Вы находитесь на странице: 1из 5

1

LEAVE AND LICENSE AGREEMENT

THIS AGREEMENT OF LEAVE AND LICENSE made and entered into at Mumbai this _____day of June 2011. BETWEEN VIRENDRA KUMAR CHAUBE & PUSHPA CHAUBE both adults, Indian inhabitants, of Mumbai Owner of Flat No. B-304, 3rd Floor, Pioneer Haritage Rasidency-I, Daulat Nagar, Santacruz (W), Mumbai-400054., the party of the first Part, hereinafter refered to as THE LICENSORS (which expression shall unless repugment to the context or meaning thereof be deemed to mean and include their heirs, executers, administrators and assigns) of the ONE PART. AND AHESAN ABUBKAR CHHAPRA Age 26 adults, Indian inhabitants, presently having address at Shop No-7., Dheeraj Haritage Residency-II, Daulat Nagar, Santacruz (W), Mumbai-400054., hereinafter refered to as THE LICENSEES (which expression shall unless repugnant to the context or meaning thereofbe deemed to mean and include their heirs, executors, administrators and assigns) of the OTHER PART .

2 WHEREAS the Licensors are the owner of the Flat No. B-304, 3rd Floor, in Pioneer Haritage Residency-I, situated at Daulat Nagar, Santacruz(W), Mumbai-400054, and is holding the same on ownership basis. The Flat is consisting permanent fitting and fixtures. And whereas the Licensees are in need of a residential accommodation and requested the Licensors to allow them and their family members to use and accupy the said Flat, temporarily for 11 months on Leave and License and whereas the Licensors has considered their request favourably and

whereas the parties agree to the following terms and condition: NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HARETO AS FOLLOWING:

1) The Licensors have allowed the Licensees to use and Accupy the said Flat, alongwith permanent fittings and fixtures etc., temporarily for 12 months on leave and Licens basis from 20th day of June 2011 to 19th day of June 2012 (both days inclusive). 2) The Licensees on execution of this Agreement shall deposit with the Licensors a sum of Rs. 1,50,000/- (Rupees One Lac Fifty Thousand Only) as Guarantee for the due performance and observance of the terms and conditions of this Agreement. This Deposit shall bear no Interest what so ever. The Licensors shall be entitled to any claim they may have against the Licensees under this Agreement. The Deposit or balance there of shall be returned only at the time of the Licensees vacating the said Flat and on the Licensees satisfying the Licensors that all obligation under this License are fulfilled that the bills towards electricity / telephone / cable T. V. and Car / bike parking charges have been paid or provided for in the event of the termination of this Agreement as stated herein, the Licensors forth with return the said Deposit of Rs. 1,50,000/(Rupees One Lac Fifty Thousands Only) against the delivery of vacant and peaceful possession of the said Flat by the Licensees to the exclusive possession of the Licensors. 3) The Licensees shall pay to the Licensors a sum of Rs. 15,000/- (Rupees Fifteen Thousands Only) by way of monthly compensation for the use and occupation of the said premises and every month the compensation should be paid to the Licensors on or before ______ day of every calendar month in advance. If the said compensation is not paid to the Licensors from time to time the Licensors months notice to vacate the said Flat after deducting all dues amount from the Licensees (Subj etc to clause No.25). 4) The Licensees shall use the said Flat for Residential Purpose only and not for any other purpose what so ever. 5) It is expressly agreed that the Licensors shall be deemed to have the ultimate and full control over the possessions of the said Flat and the Licensees shall not claim any right by way of tenancy, subtenancy or any other right in any manner what so ever in the said Flat. 6) It is agreed by and between the parties the Licensees shall have no right of tenancy, sub- tenancy and / or any right, title and interest in the said Flat or shall not sublet, re-let, or underlet the said Flat or any portion the reof. 7) The Licensors shall have first lien on the said deposit of Rs.1,50,000/- (Rupees One Lac Fifty Thousands Only) in respect for any amount outstanding and due to them under this Agreement. 8) In addition to the License fee mentioned above, the Licensees shall pay the electricity bill / telephone bill / cable TV charges / cooking/ mahanagar gas bills for the use of electricity / telephone / cable TV / cooking / mahanagar gas as well as car / bike parking charges in the said flat / society as per bills received from the concerned department . the Licensees shall ensure that

3 shall bills are regularly paid and that it shall not default in respect the reof. All bill copies will be handed over to the Licensors after paying it regularly. 9) The Licensees shall also reimburse to the Licensors the charges recovered from them by the said society for providing cable / parking facilities to the Licensees. 10) The Licensors shall pay the municipal and other taxes and maintenance charges in respect of the said flat to the said society. 11) The Licensees shall use the said flat and shall see that the same is used in full and responsible manner and shall make good to the Licensors all such damages or loss or loss as the Licensors may sustain whether the same be caused by the Licensees or their visitors to the said flat. The said flat would be handed over to the Licensors exactly in the same state as it was taken possession of. 12) The Licensors shall observe the rules, regulation and bye-lows of the society so far and to the extent they are required to be observed by the License as the occupant of the said flat or any part the reof. The shall not do, omit or suffer to be done anything where by Licensors right to hold the said the flat is prejudiced, avoided, forfeited or extinguished or jeopardized in any manner. 13) That the Licensors shall not do anything which is not permissible or is prohibited under low or is in contravention of bye-lows rules and regulation of the Housing Society Ltd., or any orders of Central / State or Local Authorities. Also the License shall not store any narcotics such as Liquor, Bhang or Explosive such as RDX, Crackers or any type of fire arms, etc., which is prohibited by lows of the Government and Licensees shall not allow any person of immoral reputation or allow any immoral business in the said Flat. 14) The Licensors and the Licensees hareby agree that the original key of the said Flat would be with the Licensors and whereas the duplicate d key will be with the Licensees and on no account the Licensees will change the said lock. 15) The licensor shall not in any event be held responsible or liable for any loss or demand to any goods or property of the licensees whatsoever to be the cause of such loss or damage. 16) The licensees will not make any structural alternations / repairs / modification in the said Flat without the written consent of the Licensors / Society. However, they are allowed to carry out interior decoration and colour wash in the said Flat as per their choice and cost. 17) That the day to day and minor repairs such as fuses, leakages, of water taps, maintenance etc.,

to be done by the Licenses at their own cost. The Licenses further hereby agree and confirm that in case of any breakage, damage, loss to existing fittings/fixtures in the said Flat, they shall make good these articles and / or repay the cost of the damage incurred to these articles as may be mutually decided by a parties hereto. 18) The Licenses hereby undertaken and agree that without the prior written consent of the Licensors they will not obtain / get transferred any telephone connected at the said Flat and / or will not obtain a Ration card, Cooking Gas Connected, Passport, Driving License at the address of the above said Flat. 19) It being agreed that the Licensors shall be at all times in complete possession control and domination of the said Flat and every part thereof and the Licensees shall not be or claim to be in possession of any kind whatsoever of the said Flat or any part thereof. The Licensors or their duly authorised agents shall have the right to enter into or upon the Licensed said Flat or any part thereof at mutually agreed time for the purpose of inspection.

4 20) The Licensees hereby admit and acknowledge that it is the express intention of the parties to this agreement that the relationship of the LANDLORD and TENANT shall not be deemed to be created hereby between them under any circumstances whatsoever. This Agreement hereby confirms bare permission of any other right, title and interest into or upon the said Flat in favour of the Licensees and the Licensees hereby agree that under no circumstances the Licensees shall claim any right to tenancy, sub-tenancy or any other nature into upon the said Flat. 21) This agreement shall be within the provisions of section 24 of the Maharashtra Rent Control Act 1999 and the Licensees undertaken to honour the provisions of section 24 of the said Maharashtra Rent Control Act 1999. the Licensors shall be entitled to approach the competent authority for getting possession of the said Flat, after the expiry of this Agreement as per the provisions contained herein, in case the Licensees failing or refusing to hand over the charge of the said Flat and this Agreement shall be subject to exclusive jurisdiction of court at Mumbai. 22) That the Stamp Duty, Registration and all other charges incidental thereto for the said leave and license Agreement shall be borne and payable by both the parties in equal proportion. 23) Both the licensees as well as the licensors shall have an option to terminate this Agreement by giving 1(One) month notice in writing to the other side of their intention to do so. 24) On the expiration or earlier determination of this Agreement the licensees shall hand over vacant and peaceful possession of the said flat to the licensors. 25) On the expiration or earlier determination of this Agreement the licensors , on receiving back the vacant and peaceful possession of the said flat, shall forthwith return to the licensees their deposit of Rs. 1.50,.000/-(Rupees One Lac Fifty Thousands Only), after retaining a sum of Rs. 10,000/-(Rupees Ten Thousand Only ) for a period of 1(One) month to ensure the clearance of the electricity bill / telephone bill / cable T.V. /parking charges etc, or an average bill for electricity / telephone whichever is the higher and after deducting the amounts due to the licensors under this Agreement remaining unpaid on the date of the expiration. 26) On the expiration or earlier determination of this Agreement the licensees shall handover the vacant and peaceful possession of the said flat to the licensors. In case, if the licensees for whatsoever reason, fails to hand over the peaceful possession of the said flat on the expiration of this Agreement, then time being the essence, the licensees hereby unconditionally agree to pay to the licensors, the liquidated damage of Rs. 1,000/-

(Rupees One thousand only) per day of delay in addition to the monthly compensation payable to the licensors. This Agreement shall be without prejudice to the other rights and remedies and action available to the licensors, against the licensees. This payment /penalty, does not absolve the licensees of their obligation to vacate the flat promptly on the termination of the license. 27) It is agreed that if the licensees commit a breach of the, terms and condition of this Agreement the licensors shall be entiled to revoke the license hereby granted after giving the licensees One month written notice to remedy the breach complained of not having been remedied, the license hereby granted stands revoked. 28) This Agreement is made at Mumbai, the flat is situated at Mumbai and the parties are in Mumbai, hence, it is subject to Mumbai Jurisdiction.

Schedule of the property mentioned above


That Flat No. B-304, 3rd Floor, in Pioneer Heritage Residency-1, having 910 Sq ft. built up Area situated at Daulat Nagar, Santacruz (W) Mumbai -400 054, and having C.T.S. NO ___________________, Village _____________ ,Taluka____________________

IN WITNESS WHEREOF the parties have set thir respective hands


on the original and one more duplicate copy of this Agreement hereof the day and year first hereinabove mentioned.

SIGNED SEALED AND DELIVERED By the withinnamed THE LICENSORS

VIRENDRA KUMAR CHAUBE & PUSHPA CHAUBE


in the presence of:

SIGNED SEALED AND DELIVERED by the withinnamed THE LICENSEES 1) Mr. AHESAN ABUBKAR CHHAPRA In the presence of:

RECEIPT
Received a sum of Rs. 1,50,000/- (Rupees One Lac Fifty Thousand Only) in which 50,000 by Cash and 1,00,000/- by cheque as SECURITY DEPOSIT without interest from the licensees 1) Mr. AHESAN ABUBKAR CHHAPRA by Cash / Cheque No. ____________ Dated ____________ Drawn on______________________

____________________________________________________

We say received

VIRENDRA KUMAR CHAUBE & PUSHPA CHAUBE WITNESSES: 1. 2.

Вам также может понравиться