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AGREEMENT OF LEAVE & LICENCE
(Under Section 7(5) & Sec.24 and other provisions of
“The Maharashtra Rent Control Act, 1999”)
THIS AGREEMENT OF LEAVE AND LICENCE is made and executed on this ___th Day of June, 2011 between :-
1) aged about years, occupation Business, resident of , Amravati, hereinafter collectively referred to as the "LICENSOR" (which expression unless repugnant to the context, shall mean and include themselves, his legal heirs, successors, assigns, etc.) being the party of the FIRST PART;
2) aged about years, occupation Service, resident of , Amravati, hereinafter collectively referred to as the "LICENSOR" (which expression unless repugnant to the context, shall mean and include themselves, his legal heirs, successors, assigns, etc.) being the party of the FIRST PART;
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AND
Shri aged about years, occupation service, resident of , hereinafter referred to as the "LICENSEE" (which expression unless repugnant to the context, shall mean and include the said Licensee, his legal heirs, successors, assigns, etc.) being the party of the SECOND PART;
WHEREAS the Licensor is the owner of the premises bearing Flat no. , admeasuring 720 sq. ft. (66.91 sq. mtrs.) on second floor from out of Residential complex known as , constructed on Nazul Plot No. out of Sheet No. layout plot No. of Mouje , Amravati, within the limits of Municipal Corporation of City of Amravati and within the jurisdiction of Sub-Registrar, Camp, Amravati, which is bounded Towards East : by Flat No. , Towards West : by Flat No. , Towards North : by Passage and Towards South : by Flat No. , which is hereinafter referred to as "said Licensed premises" or "said premises”.
WHEREAS the licensor has requested the licensee to allow him to use and occupy the licensed premises as licensee and the licensor has agreed to allow the licensee to use and occupy the said licensed premises, and,
WHEREAS the purchaser after due inspecting the said premises and after perusing all the documents relating to the ownership of the said licensed premises, is taking on license the said licensed premises from the licensor, and,
WHEREAS the licensee is desirous of and represents that the use and occupation of the licensed premises for residence and shall be under a mere permission as licensee by the licensor and licensee shall not claim any right except as licensee or claim any protection of law under Rent Act or any other law for time being in force on the terms and conditions hereinafter provided.
NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES LICENSOR AND LICENSEE HERETO AS FOLLOWS :-
1.The Licensor has permitted the Licensee to use the said licensed premises as a licensee only for temporary period of 11 (Eleven) months with effect from the date of this agreement on Leave and License basis on payment of advance License fee of Rs. 4,000/- (Rs. Four thousand only) per month and in addition thereto, the licensee shall be under obligation to pay the electricity consumption charges, water charges, municipal taxes etc. The licensee shall be under obligation to pay the license fee and all the taxes alongwith service agreement charges on or before 5th day of every month in advance and in case of default in payment thereof, the licensor shall be entitled to revoke the license at his absolute discretion and the licensor shall also be entitled to recover the interest at the rate of 24% p.a. on the defaulted amount if license fee or any amount payable under this agreement, from the date of default till payment.
2.The licensor and licensee agree that the licensee shall use and occupy the premises under the permission of the licensor and shall not have or claim any tenancy or any other right, title, interest in the premises and shall always be construed as permissive user as licensee only.
3.The licensee shall cease to use and occupy the licensed premises and hand over the licensed premises without demur protest or objection to the licensor on expiry of Eleven months from the date of executing this present Agreement of leave and license.
4.The licensee hereby agrees and covenants with and to the licensor that the licensee under no circumstances whatsoever transfer or assign in any manner whatsoever benefit of this present to any other person and licensee accepts and acknowledges that licensor has allowed licensee to use and occupy the licensed premises only and in no manner licensee has granted any right, title, and interest in the licensed premises or any right to transfer or heritable right in respect of the licensed premises.
5.The licensee shall use and occupy the licensed premises for residence purpose only and in no manner cause nuisance, damage, disturbance annoyance, inconvenience or interference to the occupiers of neighbouring premises.
6.The licensee agrees and undertakes to the licensor to indemnify and to keep indemnified against all losses claims damages arising from breach default of this present by the licensee of any obligations covenants conditions thereof.
7.The licensee shall keep the said licensed premises in the same condition as it is given to him and any loss or damage to the said licensed premises or any furniture, fixtures, fittings and installations in the said licensed premises shall be made good by the licensee.
8.The Licensee hereby agrees to indemnify the licensor and keep the licensor harmless from all the claims, demands, actions, damages, costs and charges to which the licensor may become subject of which he may have to pay by reason of activity, negligence, commission or performance or non-observance of any terms and conditions of this agreement or otherwise by the said licensee.
9.The Licensee shall not be entitled to make any additions, alterations, repairs in the said licensed premises and in the furniture, fixtures, fittings and installations made in the said licensed premises except without written permission of the licensor.
10. The licensee shall have no claim or right in any portion of the said building . The licensor shall be entitled to sell, assign or deal with any other portion of the said building or the land thereunder including the said licensed premises for which, the licensee shall not take any objection.
11.The licensee shall not store any inflammables or combustibles or such articles and sale or store any type of Alcohol, Beer, Intoxicated Drinks, Combustible goods or such other objectionable articles in or run any business of Restaurant, Hotel, Transport Garage, Lottery Centre, business of Motor Mechanic, nor show any Video Cassettes nor run any Club and gambling of any type in any form or any other business creating pollution, nuisance or prohibited things in the said licensed premises.
12. The licensee shall reside in the said licensed premises and shall not be entitled to run or carry on any other business, trade or any other activities in the said licensed premises.
13. The licensee shall not be entitled to make any structural changes or additions or alterations in the said licensed premises of any nature whatsoever including change in RCC columns, beams, and civil construction.
14. The licensee shall maintain the said licensed premises in good and stable condition so as not to effect furniture and construction of the said licensed premises and in the case if the licensee fails to maintain the said licensed premises in good condition and if there is a danger to the furniture and construction of the above said licensed premises and in that event the licensor shall be entitled to get repaired the said licensed premises at the cost of the licensee.
15.That the entire waste material emanating from the said licensed premises shall be stacked in the boxes kept by the Corporation. The licensee shall not allow the waste material to be thrown or spread around the said licensed premises or on any portion of said building.
16. The Licensee or any person claiming through him/it including his/its customers, shall have no right to install, erect anything or any articles including generator set, coolers, Air Conditioners, Water pots, Mutkas, in any portion other than the said licensed premises.
17.That this agreement shall never be construed as tenancy agreement or lease agreement or otherwise create any right, title, interest or possession in the licensee in the said licensed premises given on licence and the licensee has been permitted to use the said licensed premises given on license temporarily only at the pleasure and will of the licensor subject to the terms and conditions of this leave and licensee agreement. Similarly it is specially agreed and understood between the parties that at the time of vacating the said premises, the licensee or the person claiming through them will take only the moveable things and shall leave the things, fittings, furniture, etc affixed to the walls / floor / ceiling in the said licence premises.
18.That licensee has paid Rs. 10,000/- as security deposit. The said deposit shall not carry any interest and shall be refundable at the time of stoppage of user and after licensee gives up forever, all his rights, title, interest of all nature whatsoever in the said license premises by the licensee after deducting and adjusting therefrom any license fee, taxes or damages, losses or other dues payable under this agreement along with interest thereon, if any. In case, if on revocation of the license or expiry of the license, the licensee fail to stop the user of the said licensed premises by removing all his easily moveable belongings, or commits breach of any of the condition of these present, then the said amount of security deposit so paid shall stand forfeited to the licensor, as and by way of damages.
19.All disputes or differences whatsoever which shall at any time hereafter (whether during the continuance and in force of this Agreement or upon or after it discharges or determination) arise between the parties hereto or their respective successors in title and assigns touching or concerning this Agreement or its interpretation or construction or meaning or effect or as to the rights, duties and liabilities of the parties hereto or either of them under or by virtue of this Agreement or otherwise as to any other matter in any way connected with arising out of or in relation to the subject matter of this agreement shall in accordance with the subject to the provisions of The Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force shall be referred to the Arbitration of the person to be nominated by the licensor. In the event of death, refusal, neglect, inability, or incapability of a person so appointed to act as arbitrator, the licensor may appoint new arbitrator, whose decision in the matters shall be final and binding on the parties hereto. The arbitrator shall have right to pass an award in respect of all the matter connected therewith and in addition thereto will have right to grant damages.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE SIGNED AND EXECUTED THIS AGREEMENT OF LEAVE AND LICENSE ON THIS ___TH DAY OF JUNE, 2011 AT AMRAVATI.
SIGNATURE OF WITNESS SIGNATURE OF PARTIES
1. ______
LICENSOR
Party of First Part
2. ______
LICENSOR
Party of First Part
______
LICENSEE.
Party of Second Part
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SERVICE AGREEMENT
THIS AGREEMENT FOR SERVICES is made on this ___day of September, 2008, between :-
Shri Pawankumar Jugalkishorji Rathi, aged about 29 years, occupation Business, resident of New Sangani Nagar, Amravati, hereinafter collectively referred to as the "LICENSOR" (which expression unless repugnant to the context, shall mean and include themselves, his legal heirs, successors, assigns, etc.) being the party of the FIRST PART;
AND
Shri Yogesh Sadashivrao Belange, aged about 38 years, occupation service, at Vastuland Realtors India Pvt. Ltd., resident of Moti Nagar, Amravati, hereinafter referred to as the "LICENSEE" (which expression unless repugnant to the context, shall mean and include the said Licensee, his legal heirs, successors, assigns, etc.) being the party of the SECOND PART;
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WHEREAS the Licensor and the Licensee have entered into an Leave and License agreement of even date, (hereinafter referred to as "the License Agreement") whereby the Licensor (therein referred to as the Licensor) has granted a license in favour of the Licensee (therein referred to as the License) to use and occupy the premises bearing shop / office no. 83, admeasuring 285.63 sq. ft. (26.54 sq. mtrs.) on second floor from out of commercial complex known as GULSHAN TOWER, constructed on Nazul Plot No. 1/1 out of Sheet No. 56-D at Mofussil plots, Amravati, within the limits of Municipal Corporation of City of Amravati and within the jurisdiction of Sub-Registrar, Camp, Amravati, which is bounded Towards East : by Shop No. 82, Towards West : by Shop No. 84, Towards North : by Passage and Towards South : by Shop No. 8, which is hereinafter referred to as "said licensed premises" or"said premises", and,
WHEREAS the said licence premises is full furnished premises, as such in continuation to the said leave and license agreement, this service agreement is being entered into, and,
NOW IT IS AGREED BY AND BETWEEN THE PARTIES AS UNDER :-
1.The Licensor hereby agrees to provide to the Licensee, and the Licensee hereby agrees to avail of the following services from the Licensor:
a)To maintain clean surroundings in the precincts of the said licensed premises and to keep the courtyard of the said licensed premises clean.
b)To provide full furnished premises, which is already affixed and fitted in the said premises.
c)As far as possible to ensure continuous supply of power and water from tank provided by builder at all times. To allow, at all times, access to the electricians and other persons to the respective meters for repairs and maintenance.
d)To allow fixing of Junction box/cables for telephone lines and to allow access to the same for the Telephone Company's employees/representatives at all times.
e)To arrange for the adequate lighting in the said building including around the said licensed premises so as to facilitate access to the employees and customer's of the Licensee.
f)To provide facilities mentioned in Leave and License agreement.
2.In consideration of terms and conditions mentioned in the Leave and Licence Agreement and irrespective of the fact that whether licensee avails or licensor provides for the above facility or not, the licensee shall pay to the Licensor a total sum of Rs. 7,000/- (Rs. Seven thousand only) per month, i.e Rs.2,000/- towards licence fees and Rs. 5,000/- towards service agreement for the 36 (thirty six) months payable on or before 5th Day of each subsequent calendar months from the date of this deed, which includes rent of the furniture. That licensee shall pay the service charges, which include rent of the furniture as mentioned above irrespective of services to be provided by the licensor in as much as the licensor has given the said licensed premises to the licensee only because the licensee has agreed to pay the said service charges. If the licensee would not have agreed to pay the said service charges at the rate mentioned above then the licensor would not have entered into the Leave & Licence agreement and consequently, the payment of this amount of service charges is the essence of this agreement as well as the Leave & Licence agreement and in case of failure by the licensee to pay the said amount of service charges at the rates mentioned above, this agreement as well as the Leave & Licence agreement entered into between the Licensor and Licensee shall stand cancelled automatically without any notice and the licensor shall be entitled to take possession of the said licensed premises without any notice.
3.That the licensee or his employee/s, or customers shall park their vehicle in the specified space on pay and park basis because there is no parking place surrounding to said licence premises. The licensee shall strictly follow all the directions and guidelines issued by the licensor from time to time.
That licensee or any person claiming through him shall not be entitled to claim any right, title, interest, or possession of any nature whatsoever in any manner whatsoever on any ground whatsoever over the parking space availed of by them or made available to them.
4.That in case if the licensee fails to pay service charges and maintenance charges including increased maintenance and service charges on 5th day of every month then in that event the licensee shall be liable to pay interest @ 24% p.a. from the date of amount due till payment
5.This agreement shall be valid till the licensee remains in possession of said licensed premises and this agreement and leave and license agreement both are inter-dependent. This agreement shall be co-extensive and co-terminus with the License Agreement of even date. This service agreement shall be deemed to have been incorporated in leave and license agreement and form an integral part of leave and license agreement.
6.The provisions of this Agreement are always to be read and construed in conjunction and in continuation with the provisions of the said License Agreement of even date entered into between the parties hereto.