DEED OF LEASE
THIS DEED OF LEASE is made this 20th day of October 2020 BETWEEN Mr. Manohar
Ghokhale residing at Viman Nagar, Pune (hereinafter called the LESSOR which term shall
include their heirs, successors, executors, administrators and assign) of the one part and Mr.
Rajendra Kumar residing at Kothrud, Pune (hereinafter called the LESSEE which term shall
include his successors, heirs, administrators and executors of the second part.
WHEREAS the LESSOR is absolutely seized and possessed or otherwise well and
sufficiently entitled to the premises at Shop No. 69, 2nd Floor, City’s Big Mall, Tilak Road,
Pune, 411049 with a total area of 320 square feet.
AND WHEREAS the LESSEE has agreed to take a lease of the said land from the
LESSOR for a period of 5 years upon terms and conditions hereinafter mentioned and has
further undertaken to build an Ice Cream Parlour to be named as Scoop. According to the
plan annexed hereto and to the specifications attached therewith.
Now this lease witnesseth as follows:
1. In consideration of a monthly rent of Rs. 15,000 And the LESSEE’S covenants
hereinafter mentioned and contained the LESSOR hereby demise and lease unto the
LESSEE hereby takes on rent the plot of land measuring 320 sq. ft shop in City’s Big
Mall for a period of 5 years from the date hereof.
Immediately on the execution of these presents or as soon thereafter as possible, the
LESSEE shall commence and complete with all possible expedition a suitable shop
in the mall hereby demised according to and in conformity with the map or plans
hereto annexed which have already been sanctioned by the Municipal Committee of
Kolkata. So that such shop is completed and are ready for use for the purposes
hereinafter mentioned with in a period of one year from the date hereof. It is hereby
declared that such shop shall at all times remain the property of the lessee during
the term of the tenancy hereby created but immediately on the expiry of such term
or on sooner determination thereof and in any event on the expiry of 5 years from
the date hereof the same shall vest in and become the absolute property of the lessor
who shall then be entered upon and to take possession of the same and shall in the
meantime have and possess a vested interest therein, it being agreed that during the
continuance of the tenancy hereby created the LESSEE shall not sell or mortgage or
otherwise alienate the shop or the materials thereof.
2. All taxes which are now payable by the LESSOR, such as land revenue, property tax
as well as all insurance premium on the shop to be constructed on the land hereby
demised, shall be paid by the LESSOR but all other taxes which may hereafter be
levied by any authority whatsoever as payable in respect of the said or buildings
thereon by the LESSOR or by the lessee or the occupier thereof shall be paid the
lessee.
3. The rent payable hereunder shall be paid in advance every month by the LESSEE to
the LESSORS on or before the 10th day of each calendar month and the receipt of
any one of the lessor shall be a complete discharge in respect of the same on behalf
of all the LESSOR.
4. If default is made in the payment of the rent for any three months, then on each such
default it shall be lawful for the LESSOR, in addition to or in the alternative to any
other remedy that may be available to them at their discretion, to eject the lessee
from the land hereby demised and from the shop that may have been erected thereon
and to take possession thereof as full and absolute owner thereof provided that a
notice writing shall be given by the LESSOR to the LESSEE of their intention to
take possession of the same but if the arrears of the rent are paid within seven days
from the service of such then the LESSORS shall not be entitled to take possession
of the said land and buildings.
PROVIDED FURTHER THAT if the LESSOR nevertheless exercise their right to take
possession of the said shop as provided herein then the LESSEE shall not be liable to pay to
the LESSOR the full rent hereby agreed to be paid for the whole of the remaining term of
the tenancy hereby granted, subject, however, to the right of the LESSEE to claim refund of
the rent, if any, that the LESSOR may recover during such remaining term from the
LESSEE.
5. The LESSORS shall whitewash the shop situated in the mall once every year and
shall renew the oil-painting thereof every three years and in the event of their failure
to do so the LESSEE shall be entitled to do the same after a week’s notice in writing
to the LESSOR of his intention to do so and to deduct the expenses incurred by him
in that behalf from the rent hereunder payable by him to the LESSOR.
6. The LESSOR (the LESSEE) shall insure and shall at all times during the continuance
of this lease keep insured the shops that may be erected on the said demised land
against loss or damages by fire with an insurance company approved in writing by
the LESSEE (the LESSORS) for an amount which shall not be less than Rs.5lakhs
unless otherwise agreed to in writing between the parties.
7. In the event of loss by fire of the aforesaid shop or part thereof, the insurance money
received from the insurance company shall be applied in rebuilding or restoring the
buildings as in their previous condition unless otherwise agreed to in writing
between the LESSOR and the LESSEE and till the completion of such restoration,
the rent hereby agreed or a proportionate part thereof shall remain suspended unless
the fire was intentionally or willfully caused by the LESSEE or his servants or agent
and the period of the lease granted shall be extended by the time occupied in such
rebuilding or restoration. In the event of the insurance company refusing to pay the
claim arising out of the loss aforesaid on the ground that the fire was intentionally or
willfully caused by the LESSEE or his servants or agent, the LESSEE shall be liable
for and compensate the LESSOR on account of the loss or damage caused to the said
buildings.
8. The LESSEE will be liable to keep the shop erected on the said demised land in a
good state or repair and wind and watertight condition and shall repair any damage
or injury caused thereto except such damage as may be caused ordinary and
reasonable wear and tear.
9. The LESSEE shall permit the LESSOR or their duly authorized agent or agents to
enter the premises at all convenient times for periodical inspection of the same
except when any show or function is being held therein.
10. The LESSEE shall be entitled to proceed with the construction of the Ice Cream
Parlor in the mall hereby demised immediately after the registration hereof and the
LESSOR shall allow the LESSEE all facilities in that behalf and on their failure to
do so pay to the LESSEE compensation at the rate of RS. 25 (Rupees twenty-five
only) per day for such period as the LESSEE is unable to commence the construction
owing to the fault of the LESSOR.
The LESSEE has deposited a sum of Rs. 1 Lakh with the LESSORS as security for the due
performance of the conditions hereof, this amount the LESSORS shall return without interest
to the LESSEE on the termination of the tenancy created hereby subject, however, to any
lawful deductions that they may entitled to make hereunder.
IN WITNESS WHEREOF the said LESSOR and the said LESSEE have put their respective
signatures hereunder the day, month and year first above-written.
Signature of LESSOR Signature of LESSEE
WITNESSES:
1. Mr. X
2. Mr. Y
Verification
Verified at Pune on this the day of 20th October, 2020 that the contents of the above are
true and correct and agreed by both parties to the best of our knowledge, belief and
information and nothing material has been concealed therefrom.
Sd./
Parties
Solemnly affirmed and signed before me by the parties, who is personally known to me, on
this the 20th October, 2020.
Sd./
Counsel
