LEAVE AND LICENSE AGREEMENT
THIS AGREEMENT is made and entered into at Mumbai this
20th day of February, 2024 between MR. NARENDRA
GOVARDHAN DHAKE aged about 61 years, an adult Indian
Inhabitant residing at D-1, Ravi Kiran, Carter Road No. 3, Opp.
Gopal-Krushna Hotel, Borivali (East), Mumbai- 400066 owner of
Flat No. 001, A Mangal Murti Wing, Building No.4, Shree
Sadguru Nagar, Devipada, Borivali East, Mumbai-400066
holding Aadhaar Card No. 7695 4771 4805 hereinafter called and
referred to as “The Licensor” (which expression shall unless it be
repugnant to the context or meaning thereof shall mean and include
his / her / their respective heirs, executors, administrators and
assigns) of the “One Part”
AND
Mr. JIGNESHBHAI PRANJIVAN PARMAR, an adult, Indian
habitant of Mumbai, holding of Aadhaar Card No. 9530 3644 5597
hereinafter called referred to as the “Licensee” (which expression shall
unless it be repugnant to the context or meaning thereof shall mean and
include his / her / their respective heirs, executors, administrators and
assigns) of the Other Part, as follows;
WHEREAS the Licensor is in use, occupation and possession of
the said premises and sufficiently entitled to let the FLAT premises
being situated at, Flat No. 001, A Mangal Murti Wing, Building No.4,
Shree Sadguru Nagar, Devipada, Borivali East, Mumbai-400 066,
hereinafter called and referred to as "THE SAID FLAT PREMISES"
AND WHEREAS the LICENSEE is in need of FLAT premises
for his RESIDENTIAL use only and hence the LICENSEE have
approached to the Licensor with a request to allow the LICENSEE to
use and occupy the above said FLAT premises purely on temporary
period of 11 months on leave and license basis.
On considering the need and approach of the LICENSEE, the
Licensor has granted the leave and license to the LICENSEE and
allowed the LICENSEE to use and occupy the above said FLAT
premises purely on temporary period of 11 months of the said premises
on leave and license hereto annexed by red boundary line on the
following terms and conditions agreed to between the parties hereto;
NOW IT IS AGREED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:
I. The Licensor hereby grants leave and license to the Licensee to
occupy and use the said portion of the premises of the Licensor
(hereinafter referred to as the Licensed Premises) for a period of
11 months from 20th January, 2024 to 19th December, 2024. The
Licensee agrees to vacate the said premises even earlier, if the
Licensee secures any other accommodation in the locality where
the said premises are situated.
II. That the Licensee undertake to deposit with the licensor a sum
of Rs.75,000/- (Rupees Seventy Five Thousand Only) as and
by way of cash being the interest free Security deposit towards
due and proper performance of this agreement, the payment
and receipt the Licensor both hereby admits and duly
acknowledges to have received the same and the said security
deposit shall be refundable by the Licensor to the LICENSEE
either on expiry or pre-determination of this agreement after
deducting all reasonable dues, if any, payable by the
LICENSEE to the Licensor at the time of handing over the
peaceful vacant and physical possession of the said premises.
III. The Licensee undertake to pay the Licensor a sum of
Rs.9,500/- (Rupees Nine Thousand Five Hundred Only)
being the monthly rent/ compensation towards the use and
occupation of the said FLAT premises on or before 10th day of
every month.
IV. All the Municipal taxes and other taxes and levies in respect of
the licensed premises will be paid by the Licensor alone.
V. The electric charges and water charges for electric and water
consumption in the said licensed premises will be paid by the
Licensee to the authorities concerned and the Licensor will not
be responsible for the same. For the sake of convenience a
separate electric and water meter if possible will be provided
in the said premises.
VI. The Licensee will be allowed to use the open space near the
entrance to the licensed premises and shown on the said plan
by green wash for parking vehicle during working hours of the
Licensee and not for any other time and no car or other vehicle
will be parked on any other part of the said plot.
VII. The licensed premises will be used only for carrying on
residential purpose and for no other purpose.
VIII. The licensed premises have normal electricity fittings and
fixtures. If the Licensee desires to have any additional fittings
and fixtures, the Licensee may do so at his cost and in
compliance with the rules. The Licensee shall remove such
fittings and fixtures on the termination of the license failing
which they shall be deemed to be the property of the Licensor.
IX. The licensed premises are given to the Licensee on personal
residential basis and the Licensee will not be entitled to
transfer the benefit of this agreement to anybody else or will
not be entitled to allow anybody else to occupy the premises
or any part thereof. Nothing in this agreement shall be deemed
to grant a lease and the licensee agrees and undertakes that no
such contention shall be taken up by the Licensee at any time.
X. The Licensee shall not be deemed to be in the exclusive
occupation of the licensed premises and the Licensor will have
the right to enter upon the premises at any time during
working hours to inspect the premises.
XI. The Licensee shall maintain the licensed premises in good
condition and will not cause any damage thereto. If any
damage is caused to the premises or any part thereof by the
Licensee or his employees, servants or agents the same will be
made good by the Licensee at the cost of the Licensee either
by rectifying the damage or by paying cash compensation as
may be determined by the Licensor's Architect.
XII. The Licensee shall not carry out any work of structural repairs
or additions or alterations to the said premises. Only such
alterations or additions as are not of structural type or of
permanent nature may be allowed to be made by the Licensee
inside the premises with the previous permission of the
Licensor.
XIII. That the LICENSEE shall not sell, mortgage or part with
possession of the said FLAT premises with any person or party
and hereby undertake to handover the vacant and peaceful
possession of the said FLAT premises to the LICENSOR at
the expiry of this Agreement.
XIV. That the LICENSEE shall not make application for obtaining
any documents such as Electricity Meter, Passport, Telephone
Connection, Pan Card and/or any other B.M.C. License in his
name without prior written permission of the Licensor.
XV. 1f any of the parties hereto are desirous to terminate this
agreement prior to expiry of this agreement on that event one
month's prior written notice in writing to be served either side
of party to other side intending to do so.
XVI. The Licensee shall not cause any nuisance or annoyance to the
people-in the neighborhood or store any hazardous goods on
the premises.
XVII. If the Licensee commits a breach of any term of this agreement
then notwithstanding anything herein contained the Licensor
will be entitled to terminate this agreement by fifteen days'
prior notice to the Licensee.
XVIII. On the expiration of the said term or period of the License or
earlier termination thereof, the Licensee shall hand over vacant
and peaceful possession of the licensed premises to the
Licensor In the same condition In which the premises now exist
subject to normal wear and tear. The Licensee's occupation of
the premises after such termination will be deemed to be that of
a trespasser.
XIX. That the LICENSEE shall keep the said FLAT premises in neat
and clean and in maintainable conditions during the tenure of
this agreement and shall return the said FLAT premises in the
same condition as in he/they took possession from the
LICENSOR and if the licensee fails to do so then the Licensor
shall be at liberty to deduct the Painting/Damage charges from
the security deposit.
XX. This agreement shall borne within the provisions of section (i)
(b) of the Maharashtra Rent Control Act, 1999, preamble
sections and also section 24 of the special provisions for
recovery of possession of the said act and the Licensee
undertake to honour the provisions of the Maharashtra Rent
Control Act, 1999, which has come into force with effect from
3rd March, 2000.
IN WITNESS WHEREOF both the parties to this agreement
hereto have and hereunto set and subscribed their respective
hands on the day month and year first hereinabove written.
SIGNED, SEALED AND DELIVERED )
By Within named THE LICENSOR )
MR. NARENDRA GOVARDHAN DHAKE )
SIGNED, SEALED AND DELIVERED )
By Within named THE LICENSOR )
MR. JIGNESHBHAI PRANJIVAN PARMAR )
Witnesses:-
1.
2.
-:RECEIPT:-
RECEIVED of and from within named the ‘Licensee’ a sum of
Rs.75,000/- (Rupees Seventy Five Thousand Only) being the Interest
free security deposit of the said premises as per terms of this
Agreement.
I SAY RECEIVED
(LICENSOR)