LEASE DEED
This LEASE DEED is made and executed at Chennai on this the 25th day of
November 2023;
BETWEEN
Mrs. Kavitha, W/o. Mr. Sagadevan, aged about 47 years, and residing at
No. 34/11, Annai Abirami Nagar, 1st Cross Street, Thiruverkadu,
Ayapakkam, Tiruvallur – 600 077, hereinafter referred to as the “LESSOR”
which expression shall wherever the context admits or permits deem to
mean and include their heirs, successors, legal representatives,
administrators, executors, assigns and nominees of ONE PART.
AND
M/s. Hoot N Hangers, a Partnership Company, represented by its Partner
Mr. Gopinath G, S/o. Mr. Gnanapragasam, aged about 22 years, and
residing at No. 83, Vasanthapuri, Perumaleri, Kancheepuram – 603 104,
hereinafter referred to as the “LESSEE” which term shall mean and include
its successors in interest and assigns of the OTHER PART.
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The ‘LESSOR’ and ‘LESSEE’ are hereinafter individually referred to as
‘Party’ and collectively as the ‘Parties’.
WHEREAS the Property situated at 34/11, Annai Abirami Nagar, 1 st Cross
Street, Thiruverkadu, Ayapakkam, Tiruvallur – 600 077 belongs to the
Lessor.
WHEREAS the LESSOR has represented to the LESSEE that they are the
absolute LESSOR and in lawful possession and enjoyment of the Schedule
Mentioned Property situated at 34/11, Annai Abirami Nagar, 1st Cross
Street, Thiruverkadu, Ayapakkam, Tiruvallur – 600 077.
WHEREAS the LESSEE is desirous of taking on monthly lease, the Ground
floor of the property having a built area of 1344 sq. ft. together with one car
park and one two-wheeler parking, more fully described in the Schedule
hereunder for commercial purposes, with the promise and assurance to
comply with the terms and conditions contained herein.
Believing the covenants, assurances, promises and undertakings of the
Lessee, the Lessor has agreed to let out the Schedule Mentioned Property to
the Lessee for the purpose of carrying on its commercial activities, on the
stipulations, terms and conditions recorded hereunder.
NOW IT IS HEREBY EXPRESSLY AGREED AND DECLARED BY AND
BETWEEN THE LESSOR AND LESSEE AS FOLLOWS: -
1. COMMENCEMENT & DURATION:
a. THE LESSOR hereby agrees to lease the scheduled premises, more
particularly described in the Schedule hereto, to the Lessee for a period of 2
years with effect from 25th November 2023 to 25th November 2025 unless
determined for a shorter period by way of termination.
b. On satisfactory completion of the first 2 years lease period, the same may
be renewed for further period of 2 years only if mutually agreed upon by
both the LESSOR AND LESSEE by entering into a separate Lease
Agreement. Any further extension of lease of the premises shall be only at
the option of LESSOR on mutually acceptable terms.
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c. This Lease will commence from 25 th November 2023 and the Rent payable
by the LESSEE to the LESSOR shall commence from 1 st December, 2023. The
Lessee shall enjoy all the rights and remedies available to it under this deed
from 25th November 2023 onwards.
d. The LESSOR shall pay all Maintenance Charges, Electricity Charges,
Telephone charges etc., to the concerned authorities prior to 25 th November
2023. The Lessee will pay the same @8/- per sft. and will be paid only from
25th November 2023 and any prior dues have to be cleared by the LESSOR.
2. RENT
a. The Lease rental payable by the LESSEE to the LESSOR for the first 2
years shall be Rs. 6000/- (Rupees Six Thousand Only) per month along with
Rs. 500/- (Rupees Five Hundred Only).
b. GST is also payable, by the LESSEE, on the gross rent. Any changes in the
GST rates will have to be borne by the LESSEE.
c. Rent and GST shall be payable to the LESSOR, in advance, on or before
the 10th day of the month for which the rent is due.
d. The Rental payments shall be made in the form of cash only.
3. ESCALATION
The agreed upon monthly lease rentals shall be subject to an increase of
15% (Fifteen percent) per every 2 years, on previous year’s Gross rent.
4. SECURITY DEPOSIT
a. The LESSEE has paid to the LESSOR a sum of Rs. 30,000/- (Rupees Thirty
Thousand Only) vide cash, as Interest Free Refundable Security Deposit
(IFRSD) to be held free of interest and the LESSOR hereby acknowledges
receipt of the aforementioned amount.
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b. This Interest Free Refundable security deposit is equivalent to 5 months
of rent.
c. This IFRSD is refundable at the time of the LESSEE surrendering the said
premises to the LESSOR on expiry or on earlier termination of the Lease
Agreement.
5. COVENANTS
The LESSOR Covenants with the LESSEE as follows:
a. The LESSOR will hand over the demised premises as a bare shell with
basic flooring unfurnished.
b. The LESSOR hereby promises and undertakes to provide the LESSEE
parking area to accommodate 1 covered car parking space and 1 Two-
wheeler parking space.
c. The LESSEE paying the rent and other charges hereby reserved,
observing, and performing the terms, conditions and covenants of the lease
herein contained shall be entitled to quiet possession and peaceful
enjoyment of the Demised Premises. There will be no hindrance,
interruption or disturbance by or from the LESSOR, their heirs, or by any
person, persons claiming through, under, or interest for the LESSOR or
their representatives.
d. On expiry or earlier termination of this lease, the LESSOR shall refund
the interest free refundable security deposit subject to deduction of arrears
of monthly rent, electricity, Generator usage, water and damages due to the
negligence of LESSEE, if any, to the LESSEE without any delay
simultaneously with handing over the vacant possession.
e. The LESSOR shall permit the LESSEE to bring into the Demised Premises
fixtures, fittings, furniture, and articles and personnel effects necessary or
required for their use with liberty to remove the same on expiry or earlier
termination of this Agreement as the case may be.
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h. The LESSOR shall bear and pay all the statutory taxes / rates/ cesses/
levies directly to the Concerned Statutory Authorities with regard to the
above Leased Premises.
i. The LESSOR shall ensure that this lease deed / agreement shall be part of
any sale/transfer of the scheduled property by the LESSOR to any third
party during the effective period of this Lease.
The LESSEE Covenants with the LESSOR as follows:
a. THE LESSEE hereby agrees and undertakes to pay the rent stipulated on
or before the 10th of every current calendar month.
b. The LESSEE hereby agrees to pay the Maintenance charges @ Rs.8/- per
sq. ft. payable to the LESSOR during the period of Lease.
c. The LESSEE shall attend all minor maintenance, including distemper and
painting inside the demised premises, during the period of lease.
d. During the Lease period detailed herein above, the LESSEE shall be
exclusively responsible for the payment of consumed electricity charges
and water charges to the concerned authorities for the demised premises.
e. The LESSEE expressly covenants with the LESSOR that LESSEE will not
sublet or sublease the said demised premises or any part thereof to any
other person, firm or company.
f. In the event of any damage being caused to the scheduled premises
herein due to the negligence of the LESSEE, or its agents and/or visitors, the
LESSEE hereby undertakes to compensate the LESSOR for the same, to
such extent, as per rates applicable and in force and as certified by
Valuer/Architect appointed by the LESSOR.
g. The LESSEE hereby promises not to make any structural alterations or
additions to the demised premises that might cause any damage to the
permanent structure. The LESSEE shall not make or permit to be made any
alterations or additions to the Demised Premises without the previous
consent in writing of the LESSOR.
h. The LESSEE shall maintain the Demised Premises in good condition and
hand over the same to the LESSOR on expiry or on earlier termination of
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the lease as the case may be, in the condition in which those have been
handed over to it at the time entering into this Agreement, subject to
normal wear and tear.
i. To deliver back the vacant possession of the Demised Premises to the
LESSOR immediately upon expiry of the lease term and/or on earlier
termination in good condition subject to reasonable wear and tear. The
LESSOR shall refund the entire amount of Security Deposit after deducting
the dues, if any, on account of arrears of rent, charges for the electricity
consumed, maintenance charges and the damages to the Demised Premises
due to the negligence on the part of the LESSEE or its authorized
representative during the lease period.
j. In the event of the LESSEE, not paying rent for a period of two
consecutive months the LESSOR shall be at liberty to evict the LESSEE
without adhering to any other conditions of this agreement and the
Security Deposit will be adjusted against the rents and Balance will be
refunded to the LESSEE.
6. FORCE MAJEURE
Neither Party shall be responsible for delay or default in the performance of
its obligations due to contingencies beyond its control, such as fire, flood,
civil commotion, earthquake, war, strikes or government action. If either
Party is prevented by such contingency from performing its obligations
under this Agreement such party shall promptly notify the other party of
that effect. Such party shall, however, make its best endeavor to remedy the
delay or default at the earliest and shall further observe all other terms of
this Agreement, the performance of which are not affected by such force
majeure.
7. SALE OR TRANSFER OF PROPERTY
a. In the event of the LESSOR at any time during the period of this
agreement or extended period thereof, assign and transfer their rights in the
Demised Premises as a whole or in part or parts thereof to any person or
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persons by sale or otherwise then in that event, the LESSEE shall attorn to
such transferee or transferees on the same terms and conditions as are
herein contained. This agreement shall be part of any sale or transfer that
the LESSOR enters into.
b. Further, the LESSOR shall ensure that the amount paid to them as
security deposit shall be transferred to the new owner, upon the new owner
assuming the clean and proper title to the ‘Schedule Premises’ or the whole
property wherein the ‘Schedule Premises’ forms part.
8. DEFAULT
The LESSEE accepts, agrees and undertakes not to commit even a single act
of default. Each of the following shall constitute an event of default and
shall be a ground for eviction:
A. The LESSEE is required to pay rents, maintenance and charges
towards electricity. Failure to pay rental, maintenance or electricity
charges as per actual on the respective due dates.
B. Non-compliance of any of the terms or conditions found in this
agreement.
C. Failure to perform or observe any other agreement, covenant or
condition to be performed by a Party after notice of default from the
other Party, if such default could cause either Party to be subject to
prosecution for violation of any law, rule or regulation.
D. Subletting and/or under letting and allowing third parties to make
use of the Schedule mentioned property entirely or a part thereof
directly or indirectly without the written consent of the LESSOR.
E. Failure/Refusal to comply with the provisions of Tamil Nadu
Regulation of Rights and Responsibilities of Landlords and Tenants
Act, 2017 and rules thereunder.
F. Violation of Central and/or State Laws and any other terms and
conditions pertaining to the Demised Premise or upon the occurrence
of any event of default not rectified by the LESSEE within seven
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working days from the date the LESSEE is put on notice in writing by
the LESSOR of the event of default, with or without terminating this
agreement, the LESSOR may re- enter and take possession of the
Demised Premise, in a manner known to law after giving due notice
to the LESSEE.
G. All rights and remedies of the Parties set forth herein are in addition
to all other rights and remedies available to Parties at law. All rights
and remedies available to either Party hereunder or at law are
expressly declared to be cumulative.
The provisions of this article shall survive the expiration and/or termination
of this agreement.
9. CONDITIONS AND COMPLIANCES
A. The LESSEE shall not sublet or underlet the Schedule Mentioned
Property or grant license to use and occupy nor shall it transfer or
assign the benefits of this agreement to any other person or entity,
other than its sister or group concerns.
B. The LESSEE shall not carry any illegal business or activities.
C. The LESSEE shall keep the Schedule Mentioned Property in good
condition and shall not cause any damage to the Schedule Mentioned
Property.
D. The LESSOR or the Schedule Mentioned Property will not be subject
to any liability of whatsoever nature in respect of any liability or dues
or violation of statutory provisions by the LESSEE.
E. The LESSEE shall take due care of the Schedule Mentioned Property
during the tenure of this agreement. In the event of any damage or
loss to the Schedule Mentioned Property due to the LESSEE’s
negligence, the Schedule Mentioned Property shall be restored to
good original condition at the instance and cost of the LESSEE.
F. That the LESSEE shall, on expiry of the period of THIS AGREEMENT
or on earlier revocation, and /or vacation, of said premises, as herein
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provided, remove itself together with its articles/things and hand
over the vacant possession of the property peacefully, and without
any let/hindrance, in good order and condition, subject to normal
wear and tear.
G. The LESSEE agrees not to keep or store any goods of any hazardous
or combustible nature, or goods which would otherwise affect the
construction or the structure of the Building.
10. INDEMNITY
A. Either Party shall defend, indemnify, and hold harmless the other
from and against any claim, liability, demand, loss, damage,
judgment or other obligation or right of action, which may arise as a
result of:
I. Breach of this Agreement;
II. Misrepresentation to the other;
III. Defect/lack of right, title and interest in the Said Premises;
IV. Anything done by or omitted to be done through the negligence
or misconduct of itself or its representatives/agents.
Both parties agree that the indemnity clause is applicable in case of direct
damages and not consequential damages.
11. TERMINATION
If the LESSEE breaches any of the terms contained in this agreement, then
the LESSOR shall give 15 days’ notice to remedy such breach and in spite of
the same, if the LESSEE does not remedy the breach, the LESSOR shall be
entitled to terminate the rental agreement prior to its expiration,
notwithstanding the lock-in period, by providing One months’ notice
regarding such termination to the LESSEE.
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If the LESSOR breach any of the terms contained in this agreement, then the
LESSEE shall give 15 days’ notice to remedy such breach and in spite of the
same, if the LESSOR does not remedy the breach, then the LESSEE will be
entitled to terminate the rental agreement arrangement prior to its
expiration, notwithstanding the lock-in period, by providing One months’
notice regarding such termination to the LESSOR.
Upon expiration or termination of this agreement, the LESSEE agrees to
remove its movable property from the SCHEDULE MENTIONED
PROPERTY and to surrender the DEMISED PREMISES to the LESSOR in a
clean condition.
12. SEVERABILITY
It is agreed that if any of the provisions of this agreement are declared null
and void and are of no force and effect for any reason, then such
determination shall not affect the other provisions of the agreement, which
shall remain in full force and effect.
13. JURISDICTION
All matters arising out of this agreement and connected and related matters
shall, in all respects be subject to the exclusive jurisdiction of the courts in
Chennai alone.
14. WAIVER
No waiver or acquiescence of any breach, or any continuing or subsequent
breach of any provision of this Deed shall be construed as a waiver of any
right under or arising out of this Deed or acquiescence to recognition of any
right and/or any position other than that expressly stipulated in the
Agreement.
15. ENFORCEABILITY
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If any term, condition or provision of these presents or the application
thereof to any extent, is, or becomes invalid or unenforceable, the
remainder of these presents and/or the application of such terms,
conditions and provisions shall not be affected thereby; the Parties shall
attempt to replace such unenforceable provision with a valid provision
which gives effect to the intent of the Parties as nearly as possible, in
accordance with the law, and each term, condition and provision shall be
valid and enforceable to the fullest extent permitted by law.
16. STAMP DUTY
The cost of stamp duty, registration fees and other incidental charges for
stamping and registration of this Agreement shall be borne by the LESSEE.
Two copies of the Agreement shall be executed with each party retaining
one copy.
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SCHEDULE MENTIONED PROPERTY
All that piece and parcel of 1344 sq. ft. of immovable property at Ground
Floor, No. 34/11, Annai Abirami Nagar, 1 st Cross Street, Thiruverkadu,
Ayapakkam, Tiruvallur – 600 077, together with 1 car parking and 1 two-
wheeler parking.
IN WITNESS WHEREOF, THE ABOVE-NAMED LESSOR AND LESSEE
have set their hand and seal to this DEED on this the day and year specified
hereinabove.
Signed and Delivered by the
Within named LESSOR namely
Mrs. Kavitha S
Signed and Delivered by the
Within namaed LESSEE namely
Hoot N Hangers.,
Represented by its Partner,
Gopinath G
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WITNESS:
1. 2.
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