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LEAVE AND LICENSE AGREEMENT

THIS AGREEMENT made at Mumbai on this 01st day of March, 2015
BETWEEN Mr. Hazrat Nizam Ali,residing at 104 Begum Mahal Dongri
Saheb Nishti Near Vikhroli Market Vikhroli - 400083 Hereinafter called
the LICENSOR (which expression shall whenever the context so
requires or admits means and includes his/her heirs, executors,
administrators and assigns) of the One Part
AND Mr Abu Sufiyan Azad Kazi, Indian Inhabitant having his/her
permanent address at A/2 Green Field Housing Soceity Near
Chand Nagar Kausa Mumbra - 400612. Hereinafter called the
LICENSEE (which expression shall whenever the context so
requires or admits means and includes his/her heirs, executors,
administrators and assigns) of the Other Part.

Whereas the LICENSOR is lawful owner of and otherwise well

sufficiently entitled to and seized and possessed of 104 Sehar.
Residency Near Bilal Hospital Kausa Mumbra 400612 Hereinafter
referred to as the SAID PREMISES.

AND WHEREAS the Licensee being in need of Residential Premises has

approached the Licensor through an agent with a request to permit the Licensee
to occupy 2 bedroom hall, Kitchen in the said premises by Leave and License
for the purpose of residential use for a period of 22 months {along with
furniture, fixture, fittings & appliances}.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY
AGREED BY AND BETWEEN THE PARTIES AS UNDER:
1.

That the Licensor doth hereby grants to the Licensee Leave and License
to enter into upon and remain in the said premises for a period of __
months commencing from March 2015 to January 2017 for residential
use by the Licensee and his/her family.

2.

That the License hereby granted shall unless withdrawn, cancelled or

revoked earlier under any provision of this agreement remain in force for
the period of 24 months only.

3.

That the Licensee shall have no right to create any sub License or assign
or transfer in any manner the License or give to any one the possession of
the said premises or any part thereof, except for residential use only by
him/her or with his/her family.

4.

That the Licensee shall not use or permit to be used the said premises for
any illegal or improper purpose or as public house and shall not do,
cause, permit or suffer upon the said premises or any part thereof
anything which may be or become a nuisance or annoyance or cause
damage to or prejudicially effect the interest of the Licensor or any other
neighboring occupiers.

5.

That the Licensee shall not do or suffer to be done anything, which may
invalidate the Insurance of the Societys building in which the licensed
said premises is situated.

6.

That the Licensee has before signing of this agreement satisfied himself /
herself with the working of sanitary, electrical and water supply
connection pertaining to the said premises. He/She agrees that he/she
shall be responsible for their return in full working condition at the time
of repossession of the said premises on termination of this agreement.

7.

That the Licensee is not authorized to make any permanent additions or

alterations in the construction of the said premises whatsoever the case
may be.

8.

The Licensor or his/her duly authorized agent shall have the right to enter
into upon the licensed said premises or any part thereof at mutually
agreed time for the purpose of inspection.

9.

That the Licensor shall not in any event be responsible or liable for any
loss or damage to any goods or property of the Licensee whatsoever be
the cause of such loss or damage.

10.

That the Licensee shall use the said premises {along with furniture,
fixtures and fittings} and shall see that the same is used in careful and
responsible manner and shall make good to the Licensor all such damages
or loss as the Licensor may sustain whether the same be caused by the
Licensee or his/her visitors to the said premise (reasonable wear and tear
or damage by fire, flood, rain, accident, irresistible force or act of God
excepted). The said premises would be handed over to the Licensor
exactly in the same state as it was taken possession of.

11.

This agreement is governed strictly under Leave and License terms and
the Licensee shall deliver the possession of the premises to the Licensor
{along with furniture, fixtures and fittings} on expiry of the period of this
agreement and the Licensor is entitled to recover possession of the said
premises on expiry of this agreement as per provisions of section 24 of
Maharashtra Rent Control Act, 1999.

12.

In addition to the license fee mentioned the Licensee should pay

electricity bills as per the meter, telephone bills, TV cable charges and
gas charges and car parking charges to the authorities concerned on time
and that the Licensor shall not be responsible for the disconnection if the
payment is not made on time.

13.

The Licensee shall pay to the Licensor, Licence fee and / or

compensation of Rs. 96,000/- (Rupees Ninety Six Thousand Only) which
amount shall be payable on or before the 30th March of every year.

14.

In addition to the monthly licence fee and/ or compensation payable by

the Licensee to the Licensor, the Licensee shall deposit and keep
deposited with the Licensor sum of Rs.100000/- (Rupees One Lac Only)
as security deposit for the due performance of the terms and conditions of
this presents. The said deposit shall not carry any interest and shall be

refunded by the Licensor to the Licensee on expiry or upon the earlier

determination of this presents after deducting there from any amounts
payable by the Licensee to the Licensor under this agreement and all
other losses and damages caused to the Licensor by damage or distention
or demolition of the said premises or non payment of any bills/taxes
agreed to be paid by the Licensees under these presents. The said sum of
security deposits after deductions shall be repaid by the Licensor to the
Licensee at the time of handing over to the Licensor vacant possession of
the said premises.
15.

In the event of the Licensee:a)

b)
c)

committing a breach of any of the terms and conditions of this

agreement
Going into voluntary or compulsory liquidation or
In any way jeopardizing the rights, title and interest of the Licensor
in respect, title and interest of the Licensor in respect of the said
premises.

The Licensor shall be entitled to terminate this Agreement by giving a 15

days notice, and in such an event, after the expiry of the period of such
notice the Licensee may not be allowed to enter the said premises.
16. a)
In the event the Licensee fails to hand over vacant and peaceful
possession and occupation on expiry of this agreement either by efflux of
time or sooner its determination as provided hereinabove the Licensee
shall pay Rs. 1000/- (Rupees One thousand only) per day, in addition to
the monthly to the monthly compensation, as pro-rata compensation from
the next day until the said premises is in the possession and occupation of
the Licensor. The Licensee shall also be liable to bear and pay al other
consequential expenses that may be incurred by the Licensor to obtain
repossession and occupation of the said premises from the Licensee and
the Licensee hereby undertake to keep indemnified the Licensor hereto.
b)
In the event the Licensor fails to handover the Interest free Security
Deposit to the Licensee on their eagerness to handover vacant and
peaceful possession and occupation, to the Licensor, on expiry or by
efflux of time, or its sooner determination as provided hereinabove, then
the Licensor shall pay a penalty on the amount of security deposit @18%
per annum as pro rata compensation till the day he returns the said
deposit and any unutilized portion of the advance license fee to the
Licensee, and in that event the Licensee shall occupy the said premises

without paying any compensation until the said Security deposit is

refunded by the Licensor to the Licensee.
17.

The Licensee hereby admit and acknowledge that it is the express

intention of the parties to this agreement that the relationship of landlord
and tenant shall and be deemed to be created hereby or otherwise between
them under any circumstances whatsoever. This agreement merely
confirms, bares possession of Leave and License and does not create any
interest into or upon the said premises or any part thereof in favour of the
Licensee. It is not intended by this agreement to create any lease or sublease or any other rights, titles and interests into upon the said premises in
favour of the Licensee and the Licensee hereby agrees that under no
circumstances the Licensee shall any right to tenancy, sub-tenancy or any
other right of any nature into or upon the said premises.

18.

That the Licensor and the Licensee hereby agree that the original key of
the said premises is with the Licensor and whereas duplicate key is with
the Licensee and on no account the said be changed by the Licensee.

19.

That the Licensor shall pay all existing and future rents, rates, taxes,
assessments, cessess or other outgoings, central, state, municipal assessed
charges, imposed, levies or payable in respect of the said premises or any
part thereof including the ground rent and all maintenance charges levied
recovered by the owner of the building in respect of the said premises
including non-occupation if any.

20.

Both the Licensee as well as the Licensor shall have an option to

terminate this agreement by giving 2 months notice in writing to the
other side of their intension to do so and at the earlier termination only
after the first 6 months of this agreement, if any.

21.

During the last month of the contract the Licensee shall allow the
Licensor to have access to the said flat, for him to exhibit the flat to other
prospective clients at mutually agreed time and date.

22.

The original agreement will remain with the Licensor and the copy duly
signed by both the parties shall remain with the Licensee.

23.

Stamp duty and registration charges shall be borne by both the parties
equally.

DESCRIPTION OF THE FLAT

Address:
104 Sehar Residency,
Near Bilal Hospital
Kausa Mumbra
Consisting of: 2 B.H.K. and is furnish.
IN WITNESS WHEREOF the parties hereto have set their hands on the day and
year hereinabove first mentioned.
Signed, Sealed & Delivered

By the within named LICENSOR

Mr. Hazrat Nizam Ali

In the presence of..

Signed, Sealed & Delivered

By the within named LICENSEE

Mr. Abu Sufiyan Kazi

In the presence of..

RECEIPT
Received with thanks a sum of Rs.96000/- (Rupees Ninety Six Thousand only)
by cheque No. 204478 drawn on 01st March 2015 from the within named
Licensee as an interest free deposit
for the possession of the flat as per the above Leave and License agreement
commencing from March 2015 to Feb 2016.

I SAY RECEIVED

_______________

(LICENSOR)

WITNESSES:

1.

2.