Deed of Tenancy Agreement

Thnis Deed of Tenancy has been made on this the 12th day of the month of November 2005 and shall be effective from the six day of December, two thousand eight of the Christian era. Between Mr. Jamal Chowdhury, son of Mr. Reza Chowdhury, House No. 45/2, Road No. 4, Gulshan, Dhaka, 1212, by faith Muslim, by profession businessman, by nationality Bangladeshi by birth, hereinafter called as Landlord. .First Party/Landlord And Mr. Kamal Khan, son of Mr. Karim Khan, House No. 72, Road No. 6, Gulshan, Dhka- 1212, by faith Muslim, by profession businessman, by nationality Bangladeshi by birth, herein referred to the Tenant. Second Party/Tenant

Preamble
Whereas the landlord (as first party here is the absolute, true and full owner of the demised property at plot no 16/A, police station Gulshan; District Dhaka. The building contains demised premises covering an area of 500 sft consisting of a self contained flat no. 102 with independent water, sewerage, gas, electricity and sanitary facilities. And whereas the tenant proposed the said landlord to to let the said space to tenant for residential purpose and the landlord has accepted the proposal. The landlord has agreed to let and the tenant has agreed to take the demised premises in tenure more fully described in the schedule below. In the premises therefore and subject to the mutual covenants herein the parties hereto agrees as follows: 1. Demised premises: The demised premises which the landlord agrees to let out to the tenant measures approximately by 500 sq.ft. from the 1st floor of the multistoried building constructed on the land measuring 1 bigha 8 katha pertaining to the plot no. 16/A, road no 84, situated at Gulshan Model Town along with the facilities attached thereto fully described in the schedule below ( hereinafter referred to as the demised premises.) 2. Advancement: The total amount of advance payment is taka 1 lac. The tenant has to pay 70 thousand taka before taking the possession and remaining 30000/= within 15 days of the taking possession. If the remaining amount is not paid by the tenant within those 15 days then the time will be extended to 30 days. After the expiry of 30 days the landlord will evict the tenant.

3. Tenure: The tenure of the tenancy is 5 (five) years (hereinafter referred to as the tenancy term) commencing from the 1st February, 2006 and expiring on the 1st day of June 2010. At the expiry of the tenancy period the parties shall have the option to renew the tenancy for a further period of 2 (two) tears. 4. Rent: a. The rent for the demised premises is taka 10000/=(taka ten thousand) only per month for the first one year. b. If the rent is not paid on the due dates and it continues for three months consecutively or more the tenant shall pay interest thereon 6% per annum from the due date till payment. c. The rent is payable by the tenant to the landlord not later than the 7th day of the following month. If the tenant fails to do so the landlord shall serve a notice upon the tenant giving 7 (seven) days time to cure the default. d. The rent may be paid by way of cash, check or pay order by the tenant to the landlord. 5. Covenants of the tenant: The tenant covenants and representsa. To pay the aforesaid rent to the landlord at the time and the in the manner aforesaid. b. To renovate the demised premises at their own cost. c. To keep demised premises clean and to carry out all minor repairs and day to day maintenance at his own cost. d. Subject to terms and conditions of this agreement not to make any structural alteration or addition in or to the demised premises with prior written permission of the landlord. e. For interior decoration of the demised premises the tenant has to take written permission of the landlord. The landlord shall not make any contribution. f. If any damage is caused in terms of decoration, then tenant shall be bound to pay compensation to the landlord. g. The responsibility to pay the bill of electricity, gas, telephone, water will be on the tenant. h. The copies of paid bills of electricity, gas, and water shall be made available to the landlord for his record. i. The lift as well as the generator shall be operated by the tenants account. j. Not to sublet or assign or transfer possession of the demised premises or any portion thereof to anybody else. k. If the demised premises require emergency major repair due to act of god or natural calamities, it will be notified to the landlord immediately and the landlord will take necessary action upon notification. l. The tenant shall not be responsible for any damage caused to the demised premises due to act of god such as earthquake, cyclone, flood etc. 6. Covenant of the landlord: The landlord thereby covenants with the tenant to do and perform during the period of the tenancy as follows:

a. The landlord is entitled to let the demised premises with full power and absolute authority and can let the same free of any adverse claim or demand or legal impediment. b. To keep the demised premises in good condition and to do the major structural repair to the demised premises. c. To permit the tenant to peacefully and quietly hold, posses and enjoy the said premises without interruption during the said term of tenancy. d. To pay the land revenue, municipal taxes and other charges of public nature which exist or may be assessed against the demised premises. e. To provide a caretaker who will stay at the demised premises as the caretaker. f. To install a full capacity generator at the demised premises. 7. Joint covenants: Both the landlord and the tenant agree that the demised premises shall be used for residential purpose only. And the tenant shall not use it for any illegal or immoral purpose. 8. Termination: The tenancy is not terminable by the either party before expiry of the tenancy term unless there is a material breach on the part of the either party in complying with any of the terms of this agreement, in which case either party will have the right to terminate the tenancy by giving a six months notice. 8. Force majeure:: In the event of the demised premises or any part thereof being wholly or partly damaged by earthquake or any other act of God as to render the same as substantially unfit for the purpose it is let then in any such case the tenant shall have the following optionsa. To terminate the contract either immediately or upon giving a 3 months prior notice in writing to the landlord. b. To continue the tenancy with notice to the landlord requiring the landlord to repair the damaged portion of the demised premises whereupon the landlord shall complete the required work within the time which is reasonably required for the completion of such repair 9. Refund of Advance Rent: Upon termination or expiry of the lease by the tenant or by the landlord, as the case may be, the landlord hereby gives unconditional undertaking to refund the unadjusted advance rent to the tenant within 1 (one) month of such termination/expiry failing which the landlord agrees that the tenant shall be entitled to keep the demised premises under his possession without payment of any rent until such time the landlord refund the unadjusted advance rent to the tenant. 10. Restriction on Assignment or Sub-let: The tenant shall not assign the demise premises or sub let the demised premises to any third party without prior notice of the landlord

11. Notice: Any notice to be given hereof shall be given in writing and shall be served by personal delivery or by registered or recorded delivery mail addressed to the party concerned at its office at the following address:

For the Tenant:

House No. 72, Road No. 6, Gulshan, Dhka- 1212,

For the Landlord:

House No. 45/2, Road No. 4, Gulshan, Dhaka, 1212 12. Amendment: This agreement may at any time be amended by mutual agreement in writing between the parties thereto. 13. Effect of Headings: The subject headings of this agreement are included for the purpose of convenience only and shall not affect the construction or interpretation of any of its provision. 14. Successors Bond: This agreement shall be binding upon the successors-in-interest, legal representatives, administrators and assignees of the parties hereto. 14. Counterpart: This agreement is made in 2 (two) sets in original. Each of the parties shall get a set of original of the agreement.

In witness whereof the parties have put their respective hands on the sixth day of November two thousand and five of the Christian era.

Schedule

District-DShaka, P.S. Gulshan, Sub-Registry Office-Gulshan, Road No. 84, Plot No. 16/A, Gulshan Model Town, Dhaka, Measuring 1 Bigha * katha along with multi storied building comprising of the demised premises of 500 sq. ft. being a portion of Flat No. 102 on the 1st floor of the said building.

On the East: On the West: On the North On the South

Witnesses 1. 2. 3. Signature of the first party (Landlord)

 Signature of the second party (Tenant)

Prepared byAsif Akram LL.B. (Hons)-1st class; LL.M.-1st class; D.U. Lecturer, Dept. of Law and Justice Southeast University