LEAVE
AND LICENSE AGREEMENT
This
Leave and License Agreement made at Pune this 20th Day of June 2013
BETWEEN
Mr. XYZ
Age: 00 Years,
Occupation: XXXX
Residing at:
Hereinafter
called “THE OWNER” or “THE LICENSOR” (Which expression shall unless repugnant
to the context or meaning thereof shall include her heirs, representatives,
administrators, executors, successors and assigns) OF THE ONE PART…..
AND
Mr. ABC
ADRESS
Hereinafter
called “THE LICENSEES” (which
expression shall unless repugnant to the context or meaning thereof shall deem
to mean and include her heirs, representatives, administrators, executors and
successors) of the OTHER PART….
The
Licensor is the owner and otherwise well and sufficiently entitled to and
possessed of the Residential premises bearing , (ADDRESS OF RENTED PRIMISES) , Comprising
of First floor approximate 000 sq ft.
The
above premise is equipped with the bed, Fan toilets and bathroom
a) The
licensee being in need for residencies for Mr. ABC and the licensors which the licensor had agreed to give on leave
and license the said premises for a period of 11
months effective from 1st June
2013 to 31st April 2014 and on the terms and conditions
hereinafter appearing.
NOW IT IS AGREED BY AND
BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. The
licensor hereby grants to the licensee on Leave and Licensee basis to use and
occupy the said premises for period of 11 (Eleven)
month commencing from 1st June
2013 to 31st April 2014 for the residencies purpose of
the Licensee and for no other purpose in the manner hereinafter appearing in
clause (2) below
2. The
Licensee shall use the said premises for the purpose of residencies
3. The
Licensor shall be deemed to be in judicial possession of the said premises and
the licensee will be in use of and in occupation of the said premises as a mere
licensee, it being the intention of the parties hereto that the exclusive
possession of the said premises shall vest in the licensor alone.
4. The
Licensee shall pay to the Licensor a sum of Rs. 2,000/- (Rupees
Two Thousand Only) every month as License fee/compensation for use and
occupation of the said premise. The payment of such License fee/compensation
shall be made by the Licensee to the Licensor without any deduction of any kind
what so ever on or before the cheque, due to any technical reason the licensee
will deliver within three days of such information this amount by cash / DD. In
case of dishonoring of second cheque for what so ever reason the Licensee will
pay a penalty of Rs. 500/- along with the amount of the dishonored cheque y
Cash/DD within agreement prematurely by giving only seven days notice in case
any cheque is dishonored thereafter.
5. During
the terms of license hereby granted the Licensee shall keep deposited with the
Licensor a sum of Rs. Nil /- (Rupees Nil )
by cash and by the way interest free security deposit for due fulfillment of
the terms and conditions at this agreement. The said security deposit shall
carry no interest and shall be refunded by the licensor to the Licensee on
vacating and handling over quiet and peaceful occupation/possession of the said
premises to the Licensor on the expiry of the license period or its sooner
determination within the Licensee10 days of such peaceful vacation. The
Licensor shall be entitled to deduct from security Deposit such amount being
the amount towards the costs, damage, loss caused to the said premises by the
Licensee or their family member sin occupation of the said premises towards
such expenses that would be required to restore back the said back then said
premises in its original condition as was on the commencement of the license.
The quantum of such loss or damage and expenses reasonably required to restore
the said premises in its present condition shall be quantified by the architect
alone and both the parties here to undertake to agree to the same.
6. All
charges not included of electricity or other illuminant energy or power
consumed on the licensed premises by the licensee and other charges of and
incidental to the use and occupation of the said premises by the licensee
including cable TV, charger, telephone bills, if any shall be paid by the
licensee to the concerned authorities directly. The Licensor shall pay the PMC
taxes, society charges and the maintenance charges and also all other rates,
taxes, cesses, charges assessment and other impositions, duties and outgoings
to the concerned authorities as and when levied by the concerned authorities
for and during the continuance of this agreement.
7. The
Licensee shall keep the interior of the said premises and the floors, walls, ceilings,
doors, windows, electricity installations, water taps and other fittings and
fixture thereof in good condition (reasonable war and tear and damage by fire
tempest and acts of god expected) and shall repair make good or replace and
damage or breakage caused to the same or any thereof. All major repairs in the
said flat shall be carried out by the Licensor promptly as and when required.
8. The
licensee and/or any person on behalf of the licensee shall not make any
alteration or additions to the construction of arrangement (internal or
external) of permanent nature in the said premises. It is specifically
understood that on expiry of this agreement or its sooner determination as
provided herein the Licensee shall at her costs restore and hand over the said
flat / premises in the same condition as it has given to the licensee on the
commencement of the license hereby granted and this is the essence of this
agreement. The Licensee shall be entitled to bring his own furniture and foods
in the said premise.
9. The
Licensee and / or his family members, servants shall not do the or permit to be
done upon the said premises any act of thing which is contrary to the provision
or Maharashtra Co-operative Societies Act rules and bye laws of the society and
which may be or may become am nuisance or annoyance to or in way interfere with
quite possession of the Licensor or the tenant or occupies of the other
portions of the building in which said premises is situated.
10.
It is expressly agreed and declared that
neither tenancy nor any right title or interest whatsoever are here by created
or intended to be created by this agreement in favor of the Licensee.
11.
The Licensee shall not keep or store in
or upon any part of the said premises petrol or any other goods of combustible
hazardous or explosive nature except goods of such nature as are required for
household use and care and permitted by the law; nor to do or suffer to be done
on the said premises anything which shall invalidate or make avoidable or
increase the premium payable on the policy or policies or insurance for the
time being in force in respect of the building in which the said premises is
situated.
12.
It is expressly agreed by and between
the parties hereto that this agreement is only for the period of 11 months
commencing from 1st June 2013 to 31st April 2014
however, the Licensor may agreed to extend the leave & license agreement
for a further period of 12 months an increased licensee fee by another
agreement, terms, condition and L.L. fee the license shall automatically stand
terminated on the of the period as stated above unless this agreement is extend
for a second terms and it shall not be necessary for the licensor to give a
notice for the termination. The licensee upon such termination shall hand over
vacant and peaceful occupation / possession to the Licensor.
13.
The license to use the said premises is
being granted to the licensee on a personal basis and the licensee shall not be
entitled to transfer, assign, sub-let, under-let or granted any license in
respect of or part with possession of the said premises or any part thereof.
14.
The licensee and servants, if any, shall
observe and perform all the terms and conditions / by law applicable to the
said premises. The licensee shall also observe all the municipal and society
law, rules and regulations and by – law as applicable in respect of use and
occupation of the said premises.
15.
If the compensation for the said
premises payable here under or any part thereof shall remain unpaid for period
of 15 days after the same has become due (whether demand or not) of it may of
the terms and conditions therein contained shall not be performed or observed
then and in any of the said events it shall be lawful for the licensor or any
of the person or persons duly authorized by his to forthwith terminate and
revoke the license hereby granted by giving a written notice to the licensee.
Notwithstanding anything to the contrary herein and upon such termination of
the license, the licensor or his authorized representative shall be at liberty
to enter upon the said premises for that purpose to break open any doors, locks
or bolts to get entry into the said premises and thereupon the licensee and its
family members and bonafide servants occupying the said premises and shall
hand over quiet, peaceful and vacant possession of the said premises to the
licensors or her authorized representative.
16.
The licensor shall not be responsible
for any damage that may happen to the person or property whatsoever of the
licensee, his family, members, servants, visitors, invitees and other persons
using the said premises for the time being by fire, rain, floods, leakage,
bursting or water or electric wires, castings or tubes of other installation in
or about the said premises or by the giving way of way portion or portion o the
flooring, wall, roof, ceiling or any other part of the building or from any
cause whatsoever.
17.
Upon expiry of the license hereby
granted or termination of the license hereby created or sooner determination
thereof, the licensee shall forthwith remove themselves together to occupy the
said premises the expiry, termination and / or the determination of the license
then and in that event the licensee, and their bona fide servants shall do so
as trespasser and will be liable to adjustment proceeding AND IT IS HERBY
agreed that until the vacant occupation of the said premises id handed over to
the licensors as aforesaid, the licensee shall be bound and liable to pay the
licensor a sum Rs. 800/- per day as and by way of agreed compensation damages
for wrongful occupation of the said premise.
18.
It is expressly agreed by and between
the parties hereto that if before the completion of the terms under this
agreement, either party desirous of terminating this agreement shall be at
liberty to terminate the license hereby created without assigning any reason
thereof by giving at least one month notice to the other party.
19.
The licensee shall not change the lock
on the main entrance door or other doors of the said premises. The licensee
shall allow the licensor and or his agent at a reasonable time to inspect the
said premises with prior notice to the licensee.
20.
Notwithstanding anything stated herein
it is clearly understood and agreed between the parties hereto that the
permission granted hereby can be revoked forthwith by the licensor prematurely,
if any legislation / notification prohibiting or restricting leave and license
permission comes in force; of the property tax is increased abnormally by PCMC
for giving the flat on leave and license basis.
21.
The parties declare that this agreement
is governed by the provisions of the Maharashtra Rent Control Act, 1999. This
party hereto agrees that without prejudice to the foregoing provisions and
without prejudice to all or any other rights and remedies that may be available
to the licensors under this agreement. The licensor is entitled to avail of
rights conferred by the Maharashtra Rent Control Act, 1999 to recover
possession of the said premises and that this agreement is governed by the
provisions of the Maharashtra Rent Control Act, 1999.
22.
It is agreed between the parties that
the original of this agreement shall be retained by the licensor and the
licensee shall keep with him a copy of this agreement.
23.
Any dispute pertaining to this agreement
shall be subject to the jurisdiction of courts is Pune only.
IN WITNESS WHERE OF the
parties hereto have executed these presents the day and year here in above
written
SIGNED
SEALED AND DELEVERED
For
the within named LICENSOR
Mr. XYZ
SIGNED
SEALED AND DELEVERED
For
the within named LICENSEE
Mr. ABC
In the presence of
Witness
1
Witness 2
AAA BBB
ADDRESS ADDRESS
Mob: 1234567890
Mob: 1234567890
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