You are on page 1of 6

LEAVE AND LICENCE AGREEMENT

This AGREEMENT OF LEAVE AND LICENCE is entered into at Panaji on this


1st day of August of the year 2008.

BETWEEN

MR. JOSE MARIA ANTONIO AGNELO LOURDES MARTINS alias JOSE


MARIA MARTINS, son of late Antonio Elisio Lourdes Martins, major of age,
service, residing at Cardozo Ward, Taleigao-Ilhas, Goa hereinafter called the
LICENSOR OF THE ONE PART.

Contd.Pg.2
2

AND

MR. MOHAN VINCENT SALER, an individual of Indian origin, now a British


citizen, major of age, married holding British Passport No. 094048378 issued on
27/11/2001 at UK and having his permanent address at 95, Culver Grove,
Stanmore, Middlesex, HA 7, 2NG, UK, hereinafter called the LICENSEE OF
THE OTHER PART.

Contd. Pg.3
3

WHEREAS the LICENSOR, is the owner in possession of an apartment


namely 7B / G1 admeasuring a built up area of about 95 sq.mts. and consisting of
one living cum dining room, two bedrooms, one kitchen, two bathrooms, three
balconies and stilted parking reserved for the LICENSEE located at Tonca,
Miramar, Goa in the project known as “Models Paradise”.

WHEREAS the LICENSEE, in his search for a temporary accommodation


approached the LICENSOR to allow him and his family to live in the said
apartment.

WHEREAS the LICENSOR proposed to grant to the LICENSEE on the


basis of Leave and License to use and occupy the said apartment solely for his
residence and that of his family, for a period of 11 months only w.e.f 01-08-
2008 to 30-06-2009 retaining with himself one set of keys of the said apartment.

WHEREAS for the said purpose the possession of the apartment will
always be with the LICENSOR and he shall retain one set of keys of the
apartment as to have free access.

WHEREAS it is agreed that for the above mentioned use the LICENSEE
shall pay a monthly fee of Rs.9,500/- (Rupees nine thousand five hundred only) to
be paid by the LICENSEE to the LICENSOR by the fifth of the month that it is
due and subject to the other conditions, mentioned below for the apartment and
also furniture, fixtures and fittings described in Annexure ‘A’.

WHEREAS the LICENSEE has agreed with the above and hence this
agreement is being executed.

NOW THIS DEED WITNESSETH AS UNDER:-

1. The LICENSOR hereby grants permission/licence to the LICENSEE to


use and occupy the said apartment namely 7B/G2 situated at Tonca,
Miramar, Goa in the project known as “Models Paradise” admeasuring a
built up area of about 95 sq.mts. and consisting of one living cum dining
room, two bedrooms, one kitchen, two bathrooms and three balconies
along with furniture, fixtures and fittings listed in Annexure ‘A’ for a
period of eleven months only w.e.f 01.08.2008 to 30-06-2009 solely for
the residential purpose of the LICENSEE and his family only.

2. This writing or instrument shall never be construed as any tenancy


agreement or lease nor otherwise creating any other right or interest in the
said premises in favour of the LICENSEE which is not at all the intention
of the parties but on the contrary merely a temporary agreement or
arrangement simply to allow the LICENSEE to use and occupy the said
apartment.

3. The LICENSEE in consideration of such temporary occupation of the said


apartment and the use of furniture, fixtures and fittings described in
Annexure ‘A’, shall pay a fee of Rs. 9,500/-(Rupees nine thousand five
hundred only) per month by the fifth of every month the same shall fall
due which shall be paid by the LICENSEE to the LICENSOR at the
LICENSOR’S residence in Goa.

Contd. Pg 4
4

4. It is expressly agreed that the possession of the entire apartment shall be


with the LICENSOR and for the said purpose the LICENSOR shall retain
one set of keys with himself. Under no circumstances shall the
LICENSOR be liable for any theft of the articles of the LICENSEE from
the said apartment.

5. The said apartment shall be used solely for the residence of the said
LICENSEE and his family for a period of eleven months only w.e.f.
01-08-2008 to 30-06-2009.

6. In case of any default by the LICENSEE of any of the clauses herein


contained, the LICENSOR shall be entitled to revoke the Licence prior to
the expiry of the said Licence period and on such revocation the
LICENSEE shall cease to occupy the said apartment.

7. All consumables such as fluorescent tubes, bulbs, tap, washers, etc. which
may go off during the said period of eleven months shall be replaced by
the LICENSEE at his own cost.

8. The Licence shall be effective from 01.08.2008 for a period of eleven


months only. The LICENSEE shall be entitled to cease to occupy the said
apartment at any time during the above period with a prior notice of one
month by the LICENSOR or vice versa.

9. So long as this Licence continues, the LICENSOR permits the LICENSEE


to park his one vehicle only in the parking area/stilt area reserved for the
apartment.

10. So long as this Licence continues, the LICENSOR permits the LICENSEE
and his family only to use the swimming pool in the complex.

11. The Licence is granted without any liability to the LICENSOR wit respect
to any deficiency of water supply, electricity supply, sanitation, etc.

12. The LICENSOR at his discretion may agree to consider any request of the
LICENSEE for fresh agreement of Leave and Licence especially if the
LICENSEE has not violated the clauses of this agreement.

13. Should the LICENSEE carry on any illegal activity in the course of the
use of the said apartment under this Licence, then the LICENSOR will be
free to terminate the Licence immediately.

14. The LICENSEE shall also pay electricity bills, telephone bills, water bills,
cable connection bills, gas cylinder bills, etc. and shall otherwise keep the
LICENSOR and his estate indemnified as against any loss if any, arising
out of such non-payment of default of the convenants herein contained.

15. The LICENSEE shall maintain the apartment in his occupation in good
condition.

Contd.Pg.5
5

16. In this act the LICENSEE has deposited an amount


of Rs. 24,000/- (Rupees twenty four thousand hundred only) as security
deposit which the LICENSOR hereby admits and acknowledges having
received and therefrom grant the LICENSEE full discharge and it is
expressly agreed that the same shall be refunded without any interest after
deductions, if any, for any loss or damage caused to the apartment or to the
items of the LICENSOR mentioned below in Annexure ‘A’ normal wear
and tear excepted at the time the LICENSEE ceases to occupy the said
apartment and any deficiency in the payment of the Licence fees or
electricity bills or water bills or telephone bills or gas cylinder bills or
cable connection bills, shall also be adjusted from the said security deposit
amount.

17. The LICENSEE shall not, without the written consent of the LICENSOR
do any repairs, modifications or any other work in the said premises
during the period of ten months and twenty days as stipulated in this
agreement and shall not cause any damage to walls, roofs, doors and
windows, flooring and also to fixtures and fittings described in Annexure
‘A’.

18. The parties hereto agree that only the Courts in Panjim will have
jurisdiction to entertain, try and decide the disputes, if any, between the
parties hereto in respect of the Licensed Premises.

19. The LICENSEE shall not do any act, deed or thing as would constitute a
breach of the Rules, Regulations and By-laws of the society or association,
as the case may be.

20. The LICENSEE after expiry or termination of this agreement shall cease
to occupy the said apartment.

21. The House Taxes of the Municipality in respect of the said apartment shall
be paid by the LICENSOR.

22. During the period of Licence, the LICENSEE shall be entitled to use the
following items belonging to the LICENSOR which are existing in the
flat.

23. The list of fixtures and fittings is mentioned in Annexure ‘A’.

Contd. Pg. 6
6

Annexure ‘A’

Fixtures & Fittings:

1. Ceiling Fans “Crompton Greaves” 4nos

2. Geyser “Racold” 15 ltrs. Sr. No. AL02 11 0012 1no.

3. Telephone Instrument (Tel.No. 2223083) 1no.


mounted on corner telephone glass stand.

4. Fluorescent tubes with fixtures 4nos.

5. Bulbs 4nos.

6. Kitchen Cabinets mounted below and above platform

7. Plain mirror in one bathroom 1no.

8. Mirror cabinet in other bathroom 1no.

IN WITNESS WHEREOF, the parties have signed this agreement the date and
place first hereinabove written,

SIGNED AND DELIVERED by:-


The withinnamed LICENSOR,
MR. JOSE MARIA MARTINS, ________________________________
OF THE ONE PART.

SIGNED AND DELIVERED by:-


The withinnamed LICENSEE,
MR. MOHAN VINCENT SALER,
OF THE OTHER PART. ________________________________

In the presence of:-

Witness 1: Witness 2: