time frame, as stated herein above;
18.
THAT the Purchaser will complete the registration in respect
of the said SCHEDULE-B
below property within prescribed period by clearing and/or
paying all due consideration in respect of the said property, subject to the provision that the First Part shall have to comply all contractual
liabilities and in any case First Part will fail to
act in terms of this agreement
then Purchaser will
not be liable and/or responsible to complete registration
within specified time as stated hereinabove by clearing all
due consideration and it is mandate in part of
the First Part herein
to comply all contractual liabilities as specified in these present;
19.
THAT the Purchaser hereby entered
these presents with a view to purchase the property as referred in the SCHEDULE-
B hereunder written, which is established under
purview of SCHEDULE- A property as specified hereunder and Tenant/
Purchaser paid the earnest
money in favour of the First Part herein by cheque and after debited as well as after
compliance of the terms of the present Tenant/ Purchaser hereby liable to shift
from the existing building;
20.
THAT it is recorded that the Purchaser not inspected the deeds and documents
and all the papers of the First Part relating to the said property and made
themselves fully conversant with the contents thereof duly considered the oral
commitment of the First Part herein and have duly satisfied as to the title of
the First Part duly gone through the photo copy of Deed as referred in these
present;
21.
THAT the schedule of payment of consideration have already confirmed and
assured by the Purchaser and the further balance payment have already been
finalized and all payments to be made as per agreed terms stated hereinabove or
written subject to the provision that First Part herein must act in terms of
these presents. No escalation of the
scheduled price of the SCHEDULED – B below property shall been made under
any circumstances whatsoever;
22.
THAT the
binding and/or mandate in part of the First Part herein that the First Part
shall have to provide vacate property as determined three shops just completion
of registration and in default thereof and/or after expiry of 30 (thirty)
months, the First Part shall have to pay the damage @ Rs. 2,000/- (Rupees two
thousand) only per day with the rent of temporary accommodation, till such time
until and unless the First Part will provide possession in respect of SCHEDULE-B below property duly complete
the registration in favour of the Purchaser/Tenant and similarly Purchaser also
will liable to pay the same amount in favour of the First Part herein, if the Purchaser fail to pay the due consideration within prescribed period as specified in these presents subject
to the provision of completion of the building and/or the property as referred in the SCHDULE-
B hereunder written;
23.
THAT the Tenant/Purchaser shall have no
further claim and/or demand from the said proposed building SAVE AND EXCEPT SCHEDULED- B below of the property, which comes out of
the property as referred
in the SCHEDULE- A hereunder written in terms of the rate as
prescribed in these presents and more so, it is mandate in part
of the First Part that to
take proper care - so
that, the Tenant/Purchaser will not face any problem to take any loan from any
financial institution and to that effect
it is the responsibility of the First Part
to provide all of the legal documents in favour of the Tenant/Purchaser
as well as also the responsibility to comply all of the rules, regulations
and notifications, so
adopted by the Government of West Bengal
and after shifting of the Tenant/Purchaser from the existing building,
if in any manner
First Part herein failed to comply such any of the documents under such circumstances the First Part herein always will be declared as offenders and the Tenant/Purchaser
shall have the liberty to prefer proceedings before
the Competent Court of Law at the cost of the First Part herein;
24.
THAT the First Part
herein committed to the Second
Part herein that the First Part furnished the building plan to the Kolkata
Municipal Corporation in manner that the First Part shall have no problem to
provide the SCHEDULE- B property,
so referred hereunder – in favour of
the Tenant/Purchaser
and more
so, the First Part herein
also committed
that the First Part being as Owners, on their own will develop the SCHEDULE-
A below property without appointing any third party/s and/or
developer and further,
the area as referred
in the SCHEDULE-
B hereunder as well as the cost of such area hereby determine on negotiation and
hence, considering such aspects the Purchaser herein provide their 'NO
OBJECTION' in manner of Affidavit and therefore, the First Part herein shall have neither
any right to act by violating the terms of these presents nor have any authority to deprive the Tenant/Purchaser with a view to transfer the SCHEDULE- B below property by way of Sale;
25.
THAT the First Part herein hereby declaring and confirming that before completing the building, firstly First Part will take full initiative to complete the SCHEDULE-
B below property and handover the possession
in favour of the Tenant/Purchaser
duly complete the registration
in connection thereof
by receiving due consideration
in respect thereto;
26.
THAT
all payments are to be made either by Demand Draft or Pay Order or Account Payee Cheque (subject
to realization of
the amount from the concerned Bank) in favour of the
First Part herein or as agreed upon and receipts granted for the same;
27.
THAT the First Part herein shall have to provide
physical possession,
free from all sorts of encumbrances in favour of the Purchaser and have to execute proper Deed of Conveyance in favour of the Purchaser herein after receiving all payments from the Purchaser herein and the
time is the essence of this contract but such time shall be enhanced or extended due to the act of God or any unforeseen circumstances that is to say
"FORCE MAJEURE" e.g. flood,
earthquake, riot, storm, tempest, civil common strike, lock-out, epidemic and/or
any other act of
commission, which is or
shall be beyond control either of the party herein;
28.
THAT
all letters, receipts and notice issued and/or
despatched by the First
Part herein under Speed Post with A/D or Registered
Post covered with A/D and/or by hand delivery to the address of the Purchaser as
informed by the Purchaser shall be considered as sufficient proof of the receipt of the same and shall effectually discharge by the
First Part herein and vice-versa and in any event if the address will by changed either of the party
then in such case the concerned party shall have
to inform the same to the
other party;
29.
THAT even comply of contractual liabilities of these presents by
the Purchaser herein, in case the First Part herein fails and/or neglects to deliver the vacant possession of the said property to the Purchaser and/or fail or neglect to execute necessary Sale Deed and/or Deed of Conveyance in favour of the Purchaser
or as the case may be then in that case Purchaser shall have the liberty to file suit under the
Specific Performance Of Contract Act against the First Part herein and the similar
right shall have the First Part against the Purchaser of non- performance of contractual duties and/or liabilities by the part of
the Purchaser i.e. vice-versa;
30.
THAT in case of death or accident if any,
either of the party - the legal heirs and successors shall be substituted in such place and the legal heirs shall abide by the same terms and conditions as laid down in these present and the First Part will act accordingly without demanding any extra amount from the Purchaser
herein and similarly Purchaser
is also bound to act in these presents and also liable to pay the due consideration
only - nothing more than
that;
31.
ARBITATION CLAUSE:
THAT the First Part and the Purchaser, both of the
parties hereto declare and
confirm that each of them shall observe
their respective duties and liabilities and obligations under this agreement.
If any difference or
dispute shall arise among the
parties hereto then the same shall
be settled mutually and if the dispute is not possible to be settled mutually then
each of the parties and/or either of the Parties will appoint Arbitrator or Arbitrators and the
decisions of the said Arbitrator or Arbitrators
shall be final and binding upon the parties and
this Arbitration
Clause shall be followed as per the provisions as laid down in the Arbitration
Conciliation Act 1996. In this connection it is to be mentioned that this
clause shall cease upon after execution of proper Sale Deed and/or Deed of
Conveyance including the delivery of possession and giving the Completion Certificate
issued by the Kolkata Municipal Corporation by the First Part to the Purchaser
herein.
32.
THAT these
presents being typed out two sets are identical and the same with a view to kept
one set with the First Part
herein and another
set will remain
with the Second
Part herein;
SCHEDULE-A
AS ABOVE REFERRED TO:
(THE DESCRIPTION OF SAID LANDED PROPERTY)
(INCLUDING BUILDING)
ALL THAT proposed multi-storeyed building
over and above piece and parcel of landed property measuring an area of 03 (three) Cottahs 13 (thirteen) Chittacks 27 (twenty-seven) Sq. Ft. more or less, being Premises
known as 33, College Row, Northern Division of the town
of Calcutta (Kolkata) under Holding No. 328 in Block
No. VIII of
Ward No. 040 under
Assessee No. 110400700497 within the
local limits of Kolkata Municipal Corporation
under the State of West Bengal within the territory
of India, butted and bounded
as follows:
ON THE NORTH BY :
58/1 College Street
ON THE SOUTH BY :
18’ (ft.) College Row.
ON THE EAST BY : 32, College
Row.
ON THE WEST BY : 34, College Row.
SCHEDULE-B
ABOVE REFERRED TO:
(THE DESCRIPTION OF THE SAID
SHOPS)
ALL THAT ONE SHOP admeasuring measuring Carpet area of 20 (Twenty) Sq. Ft. adjoining another SHOP
admeasuring Carpet area of 180
(one hundred eighty) Sq. Ft. i.e.
total 200 (Two Hundred) Sq. Ft. Carpet area towards
the facing main road namely, College Row and in the middle of the proposed
building and the
said shop must be facing towards the College Row, which consist by width not less than 9`(nine fit)
to 10' (ten fit) and said two shops are separate but such two shops are adjoined with each and other (subject to the provision of the egress and ingress of another shop by using
landing) of the proposed building, located at Ground Floor of the proposed building, being Premises
known and numbered as 33,
College Row, Northern Division of the town of Calcutta (Kolkata) under Holding No. 328 in Block
No. VIII of Ward No. 040 within the local limits of Kolkata Municipal Corporation under Assessee No. 110400700497
including all common
rights amenities and facilities mentioned in the SCHEDULE- C hereunder written together
with undivided impartible proportionate
share of the land on which the
said building is under construction as mentioned in SCHEDULE- A hereinabove and the property itself i.e. ONE SHOP
admeasuring measuring
Carpet area of 20 (Twenty) Sq.
Ft., which butted and bounded as follows:
ON THE NORTH BY : Stair and landing as
confirmed by the
owners/developer
ON THE SOUTH BY : College Row
ON THE EAST BY : Vacate
area of the
building as confirmed by the owners/developer.
ON THE WEST BY
: Another shop or garage space as confirmed by
the owners/developer.
Another shop room measuring carpet area of 180 (one hundred eighty) Sq. Ft., which butted and bounded as follows:
ON THE NORTH BY :
Other shops as confirmed by the owners/developers.
ON THE SOUTH BY :
Stair and landing as confirmed by the
owners/developer.
ON THE EAST BY
: Vacate area of the building as
confirmed by the owners/developer.
ON THE WEST BY :
Another shop or garage space as confirmed by the owners/developer.
SCHEDULE - C
ABOVE REFERRED TO:
(THE DESCRIPTION OF COMMON PARTS & PORTION)
(INCLUDING COMMON AMENITIES AND FACILITIES)
1. Common passage
on the ground floor.
2. Common Toilet and Privy on the
Ground Floor with the provision of one tap point.
3. Drainage and sewerage.
4. Boundary wall and main gates.
5. Space for Electric Meter installation for
the said shops.
6. Such other
equipment,
installations, fixtures, fittings and
spaces in or within the same
building comprised within the said premises as are necessary the users and occupiers of the
Shops/Flats.
SCHEDULE- F
ABOVE REFERRED TO:
(THE DESCRIPTION OF THE SPECIFICATION
OF WORK)
(WITH MATERIALS OF THE SAID FLAT)
1.
Structure : Foundation will be with R.C.C. Column in isolated base foundation suitable for construction of the building and the tie beams are also provided below ground level linked with column
each other supported by the approved plan.
2. Super structure : This will be R.C.C.
Column connected with R.C.C.
beams to each
other frame structure including
4" thick R.C.C. roof structure. Height from Floor level to roof level minimum
9 1⁄2 (without
flooring).
3. Brick
work : All external brick work will be 10`` (ten inches)thick with A-Class approve quality bricks in 1:6 (C.M.) and all internal brick work will be 3
& 5" thick with same
class bricks in 1:4 (C.M.).
4.
Plaster : All walls to be cement
plastered (1:5) and ceiling plastered (1:4) punning
with plaster of paris to the inside walls of the
units and
the outside wall will have 3⁄4 thick average and plaster in ceiling will be 1⁄2`` thick average.
5. Wall
finishing :
Outer wall of the building will be painted by snow cement
compound or weather shield.
6.
Flooring : Floors will be completed with marble.
7. Bathroom : Common with nit Cement.
8. Door/Window : Gate will be covered with shutter
and the room must be with the
provision of 2 windows.
9.
Electrical : All electrical wiring shall be made in
conceal by providing 3(three) points.
10. Water outlet system :Building shall be completed with all out
let pipes and rain water pipes.
Apart from the above work specification any extra works shall be of extra costs subject to the conditions that to intimate to the
Owner/Developer before completion of the work as specified.
IN
WITNESSETH WHEREOF the
Owners and the Purchaser have hereunto set and subscribed their
respective signatures on the day, month and year FIRST above
written.
1.___________________________
2.___________________________
3.___________________________
SIGNATURE OF THE OWNERS
_________________________________
SIGNATURE OF THE PURCHSER
WITNESSES;
1.
2.
Drafted & Prepared by;
Ashok Kumar Singh, Advocate
High Court Bar Association Room No. 15,
High Court Calcutta
Mobile Number : 9883070666 / 9836829666
Email : aksinghadvocate@rediffmail.com
MEMO OF CONSIDERATION
RECEIVED RS. 9,000/- (RUPEES NINE
THOUSAND) ONLY IN MANNER AS STATED. HEREUNDER OUT OF TOTAL CONSIDERATION WORTH OF RS. 5,90,000/- (RUPEES
FIVE LAKHS
AND NINETY THOUSAND) ONLY IN RESPECT
OF THE SAID THREE SHOPS AS SPECIFIED IN THE SCHEDULE- B WRITTEN HEREINABOVE:
I, SRI SATYAJIT
SANYAL RECEIVED RS. 3000/- (RUPEES
THREE THOUSAND)
ONLY BY CHEQUE BEING NO. 0387387 DATED
25.08.2022 WITH DRAWEE BANK NAMELY,
STATE BANK OF INDIA, LAKE TOWN BRANCH, KOLKATA.
__________________________________
SIGNATURE OF THE
OWNER NO.
1
I, SRI SARBAJIT SANYAL
RECEIVED RS. 3000/- (RUPEES THREE THOUSAND)
ONLY BY CHEQUE BEING NO. 0387388 DATED 25.08.2022 WITH
DRAWEE BANK NAMELY, STATE BANK OF INDIA, LAKE TOWN BRANCH, KOLKATA.
____________________________________
SIGNATURE OF THE
OWNER NO. 2
I, SRI PRASENJIT SANYAL RECEIVED
RS. 3000/- (RUPEES THREE THOUSAND) ONLY BY CHEQUE BEING NO. 0387389 DATED 25.08.2022 WITH DRAWEE BANK NAMELY, STATE BANK OF
INDIA, LAKE TOWN BRANCH, KOLKATA.
_____________________________________
SIGNATURE OF THE
OWNER NO. 3
WITNESSES:
