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LEAVE AND
LICENCE AGREEMENT
THIS AGREEMENT OF LEAVE & LICENCE is made and entered into at Pune on the __ day of ______ Two
Thousand and 0ne
Between
__________________,of Pune,Adult Indian
Inhabitant,residing at __________________, hereinafter called the LICENSOR
(Which expression unless be repugnant to the context or meaning thereof be
deemed to include his heirs, executors, administrators and assigns) of the
ONE PART.
And
____________________,
of Pune, an adult Indian Inhabitant, residing at _____________________,
hereinafter called the LICENSEE (Which expression unless be repugnant
to the context or meaning thereof be deemed to include his heirs,
executors, administrators and assigns) of the OTHER PART; WHEREAS
the LICENSOR is the exclusive owner and is seized and possessed
of the ___________________________________________________, admeasuring
about __________. hereinafter referred to as the 'SAID FLAT' for
the sake of brevity's. AND WHEREAS THE LICENSEE has approached the
licensor to give the said FLAT to the licensee on leave and licence
basis for a period of eleven months from ________ on terms and conditions
hereinafter appearing; NOW THIS AGREEMENT WINESSETH AS UNDER
COMMENCEMENT
1. The parties of the First
Part hereby state and declare that he has allowed the party of the other
part to use the said FLAT premises with effect from
.(date) for a period
of eleven months on Leave and Licence
basis.
PERIOD
2. The party of the other part has
agreed to occupy and use the said FLAT premises for a period of eleven
months purely on leave and licence basis commencing on
(date) and
expiring on
(date)
DAMAGE BROKERAGE
3. The
Licensee shall keep the said FLAT in good condition and if any damages,
breakages are caused to the said FLAT, the licensee shall make good the
loss caused to the Licensor on account of such damages and
breakages.
COMPENSATION / RENT
4. The Licence shall
pay Rs
/- (Rupees
) per month as compensation/rent for the
use of the said FLAT premises on or before 10th of every month and if he
fails to do so the owner has every right to cancel the
agreement.
5. The licensee shall keep the said FLAT premises in
good conditions and shall not cause any nuisance and shall refrain from
doing any act which might be objectionable to the owner or the neighbours
and for this purpose the Licensor shall have right to enter and inspect
the premises at any time suitable to him.
6. The licensee shall not
keep, permit or allow anyone else to use the said FLAT or grant licence to
use and occupy or sublet nor shall transfer or assigns the benefits of
this agreement to any other person.
7. The licensee shall not carry
any illegal business or activities nor shall store any prohibited articles
or commodities which could cause damage to the FLAT premises and shall
strictly observe the rules and regulation of the Society, Municipal
corporation, Grampanchayat and Police Department.
8. The licence
shall be automatically terminated on completion of eleven months and
immediately after that the licencee shall handover peaceful and vacant
possession of said FLAT to the licensor.
9. The Licensor shall have
right to take possession of the flat on breach of any of the terms and
conditions on the part of Licencee.
10. The Licensors and the
Licensee hereby covenant with each other that if either of the parties to
this agreement decides to terminate the licence earlier than the date
stipulated hereinabove, the desiring party of this agreement shall give
one month notice in writing to the other party of such intention and
accordingly the said agreement shall remain terminated on expiry of the
notice period.
RENEWAL
and whereas the party is here
to have an option to renew THIS AGREEMENT / AGREEMENT for further
period
..months from the day of
..to the
.day of
.., both days
inclusive on the same terms and conditions of THIS AGREEMENT, except for
this provision of further renewal, and provided the LICENSEE agrees to
increase the MONTHLY LICENCE / COMPENSATION to Rs
/- ( Rupees
..only ) (TIME BEING THE ESSENCE OF THIS
CONTRACT)
11. That on completion of THIS AGREEMENT period or
earlier termination thereof, as the case may be, as herein provided, the
LICENCEE shall receive, from LICENSOR, collectively or either of them, the
balance amount or complete amount of SECURITY DEPOSIT (as the case may be)
after deductions of monthly COMPENSATION/LICENCE - FEE, if any due, as
also all the arrears of charges due as per clause No.3 (three)
hereinabove, and monetory loss, if any, suffered by the LICENSOR, by
reason of the operation (by the LICENSEE) of THIS AGREEMENT OF LEAVE
LICENCE, besides the loss in terms of money, suffered by the LICENSORS on
account of damage to the PREMISES, and / or fittings/fixtures
therein.
12. That at all times, the OWNERSHIP and LEGAL POSSESSION
AND OCCUPATION of the PORTION and the PREMISES shall be that of the
LICENSOR, only and the LICENSEE shall use and occupy the PORTION as
LICENSEE only, and shall not claim any interest of any nature whatsoever
in the said PORTION or the PREMISES, and that nothing in THIS AGREEMENT
shall be construed to be a demise at law in respect of the PORTION or the
PREMISES or to confer the LICENSEE any right of
tenency/sub-tenency/lease/sub-lease, etc., in respect of the PORTION or
the PREMISES.
13. That the LICENSEE shall, on expiry of the period
of THIS AGREEMENT or the RENEWAL PERIOD, as the case may be or on earlier
revocation, and /or vacation, of said premises, as herein provided, remove
himself together with all his articles/things and hand over the occupation
of the licensors, collectively or either of them, peacefully, and without
any let/hindrance, in good order and condition normal wear and tear
expected.
14. That the LICENSORS and/or their respective authorized
agent/s shall have the right to visit/enter the PREMISES for bonafide
inspection purposes, at all reasonable times, between sunrise and sunset
times, only.
15. That the LICENSEE hereby confirm that the Premises
shall be occupied by him (LICENSEE) on "AS-IS-WHERE-IS" basis, and that,
therefore, any relevant laws/rules to the contrary notwithstanding, he
(LICENSEE) shall not during the period of THIS LICENCE, or thereafter,
demand or required by the LICENSORS any payment for any
additions/alterations/repairs/renovations, of the PORTION or the PREMISES,
which, if required by the LICENSEE, shall be carried out by the LICENSEE
at his own cost, subject to obtaining prior permission from the LICENSORS,
subject to the LICENSEE procuring required permission from the concerned
SOCIETY and all other concerned authorities/institutions.
16. That
the LICENSEE doth hereby agree/undertake that he, his family members,
staff, visitors, shall:-
(a) Take all reasonable care of, all and
singular, the PORTION and the PREMISES, and shall indemnify the LICENSORS
from and against any damage/loss (other than by ordinary wear and tear) by
reason of normal use/occupation thereof, and he shall not do any other
thing which may cause harm/damage to the PORTION of the PREMISES, and/or
to the fixtures/fittings in the PORTION of and the PREMISES, and shall
take proper care of the same as he would take in case of his own property
and belongings, and shall always keep the PORTION and the PREMISES in a
clean/habitable decent/sanitary condition, free from
waste/rubbish.
(b) Not do/cause/suffer to be done, any act/deed, or
thing in or about the PORTION or the PREMISES which is
illegal/improper/indecent/ immoral or which may expose the LICENSOR to any
damage/loss/harm, due to any legal/Government /Society's action, or any
action by the person/s so affected, and shall not
disturb/injure/damage/remove/shift/displace/misplaced, or cause to be
displaced/disturbed/injured/removed/shifted/misplaced, any of the
fixtures/fittings provided in the PORTION/PREMISES.
(c) Observe all
the rules/regulations, now in force, or as may be imposed hereafter by the
concerned SOCIETY/association/government/ Municipal authorities, in
respect of his use/occupation of the PORTION, from time to
time.
17. That the LICENSEE hereby agrees to indemnify the LICENSOR
and their representative, from all
claims/demands/damages/actions/costs/charges, to which they may have to be
held liable, by reason of any
activity/negligence/commission/non-performance/non-observance, of any
terms/conditions of THIS LICENCE, or otherwise, by the LICENSEE or any one
acting under him.
18. That THIS AGREEMENT shall be governed
by
(a) Indian Contract Act, 1882, and
(b) the LICENSEE
specifically agrees to be bound by the Bombay Rent Act, as at present in
force, and shall not be affected to the prejudice of the LICENSORS by any
change in the said provisions of relevant law (which might be adverse to
the interest of the LICENSOR) viz. Section No 24 of the said RENT ACT,
which reads as follows:-
s.24."(a) Not withstanding anything
contained in this Act, a LICENSEE in possession or occupation of PREMISES
give to him on LICENCE FOR RESIDENCE, shall deliver possession of such
PREMISES to the LANDLORD on expiry of the period of
LICENCE.
"AND on the failure of the LICENSEE to so deliver
the possession of the LICENCED PREMISES, a LANDLORD shall be entitled to
recover possession of such PREMISES from a LICENCE, by making an
application to the COMPETENT AUTHORITY.
"AND THE COMPETENT
AUTHORITY, on being satisfied that the period of LICENCE has expired,
shall pass as order for eviction of the LICENSEE.
"Any LICENSEE who
does not deliver possession of the PREMISES to the LANDLORD on expiry of
the period of LICENCE, and continues to be in possession of the LICENCED
PREMISES, till he is dispossessed by the COMPETENT AUTHORITY, shall be
liable to pay damages at double the rate of the LICENSEE - FEE or CHARGE
of the PREMISES fixed under the AGREEMENT OF LICENCE.
"THE
COMPETENT AUTHORITY shall not entertain any claim of whatever nature from
any other person who is not a LICENSEE according to the AGREEMENT OF
LICENSEE.
"Explanation - for the purpose of this SECTION
(a) The
expression "LANDLORD" does not include a tenant, or a sub-tenant, who has
given premises on LICENCE.
(b) An AGREEMENT OF LICENCE in writing shall
be conclusive evidence of the fact therein."
19. That under the
provision of the aforesaid clause No. (13)
(a) (2) of the said RENT
ACT, the said LICENSORS enhanced charge of Rs
/- (Rupees
Only)
per month, if he fails to vacate the PREMISES on or before the 30th day of
.., or the renewal period expiring on the 31st day of
, as the case
may be, and shall he also liable for prosecution under the aforesaid
provision of the BOMBAY RENT ACT, 1947, at the cost and consequences of
the said LICENSEE."
IN WITNESS WHEREOF, THE PARTIES TO HAVE
HEREUNTO SET AND SUBSCRIBED THEIR RESPECTIVE HANDS ON THE DAY AND THE YEAR
FIRST HEREIN ABOVE WRITTEN,
| SIGNED,SEALED AND DELIVERED
by |
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______________ |
| the within named "LICENSOR" |
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(LICENSOR) |
| (b)
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| in the presence of
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| Name
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| Address
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| 2.
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| Name
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| Address
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| SIGNED,SEALED AND DELIVERED
by |
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______________ |
| By the withinnamed "LICENSEE" |
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| In the presence of |
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(LICENSEE) |
| 1.
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