Agreement Of Leave And License

Agreement Of Leave And License made at Mumbai this ____ day of ________, Two Thousand
And Fourteen
BETWEEN
Mrs. Neelam Manish Karle, Age : 34 years And Mr. Manish Laxman Karle, Age : 35 years,
Both Indian Inhabitants having their address at : E 603, Samrajya Society, Pethkar Projects,
Shivtirh Nagar, Kothrud, Pune : 411038, hereinafter referred to as The Licensors (in which
expression are included unless such inclusion is inconsistent with the context or meaning thereof
his heirs, executors, administrators and assigns) of the One Part;
AND;
Mr. Shankar Nath, Age : 34 years Indian Inhabitant having his Residential address at L 16,
Prasad Nagar, Karol Bagh, New Delhi 110005 and presently working Office Address 11th
13th Floor, Lodha Excelus, Apollo Mills Compound, N. M. Joshi Marg, Mahalaxmi, Mumbai
400011. Hereinafter referred to as The Licensee (in which expression are included unless such
inclusion is inconsistent with the context his, heirs, executors and administrators) of the Other
Part;
Whereas the Licensor is the owner and otherwise absolutely and exclusively entitled to
hold, possess, use, occupy and enjoy Flat No : 802, Rupji Castle, CTS No. 150, Bhoiwada
Naka, Bhoiwada, Mumbai 400012 admeasuring approximately 700 Square feet Built Up area
and comprising (hereinafter referred to as the said Property);
And Whereas the Licensors has confirmed represented to and assured the Licensee that:(a) They are the owners of the Property and have paid up to date all outgoings and
maintenance charges payable in respect of the Property;
(b) All requisite infrastructure and amenities (including water, sewerage, drainage and
electricity connections / meters, water pumps etc.) have been installed in and are
functioning upon, the Building;
(c) That there are no encumbrances, charges, lien demands and/or claims on the Property and
they are entitled to give the Property on leave and license basis to the licensee;

And Whereas it has been arranged that the Licensee shall, with the leave and license of
the Licensor, have the use of the Property (hereinafter, wherever the context may so
require referred to as the Licensed Premises) upon the terms and conditions hereinafter
recorded and contained;

Now It Is Hereby Agreed By And Between The Parties Hereto As Follows:1. The Licensee shall by leave and license of the Licensor hereby granted, have the use
of the Licensed Premises from the 20th October, 2014 for a period of 12 (Twelve)
months, that is up to 19th October, 2015.
2.

For such use of the Licensed Premises the Licensee shall pay to the Licensor, license
fees or compensation calculated at the rate of Rs.31,500/- (Rupees Thirty One
Thousand Five Hundred Only) per month from 20th October, 2014 for a period of 12
(Twelve) months, that is up to 19th October, 2015. It is agreed that the said license
fees or compensation fees shall be paid by the Licensee to the Licensor. The Licensor
shall deposit the said cheques on its respective due dates and the Licensee agrees that
the same shall be honoured on presentation.

3. The Licensee shall pay all charges for cable TV, electricity, gas, telephone etc. as
consumed by the Licensee in the Licensed Premises and shall indemnify and keep
indemnified the Licensor, against non-payment of the same.
4. The Licensor shall be liable to pay the maintenance and other charges of the society
at the existing rates.
5. The Licensor declare and represent that he is absolute owner of the Licensed
Premises and are fully and absolutely entitled to grant a license of the same without
any obstruction, hindrance, or interference whatsoever from any persons or parties.
6. The Licensor declare that the electricity supply cables, water lines / pumps, main
pipes, electricity connection/supply, drainage sewerage, furniture, fixtures, fittings
and effects and the other amenities / conveniences in respect of the Licensed Premises
are and shall be, on the date of commencement of the license, in good working order
and condition.
7. The Licensee shall use the Licensed Premises and shall keep the same in good order,
repair and condition and upon the termination, or expiry, or sooner or earlier
determination, of the license, shall leave the same in as good condition as it was on
the date hereof (reasonable wear and tear and conditions of force majeure excepted).
8. The Licensed Premises shall be exclusively used only for residence of the Licensee
and members of his immediate family and licensee shall not part with possession or
induct any third party or assign the benefit of these present to any other person or
persons.

9. The Licensee shall

(a) not make any structural alterations, modifications or additions to the Licensed
Premises;
(b) be at liberty to make, fix or install furniture (including fitted furniture), fittings or
fixtures in the Licensed Premises, including shelves, screens, household fittings,
electric and sanitary installations, security systems, air-conditioners, and lights
and fans and to remove the same, but the Licensee shall make good any damage
which may be caused to the Licensed Premises by such removal, to the
satisfaction in all respects of the Licensor.
(c) peacefully hold and enjoy the Licensed Premises and every part thereof during the
period of license and shall not do or suffer to be done anything in the Licensed
Premises which is or is likely to be nuisance or annoyance to other residents of
the building or to prejudice the rights of the licensors as owners of the Licensed
Premises;
(d) not use the Licensed Premises for any illegal or immoral purpose or for storing
any flammable or hazardous articles;
10. A duplicate set of keys of the main entrance door of the Licensed Premises shall be
given by the Licensor to the Licensee for its convenience and one set of keys shall
always remain with the Licensor. The Licensee shall not alter or cause to be altered
the existing locking device on the said main entrance door.
11. The Licensor shall not be responsible or liable for any theft, loss, damage or
destruction of any property of the Licensee or any property lying in the Licensed
Premises or for any bodily injury to any person in the Licensed Premises.
12. It is hereby agreed and understood by and between the Licensor and the Licensee that
the Licensor shall be entitled to terminate the license of the Licensed Premises on the
happening of any of the under mentioned circumstances, whereupon, (i) the Licensee
shall vacate and hand over charge of the Licensed Premises to the Licensors and, (ii)
the provisions of Clause 13 herein below shall automatically take effect:(a) in the event of the Licensee committing a breach of the terms and conditions
herein contained and failing to remedy or make good such breach within 30 days
of receipt of notice in writing from the Licensors specifying such breach;
(b) in the event of Licensee failing to honor post dated cheque of license fees or any
other amount as mentioned herein on or before the stipulated date;

13. On the termination, or expiry, or sooner or earlier determination, of the license

granted herein of the Licensed Premises, the Licensee shall remove himself and his
family members, servants and employees using the Licensed Premises and all their
belongings, chattels, articles and things there from, and vacate and hand over charge
of the Licensed Premises to any of the Licensor simultaneously with the refund of
amounts deposited by the Licensee with the Licensors in accordance with Clause 18
herein below. On such expiry, or termination or sooner or earlier determination, of the
license, the Licensee, his family members, servants and employees, using the
Licensed Premises shall be trespassers and the Licensor shall be entitled to remove
them from the Licensed Premises and also to prevent them from entering into the
Licensed Premises an the Licensee shall be liable to pay a sum of Rs.2,000/- (Rupees
Two Thousand Only) per day as penalty for such illegal occupation in additional to
the monthly license fees;
14. The Licensor hereby agree and undertake :(a) to perform all the terms, conditions, Agreements, covenants and provisions on
which they own and hold the Licensed Premises;
(b) to pay and discharge all present, municipal, governmental, and other, rates, taxes,
cesses, charges, levies, ground rent, maintenance charges / outgoings, and other
liabilities in respect of the Licensed Premises as mentioned in clause 4 herein
above;
(c) the Licensor and the Licensee have the right to terminate the agreement, without
assigning any reason, with a minimum notice period of 1 months time.
15. Nothing herein contained shall be construed as creating any right, interest, easement,
demise, tenancy or sub-tenancy in favor of the Licensee and/or his family members,
servants/employees in or over or upon the Licensed Premises or transferring any
interest therein in favor of the Licensee or the said persons, other than the permissive
right of use hereby granted or as entitling the Licensee to possession of the Licensed
Premises.
16. The Licensor shall be in exclusive possession and full charge and control of the
Licensed Premises at all times. It is the express intention of the parties hereto that this
Agreement shall be a mere license and the Licensor shall at all times have free and
un-obstructed access to the Licensed Premises. At no point of time will the Licensee,
his family members or servants / employees, claim that Licensor have created any
tenancy, sub-tenancy, lease or other similar rights or that any of them has derived any
title to the Licensed Premises and Licensor will be entitled to proceed for recovery of
the possession of the licensed premises under the Provisions of Section 24 and/or

other applicable provisions of the Maharashtra Rent Control Act, 1999 (or any
statutory modification, or re-enactment, or statute enacted to replace the said Act,
thereof in force) if Licensee fails to hand over quiet, vacant and peaceful possession
of the Licensed Premises on the expiry or sooner or earlier termination or
determination of the license. All costs, charges and expenses incurred by the Licensor
for recovery of possession shall be paid by the Licensee. The above said remedy shall
be in addition to any other rights of the Licensor available to them under these
agreements and in law.
17. All notices between the parties hereto shall be deemed to have been duly
delivered/received if sent either by hand delivery and a written acknowledgement
obtained thereof, or by a reputed Courier service at the following addresses:Licensor:
Mrs. Neelam Manish Karle
And
Mr. Manish Laxman Karle,
Address at : E-603, Samrajya Society,
Pethkar Projects, Shivtirh Nagar,
Kothrud, Pune : 411038

Licensee:
Mr. Shankar Nath
Residential address at
L-16, Prasad Nagar, Karol Bagh,
New Delhi 110005

18. The Licensor and/or his agents or authorized representatives shall have full liberty at
all times to enter upon the Licensed Premises after giving reasonable notice to the
Licensee to view the condition thereof.

19. The Licensee shall, deposit with the Licensor the sum of Rs.2,00,000/- (Rupees Two
Lac Only) (hereinafter referred to as the Deposit), as Security Deposit for due
performance and observance of the terms and conditions contained in this Agreement,
which Deposit shall remain deposited with the Licensor during the subsistence of the
license period, and which Deposit shall be refunded by the Licensor to the Licensee,
on the expiration, termination, or sooner or earlier determination, of the license, and
simultaneously with the Licensee removing himself and his family members,
employees / servants from the Licensed Premises and vacating and handing over
vacant and peaceful charge of the Licensed Premises to the Licensor.
20. If the Licensee fails to vacate and hand over charge of the Licensed Premises on the
expiry, or termination, or sooner or earlier determination, of the license, (the
Licensors being ready and willing to refund the Deposit to the Licensee), the
Licensors shall be entitled to forfeit the Deposit at any time after the expiry of 30
(thirty) days from the date of service of a written Notice by the Licensor upon the
Licensee, if the Licensee has failed or neglected to vacate and hand over charge of the
Licensed Premises to the Licensor on or before the expiry of such notice period of 30
(Thirty) days (simultaneously with the refund of the Deposit). In such a case the
Licensee shall also be bound and liable to pay the Licensor, in addition to the monthly
license fees and compensation, the sum of Rs.2,000/- (Rupees Two Thousand Only)
per day as and by way of pre-estimated liquidated damages for wrongful us of the
Licensed Premises, without prejudice to the other rights and remedies available to
Licensor under these presents and the Licensors right to vacate, eject and remove the
Licensee from the Licensed Premises under the provisions of Section 24 of the
Maharashtra Rent Control Act, 1999 (or any statutory modification, or re-enactment,
or statute enacted to replace the same, thereof in force) and/or any other
rights/remedies available in law for such purpose, If the Licensor fail, refuse, or
neglect to refund the Deposit on the expiry, or 21. Termination, or sooner or earlier
determination, of the license, (the Licensee being ready and willing to vacate and
hand over charge of the Licensed Premises to the Licensor), then, the Licensee shall
be entitled (i) to continue to use the Licensed Premises but free of license fees or
compensation fees and the Licensors shall be liable to refund the Deposit to the
Licensee together with interest thereon @ 9% p.a. (Nine per cent per annum)
calculated from the date the Licensee was ready and willing to vacate and hand over
charge of the Licensed Premises to the Licensors till payment.
21. Notwithstanding anything contained herein, it is hereby agreed by and between the
Licensor and the Licensee, that the Licensor shall be entitled to deduct any arrears of
license fees or compensation fees and any other lawful amounts due and payable by

the Licensee as per the License Agreement from the Deposit and refund the balance
thereof in accordance with these presents.
22. The Licensor and the Licensee shall both be entitled in their sole and absolute
discretion at any time, to terminate the license of the Licensed Premises after expiry
of lock in period of 6 months from the date hereto by addressing to the other a Notice
o termination (in writing) and upon the expiry of 30 (Thirty) days from the date of
receipt of such written Notice (i) the license herein of the Licensed Premises shall
forthwith come to an end and stand cancelled (ii) the Licensee and his respective
family members, servants / employees shall vacate and hand over charge of the
Licensed Premises to the Licensor simultaneously against the refund of security
deposit of Rs.2,00,000/- (Rupees Two Lac Only) and (iii) the provisions of Clause 13
herein above shall automatically take effect.
23. The parties agree that each party shall indemnify and shall keep indemnified from and
against all action, suits, proceedings, costs charges and other liabilities brought,
suffered or incurred by a party and also from and against all damages and los suffered
by a party by reason of any breach non performance or non observance by the other
party of any obligations, undertaken and agreed to by such party under this agreement
or imposed by the bye laws of the society and will have Mumbai Maharashtra Court
jurisdiction.
24. The Licensee shall bear and pay the stamp duty and registration charges as may be
statutorily required on this agreement.
25. The Original Agreement shall remain with the Licensor and a copy duly signed by
both parties shall remain with the Licensee. Any alteration, modification, change etc.
in this Agreement shall be in writing and signed by both parties otherwise the same
shall not be valid and binding upon the parties hereto.

SCHEDULE OF PROPERTY
Flat No : 802, Rupji Castle, CTS No 150, Bhoiwada Naka, Bhoiwada, Mumbai
400 012 admeasuring approximately 700 square feet Built Up area Parel Sewri
Division.

IN WITNESS whereof the parties hereto have executed this Agreement (in
duplicate) the day, the month and the year first hereinabove written.
Signed and Delivered by the

within named Licensors

Mrs. Neelam Manish Karle

And
Mr. Manish Laxman Karle

in the presence of

Signed and Delivered by the

within named Licensee

Mr. Shankar Nath

in the presence of

RECEIPT

Received on or before the date hereof, of and from the withinnamed Licensee, Mr.
Shankar Nath the sum of Rs.2,00,000/- (Rupees Two Lac Only) being the interest-free
refundable Deposit agreed to by the Licensee to be deposited with us by cheque no. __________
dated ____________ drawn ______________________________ Branch.

We say received

Mrs. Neelam Manish Karle And Mr. Manish Laxman Karle

Licensors