You are on page 1of 8

LEASE DEED

THIS INDENTURE Is made and executed on this the 1ST DAY of November, 2023 at Bhagalpur Bihar.
BETWEEN

Name of the Executant (Lessor): -


Mumtazul Hasan s/o- Late Dr. Zahirul Hasan, Mohalla & Tatarpur Dist.- Bhagalpur Member Country
Club International Barari industrial area Barari, P.S.-Industrial Area, Dist. – Bhagalpur is India
Citizen, hereinafter referred to ‘‘Lessor’’
(Which expression shall include successors, representatives, trustees, heirs, executors,
Administrators and assigns, unless repugnant to the context or assigns) off The ONE
PART
Name of the Executant (Lessee): -
Name: Shree Radhe Brijb Private Limited
Address: Smt Shobha Devi, c/o Dilip Kumar Poddar Tola-Maheshkhunt, Khagaria, Bihar,
851213

Pan No. ABDCS2574E


Aadhar No._______________
Gst No. 10ABDCS2574E1ZR of Other Party

OTHER PART
BOUNDARIES: -
North: Industrial Plot No D - 27
South: Industrial Road
East: Industrial Road
West: Industrial Road
Code-____________ Zone-___________

3rd Floor Food Court Area Counter No.10,11,12 Area 600 Sq Ft (Total)[200Sqft each Counter]
Whereas, the parties are executing this lease Deed for the demised premises and are recording the
terms and conditions herein after appearing.
NOW THIS INDENTURE WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:
I. GRANT AND PURPOSE OF THIS INDENTURE:
I.1. In consideration of the rents hereby reserved and the lessee performing its obligations under
this indenture, the Lessor hereby grants to the lessee and the lessee hereby accepts, on rent
from the Lessor, the demised premises subject to the terms and conditions provided herein.

I.2. The Demised premises has been granted to the Lessee to enable the Lessee to setup and
operate its business from the Demised premises. The Lessee shall have the right to use the
Demised premises for the intended business activities. However, the Lessee shall procure all
required permissions from the Government authorities to operate its business from the
Demised premises.

I.3. The Lessee shall not carry or permit to be carried in the Demised premises, any illegal trade or
business not use the same or allow the same to be used for any illegal purpose.

II. LEASE COMMENCEMENT DATE:


2.1 The Lessor on the 1st November 2023 in which 11 Month is locking period, Lease period
commencing from 1st November 2023 and will be terminate on 31st October 2026 after opening
of store in the demised premises by the lessee and this date shall hereafter referred be to as the
‘’Lease commencement Date’’
III. LEASE AGREEMENT TERM:
3.1 Unless terminated in the manner provided for herein, the duration of the Lease of Demised
premises shall be for a period of 3 year commencing from the Lease Commencement
Date and expiring after the completion of Term i.e., on 31st October 2026
3.2 The Term duration can be further extended by the Lessor on a request made by the lessee at
the rates of rent and term & conditions as mutually be agreed between parties.
IV RENT:
4.1 The Lessee shall pay the Lessor a monthly Rent of sum of Rs.90,000/-Per month
before of Rental value opening of store and 5 Month rent paid as security money
before opening of store which would be refundable without interest at the time of leaving
the shop/KIOSK.
4.2 After expiry of every three years, there will be increased in the Rent at the rate 15% of the
rent and accordingly. The Monthly Rent after expiry of Next three years would be principal
monthly rent as increased rate.
4.3 Lessee will pay the maintenance of the shop and it will be Rs 30,000/- Per Month

V. SERVICE TAX/GST:
5.1 That, the Lessor/Lessee shall pay the service tax (G.S.T) Or any other Tax if any levied by the
Government except property tax and municipal tax.
5.2 That Lessor will submit the electricity bill every month with GST and the proposed firm will give
the rent through electronic Transfer to the lessor’s account in every month up to 7 th day of
every succeeding month.
5.3 18% GST will be charged extra.
5.4 TDS can be deducted as per norms.

VI. OTHER TAXES:


Tax including land tax, property taxes, any municipal taxes will be paid by Lessor.

VII. POSSESSION:
The Lessor shall hand over and deliver the actual physical vacant
Possession of the Demised premises as on the Date of signing of
This Deed. The Lessee, its employees, clients, customers, vendors
Ans visitors shall have access to the Demised premises at all times
During the terms of Lease.

VIII. LESSOR COVENANTS:


The Lessor represents and covenants as follows:
(a) The Lessor has the rights in the Demised premises and subject to what is started in this
indenture, there is no restriction, obligation or liability whatsoever which prevents the
Lessor from:
i. Executing this Demised Agreement.
ii Providing the Demised premises on lease to the lessee.
iii. Handling over the possession of Demised premises to lessee.
(b) The Lessor herein permits the Lessee to make interior works in the Demised premises and
all fit outs in the Demised premises to suit the premises for its purpose, but shall be under
obligation to return the possession of Demised premises to the Lessor as per the condition
which was handed over to the Lessee at the time of execution of present Lease Agreement
(c) Not to make permanent structure, addition or alternation in the Demised premises without
the written consent of the Lessor (Which shall not be unreasonable with-held by the Lessor)
Provided, however that the lessee may erect temporary wooden Partitions or making any
cabin, fitments or weather Heating/cooling equipment etc. and/ or may remove or alter
wall Fittings, door and windows etc. at their own cost without causing any damage to the
demised premises.

IX. LESSOR’S OBLIGATIONS


9.1 The Lessor shall not do or permit to be done any act whereby the Rights of the lessee to use and
occupy and Demised premises as Lessee in terms of this Lease Agreement are Adversely or
Prejudicially affected, impaired or extinguisher in any manner Whatsoever.

X. LESSEE’S RIGHTS:
10.1 On the Expiry of the term or earlier termination of the Lease Agreement and at the time of
vacating the demised premises, as aforesaid, the lessee will be responsible to remove and take
Away, at his own cost, all or any of its equipment’s fitting, fixture Etc. wherein normal wear and
tear is acceptable. If such Structure constructed by the Lessee in the Lease property will not be
removed within 60 days of the termination of the Lease Agreement, the Lessor will have the
right to transfer the right of such assets to any third party or to himself and the Lessee shall
No further right to claim the premises rent from the Lessor during the said 60-day time period.
10.2 The Lessee hereby affirms that at no point of time, the Lessee will make any claims of
Ownership to Demised premises owned by The Lessor and shall not make any representations
to this effect to any third party.

10.3 The Lessor hereby specifically authorized/permits the Lessee to take Electricity Meter,
telephones, internet, and cable etc. connection in its own name & further authorizes the Lessee
to Interact with the concerned departments of the government /Statutory authorities to
procure the required licenses for its Business and in the event of any requirement of
documentation to be duly signed by the Lessor the assess undertake to assist the Lessor in
respect to the same but the lessee would be under Obligation to furnish the photocopy of the
receipt of every charges of payment to the concern department to the assessor.

XI. LESSEE COVENATNS:


11.1 The Lessee shall use the Demised premises only for the purpose of or in connection to operate
its Business.
11.2 During the terms, the Lessee alone shall be responsible to answer any notice which may be
received from any government or Licensing authority in respect of the Lessee’s business
activities in the Demised premises and the Lessor will have no role to play the in this
regard. Lessee agrees to pay monthly Rent services. Tax and other sums payable herein to the
Lessor on the due dates.
11.3 The Lessee agrees to promptly pay all electricity bill in respect of the Demised premises and
the building maintenance for the Common area and utilities as required under maintenance
Agreement.
11.4 The Lessee agrees to keep the Demised premises to good order and condition and shall not
cause or suffer any damage or danger to it, except normal wear and tears.
11.5 The Lessee shall not carryout or support any activities in Demised Premises, which is likely to
become a nuisance or cause damage to the Lessor or other occupants of the said property or
the Neighbors.
11.6 The Lessee shall not store or dump any articles or goods and shall not throw any rubbish, rags
or junk in the common areas like Staircase, compound or any other parts of the said
property.

11.7 The Lessor shall not be responsible for the illegal acts, if any, be done by the Lessee in the
Demised premises and the Lessee shall be responsible for all such as consequences thereof.

11.8 The Lessee shall not make any structural alternations and/or additions to the Demised
premises save without the written permission of the Lessor. However, the Lessee shall be at
liberty to make inside or fix or take support for any additional fitting fixtures within the
Demised premises for such purposes as installations of pipes, cable, fan inside/outside
signage etc. the fixture, signage erected by the Lessee shall be removed at the time of
surrendering his/her shops vacant possession of the Demised premises, while in possession
of the Demised premise the Lessee shall not alter or redesign the structure of the existing
Building, or undertake any structural changes to the Demised Premises.

11.9 The Lessee shall not sublet the Demised premises or part with Possession or occupation
thereof or transfer or assign the lease right in favour of any third party without the
permission of the Lessor.

11.10 The Lessee shall maintain the peace within the rented premise and maintain the traffic
hazardous around the Demised premise.

11.11 there is electric installation and connection in the premises aforesaid and the electric
meter is in the name of lessee and the electric consumption read in the lease shall be
payable by the lessee according to the bills of the department till the premises is legally
vacated by the lessee and the lessee will have to obligatory to give a photo copy.
11.12. in case of no electricity, generator is backup, whatever diesel will be consumed
charged accordingly.
XII MUTUAL COVENANTS:

12.1 that if the lessee fails to pay rent for any three consecutive months, lessor shall be
entitled to give to the lessee 30 days’ notice in writing demanding payment thereof
within 15 days of receipt of the notice by the lessee. if the lessee fails to make the
payment within prescribed time, the demised agreement would be considered as
terminated and in such an event, the lessee is liable to pay the arrears of the rent and
other dues as aforesaid to the lessor and the lessor is entitled to recover possession of
the demised premises in accordance with the terms mentioned herein above and the
dues will be adjusted from security deposit and the rest amount will be forfeited.
12.2 the lessee agrees to handover vacant and peaceful possession of the demised premises to
the lessor along with all fittings and fixtures, originally installed by the lessor on the
expiry or early termination of the lease agreement in the same condition as was at the
time of demised premises were let out except for normal wear and tear.
12.3 the lessor and the lessee agree that on the expiry of lease term or earlier termination of
the lease agreement and at the time of vacating the demised premises, the lessee will be
entitled to remove and take away all its machinery, equipment, furniture, fixture etc.as
may have been installed or attached or brought in the demised premises by the lessee
from time to time
12.4 that all the legal rights, titles, interest and claims in the demised premises shall always
vest with the lessor and the lessee shall never have any right, interest, title or claim in
the said property except in the capacity as lessee of the demised premises.
XIII NOTICE FOR SERVICE

13.1 it is agreed between the parties that any notice required to be made or given in writing
shall be sufficiently made or given if sent be registered post addressed to the lessee at
demised premises .in so far as the lessor is concerned all notices shall be addressed to it at
the address stated above. either party may change its notice address from time to time by
delivering notice thereof to the other party in accordance with this clause.

XIV TENANCY AND TERMINATION /NOTICE PERIOD:


14.1 the tenancy month shall be English calendar month and shall commence from first day of
every English calendar month and shall end on the last date of the day of the said month.
14.2 in the event of any breach of the conditions and covenants of this deed by the either party
which breach if not remanded attended within 2 months from the date of written notice of
breach from the other party, the other party reserves the rights to terminate the lease
agreement forthwith.
14.3 either party may terminate this e=tenancy upon serving of 60 days’ notice.
14.4 that on the expiry of the term or on earlier termination of the lease agreement by the
lessor, the lessee shall quietly and peacefully surrender and deliver vacant possession of
the demised premises in good and tenantable condition in which it is let out subject to
reasonable wear and tear along with the fittings and damages by force majeure event.
14.5 that on the expiry of the term or on earlier termination of the lease agreement by the
lessee, the lessee shall peacefully deliver vacant possession of the demised premises to the
lessor
XV SIGNAGE :

the lessee shall be entitled to install signage in and just outside the demised shops as mutually
agreed between the lessor and the lessee related to their business.

XVI MEDIATION, ARBITRATION AND JURISDICTION:

Any disputes or differences rises due to or under this lease agreement which cannot be amicably
settled between the parties with in 15 (fifteen) days of commencement of such amicable
attempts then the parties agree to submit any such dispute shall be referred to a sole arbitrator
appointed by the mutual consent of the parties as per the provision of the arbitration and
conciliation act 1996 and any further amendment /enactments.

the place of arbitration shall be Bhagalpur and the proceedings of arbitration shall be carried in
English language.

this lease agreement between the parties shall be governed and construed in accordance e with
the law of India. the courts at Bhagalpur shall alone have exclusive jurisdiction in all matters
arising out of this deed

XVII. STAMP DUTY

all the paper has to be registered at the local registry office and the stamp duty beared by lessee

XVIII. MISCELLANEOUS

RIGHT TO INSPECT: During the tenure of this lease agreement, the lessor and /or their
authorised personnel shall have the right to inspect the demised premises during the working
hours without disturbing the day to day working of the lessee

HEADINGS: The headings used herein are inserted only as a matter of convenience and for
reference and will not affect the construction or interpretation of the lease agreement.

SEVERABILITY: If any provision of the lease agreement is held to be unenforceable, illegal or


void, all other provisions will nevertheless continue in full force and effect.

NO WAIVER: All the original rights of the parties under this lease agreement will remain in full
force and effect notwithstanding the failure of either party to insist upon the strict performance
of this lease agreement by the strict performance of neglect or forbearance or delay in enforce
of any right hereof will not be constructed as a waiver of the same and both the parties will at
any time thereafter be entitled to call upon the other party to comply strictly with the provision
hereof whether for the same or for subsequent default /.

MODIFICATION /VARIATION: No changes, variation or modification of any of the terms and


conditions set forth herein shall be valid unless incorporated in writing as an amendment to the
lease agreement and signed by the duly authorised representative of both the parties. that the
lessee shall not damage the leased property a promise in any way and shall al all time during of
the lease keep the leased property and demised premises in good and tip top condition and
deliver back in the same condition to the lessor otherwise damaged charges will be deducted
from security deposit.
in witnesses whereof the; parties above named have signed and executive the indenture on the
______________________________day________________ month and _________year first above
written

represented by:

the lessor

represented by:

the lessee

witnesses

1.

2.

You might also like