THIS
AGREEMENT OF LEAVE & LICENCE is made and entered into at _______________(city)
on the __ day of ______ Two Thousand and 0ne
__________________,of _______________(city),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 _______________(city), 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 | ) | ______________ |
| the within named "LICENSOR" | ) | |
| (a) | ) | (LICENSOR) |
| (b) . | ) | |
| in the presence of . | ) | |
| 1. | ) | |
| Name | ) | |
| Address | ) | |
| 2. | ) | |
| Name | ) | |
| Address | ) | |
| SIGNED,SEALED AND DELIVERED by | ) | ______________ |
| By the withinnamed "LICENSEE" | ) | |
| In the presence of | ) | (LICENSEE) |
| 1. | ) | |
| ) | ||
| 2. | ) |