Date: 27th June, 2023

LEGAL NOTICE

To,
Lord Budha Eductional and Social Development Sansthan
Registered at Bagh Bhoop Singh Lane, Alamganj, Patna -07

And

Minu Singh
W/o Lt. Ashok Singh
R/o A/14, Hanuman Nagar, Kankarbagh, Patna - 20

Sub: Legal Notice in respect of the unlawful occupation and offensive act of cheating,
criminal breach of trust, etc.

Respected Madam,

Under the instruction from and on behalf of my client (1) Mr. Amitabh Mishra S/o Lt. Vishnu

Dev Mishra, R/o Belabagan, Shrikant Road, Deoghar – 814112, (2) Mrs. Rupashree W/o

Amitabh Mishra, R/o Belabagan, Shrikant Road, Deoghar – 814112, I do hereby serve upon you

the following legal notice:-

1. That my client Mrs. Rupashree, W/o Amitabh Mishra, R/o Belabagan, Shrikant Road,

Deoghar – 814112, entered a lease agreement dated 06.02.18, as Lessor in respect of

commercial use of the premises Ground, First and Second Floor Plot No. 257, 148 and 155

(corresponding to Town Plan, Plot No. 1475 (B)), Ward No. 10, Mauza Madarichak,

Belabagan, Shrikant Road, Deoghar, Jharkhand 814112 comprising of Six Classrooms, Two

Office rooms, Two common Passage, One Hall, Three Toilets and an open space, etc for

running an institution named “Mount Carmel High School” under the sole directorship of

Minu Singh (Secretary Lord Budha Educational and Social Development Sansthan)

2. That in lieu of the agreement a monthly rent of Rs 60,000 /- (Rupees Sixty Thousand only)

was fixed and in pursuance of which a cheque no. 000475 dated 15/02/18 was paid to my

client.

3. That after two months of the agreement, citing space constraint as reason, a request for a

bigger space was put forth by your good self to my client. In response to the request my

client duly offered to present you with her second property located at Plot No. 359. Ward

No. 7, Mauja Maheshmara No. 250, Near Nandan Pahar, Deoghar having a built up area

of 10,000 sq. feet (apx) and common area of 56000 sq. feet.(apx).

(Hereinafter referred as “The School”)

4. That my client along with her partners had already been running her own institution named

“Mother Touch International School” on the said premise since 2014 and clearly had
 established the fact that the partners were not willing to give up a running institution i.e. The

School on lease.

5. That after your continuous request to gain the lease, my client persuaded the partners to

accept a onetime settlement amount as consideration for surrendering all their rights held

over The School thereafter which the absolute power for granting the lease was vested with

my client.

6. That my client had duly communicated to you the above mentioned fact and provided you

the option to choose either to pay the said onetime settlement amount as a token for

obtaining The School on lease which would be settled according to the terms and conditions

of the novated lease agreement or to continue the lease on the existing property situated in

Ward No. 10.

7. That after due consideration you consented to transfer the said one time settlement amount

and agreed to obtain an exclusive lease on The School basing upon various agreed

conditions.

Few key terms and conditions are mentioned below:-

 Tenure of the new lease was for a period of five years. (It is vital to take note that

this term was deliberately kept short by your good self-citing the uncertainty that

revolves around the success of an educational institution).

 Incorporating the rent of Built up area and common area at the rate of Rs 6 per Sq.

Foot (6 x 10000) and Rs 4 per Sq Foot (4 x 56000) respectively. Thus the

 commercial rent mutually agreed was Rs 2, 84,000/- (Rupees Two Lakh Eighty Four

Thousand only) monthly.

 No damage to the existing infrastructure was to be insured by you

 No construction on the premise without due consent of my client as it would have

increased the tax liabilities were made sine qua non for the lease agreement.

8. That it is pertinent to mention that my client as agreed, after your transfer of funds duly

forwarded it to the partner thereby extinguishing their all/any rights over The School. My

client on mutual trust and understanding ensured that The School was peacefully vacated

and thereafter vested its absolute possession to you in order to shift your institution “Mount

Carmel High School” from Ward no. 10 to Ward No. 07.

9. That since June 2018 my client even without a lease deed has ensured that no interference is

caused to you in operating your institution and has continuously been bearing all the

liabilities regarding The School. Thereby fulfilling all the legal responsibilities of a lessor

but unfortunately the same understanding has not being duly reciprocated by your good self.

10. That my client during this period of 5years i.e. 2018 to 2023 had requested you to execute

and register a novated agreement based upon the fresh terms and conditions in lieu of the

new location, enhanced rent, etc. But continuously the request was prolonged by your good

self-citing numerous excuses such as low revenue in the initial years i.e. 2018-19, Covid

lockdown for 2020 -21, etc. Despite the effort of both my clients you failed to execute a

fresh lease agreement for all these years.

11. That by taking advantage of the trust my clients posted upon you and your institution, you

not only have managed to delay the registration of a lease deed but also as mentioned by the

local staff residing at The School have started threatening to bulldoze off his quarters which

was duly built by my client.

12. That my client while vesting you with the possession of The School had categorically

mentioned that any such step which causes damage to the existing infrastructure or any new

construction on the premise should be avoided at all cost as it would prima facie be void and

unlawful. But despite the expressed instructions you have been rampantly violating all such

agreed conditions in order to wrongfully gain maximum advantage from The School.

13. That you were duly made aware of such conditions as mentioned above, along with others

terms which were sine qua non for ensuring a lawful relation to exist between you and my

client. But unfortunately the actions of yours have not only eroded the trust my client held

upon you but also have made the possibility of you continuing the lease very bleak.

14. That, the abovementioned excesses, illegal and unjust acts and offences committed by you to

unlawfully usurp The School through ways, best known to you and your associates has led

to mistrust, and friction between both the parties.

15. Despite above my clients are willing to effect a peaceful resolution of all the issues which

have erupted in the present matter, for which a respectful participation on your behalf shall

be appreciated.

16. Thus through this notice I hereby provide you with one last opportunity to stop all the

unconsented constructions, damage to the built up infrastructure and violations of any of the

agreed terms and instead recommend you to amicably settle all the prevailing issues.

17. I hereby call upon you to execute and register a lease deed on or before the 5 th day of July,

2023, failing which my client will file all necessary suits against you for recovery of

possession of the demised premise and for damages, which may be sustained by my clients

by reason of your willfully retaining unlawful possession with the soul intention to

intimidate and defame both of my clients.

(A copy of this Notice is kept in my office for record and further necessary action and you

are also advised to keep the copy safe as you would be asked to produce in the court)

Advocate