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DEED OF AGREEMENT

THIS AGREEMENT TO SELL is made on this the 24th day of the month of
September, in the year 2022,

BETWEEN

Sh. Suresh Agarwal, son of Late Mahabir Prasad Agarwal, resident of


Jorethang, Post Office: Nayabazar and Police Station: Jorethang, South District,
Sikkim, (hereinafter referred to as the ‘‘Seller’’ which expression shall include
unless inconsistent with the context the heirs, successors and representatives of
the Vendor) of the ONE PART;
AND

Sh. Karchung Bhutia, son of Shri. Dubo Bhutia, resident of Jorethang, Post
Office: Nayabazar and Police Station Jorethang, South District, Sikkim,
(hereinafter referred to as the ‘‘Purchaser’’, which expression shall include
unless inconsistent with the context the heirs, successors, survivors and the legal
representatives of the Purchaser) of the OTHER PART.

The SELLER and the PURCHASER hereinafter referred collectively as Parties


and individually as party.

AND WHEREAS the said Seller is desirous of selling the plot which is allotted
to him by a Leasse Deed in Jorethang Bazar Lane 1 vide lease deed order no.
2158/Deas(mutation), Dated- 02-07-1990, and additional allotment vide order
no. 105(65)5061/UD&HD, Dated- 15.06.2002, issued by the Assistant Town
planner Jorethang UD & HD, South Sikkim, herein after referred to as the
SCHEDULED PROPERTY'
WHEREAS the SELLER has sold the SCHEDULE PROPERTY to the
PURCHASER which is free from encumbrances for a total consideration of
Rs 45,00,000 (Rupees Forty-Five lakhs), it has been paid to the Seller by the
Purchaser to which the seller has acknowledged the same and executed to
that effect in presence of witnesses.
AND THAT THE PURCHASER shall hereafter peacefully hold, use and enjoy
the same as his own chattel and property without any hindrance,
interruption, claim or demand by or from the seller or any other person
whomsoever.

NOW THIS DEED OF SALE WITNESSETH AS UNDER:


1. THAT in pursuance of the aforesaid agreement and in consideration of a
sum of 45,00,000 (Rupees Forty-Five lakhs), only received by the SELLER
in cash and upon receipt of the said entire consideration of Rs. 45,00,000
(Rupees Forty-Five lakhs), only (the SELLER both hereby admit,
acknowledge, acquit, release and discharge the PURCHASER from
making further payment thereof) the SELLER hereby sells, transfers,
and assigns unto and to the use of the PURCHASER the SCHEDULE
PROPERTY together with the water ways, easements, advantages and
appurtenances, and all estate, rights, and interest of the SELLER to and
upon the SCHEDULE PROPERTY TO HAVE AND TO HOLD the
SCHEDULE PROPERTY hereby transferred unto the PURCHASER
absolutely and forever.

2. That the PURCHASER shall use and enjoy the said land forever along
with his heirs, successors, agents, tenants, transferees etc. or through
any person of his choice and may transfer possession and enjoyment
thereof to anybody in any condition or manner whatsoever.

3. That the property is not subjected to any encumbrances, mortgages,


charges, lien, attachments, claim, demand, acquisition proceedings by
Government or any kind whatsoever and should thereby and the SELLER
shall discharge the same from and out of his own fund and keep the
PURCHASER indemnified.

4. That the SELLER hereby declares with the PURCHASER that the SELLER
have paid all the taxes, rates and other outgoings due to local bodies,
revenue, urban and other authorities in respect of the SCHEDULE
PROPERTY up to the date of execution of this sale deed and the
PURCHASER shall bear and pay the same hereafter.  If any arrears are
found due for the earlier period, the same shall be discharged/borne by
the SELLER.
5. That the PURCHASER shall construct any sort of structure upon the
land for smooth enjoyment and the SELLER shall give the no objection
certificate if needed and shall not object to the same.

6. That during the time of transfer of title in the name of the PURCHASER
the SELLER or his legal heirs shall take all necessary steps for its
registration if so required by executing a fresh agreement without
claiming any extra or additional money towards consideration. It is made
clear that the seller shall not resale or mortgage or transfer the said
property to any other party in any manner.

7. That the SELLER’S legal heirs or successors shall not raise any objection
of any kind to the sale of the said land.

8. That the PURCHASER is fully empowered to transfer or get a fresh electric


or water connections in respect of the SCHEDULED PROPERTY in his
own name after receiving a no objection certificate or clearance from the
SELLER.

9. That the SELLER declare that he has not sold, transferred, contracted for
sale or mortgaged the SCHEDULED PROPERTY previously or any part
suffers from any defect of title and in the event of discovery of anything
contrary to it the SELLER shall be liable to be dealt with according to law
both civil and criminal as the case may and shall be liable to pay
adequate compensation to the PURCHASER.
10. That in the event that the seller or any of his legal heirs demands for
the recovery of the said land from the purchaser the he shall have to pay
the price of the said land at the current marketable rate.

11. That the SELLER and all persons claiming under him do hereby
further agree with the PURCHASER, at all times hereafter and upon any
reasonable request and at the cost of the purchaser to do and execute or
cause to be done and executed, all such lawful acts, deeds and things for
further and more perfectly conveying and assuring the said property and
any part thereof to the purchaser and their representatives and placing
him in possession of the same according to the true intent and meaning of
this deed.
SCHEDULE HEREIN ABOVE REFERRED
ALL THAT the Plot of land plot allotted to him by a Leasse Deed in Jorethang
Bazar Lane 1 vide lease deed order no. 2158/Deas (mutation), Dated- 02-07-
1990, and additional allotment vide order no. 105(65)5061/UD&HD, Dated-
15.06.2002, issued by the Assistant Town planner Jorethang UD & HD, South
Sikkim

IN WITNESS whereof the parties have set their respective hands upon this
instrument on this the day of the month of the year first above-mentioned.
Witnesses:
1. SELLER

2.
PURCHSER

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