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LEASE DEED

AGREEMENT

Submitted by:
Palak Joshi
Roll No. 71
B.A.LLB (B)
LEASE DEED AGREEMENT

This LEASE DEED is entered into on this the 30 day of November 2015 at Dehra Dun.
BETWEEN

Shruti Jain (PAN BKV500047908) hereinafter referred to as the LESSOR (which term
shall unless it be repugnant to the context or meaning thereof mean and include all their heirs,
executors, administrators, legal representatives, nominees and assigns) on the One Part;

AND

Palak Joshi (PAN CKG50001976) hereinafter referred to as the Lessee (which term shall
unless it be repugnant to the context or meaning thereof mean and include their successors in
interest and assigns) of the Other Part.

WHEREAS the Lessor is owner and in possession of all that property no. 45 situated,Rajpur
Road Dehradun, total admeasuring 1200 sq feet approximately, morefully described in the
schedule of the property at the foot of this deed and herein after referred to as the said
property.

AND WHEREAS the Lessor has further assured and undertaken that he is seized and
possessed of and is otherwise well and sufficiently entitled to lease all of the property. With
all liberties, easement, right, advantages, entrances, passages, right, advantages, entrances,
passages, right to ingress and aggress including entrances, passages and all common
facilities.

AND WHEREAS the Lessor has assured the Lessee that the Lessor id the owner and having
absolute power of the demised and the premises is free from Court notice, litigation,
injunction etc. of whatsoever nature and the lessor is fully empowered and authorized to let
the demised premises to the Lessee.
AND WHEREAS the Lessor has also represented that there are no outstanding payments of
taxes including municipal taxes and property taxes or transfer/mutation charges pending on
respect of the demised premises and that all electricity and whatsoever dues have been paid to
date to the concerned authorities.

Under the aforesaid representations of the Lessor, the Lessee has approached the Lessor to
lease the Demised Premises for running Hotel, Bar, Restaurant and Coffee Shop only.

AND WHEREAS, the Lessor has agreed to lease the Demised Premises and the Lessee,
under the aforesaid assurances and representations of the Lessor, has agreed to take on lease
the Demised Premises for a period of 21 (Twenty One) years under the terms and conditions
of this Lease.

NOW THIS LEASE DEED WITNESSETH AS UNDER:

1. That the initial term of this Lease shall be for a period of 50 ( Fifty ) years w.e.f. 1st
December 2016 (herein after referred to as the Lease Period) The Lessee shall pay
monthly rent @ Rs.4,75,000/- (rupees Four lacs seventy Five Thousand) per month of
the Demised Premises to Lessor (herein referred to as the “Rent”) for the first five
years` The lessee shall pay the said Rent by 5th of each Calendar month in advance to
the Lessor. That the parties have further agreed that there shall be increase @ 10% in
the last paid monthly rent after expiry of every 5th year. During the said tenure of fifty
years the lessee shall pay the monthly Rent as follows:-

a. From 01.12.2016 till 30.11.2019 @ Rs. 4, 75,000/- per month.


b. From 01.12.2019 till 30.11.2022 @ Rs. 4, 75,000/- per month.
c. From 01.12.2022 till 30.11.2025 @ Rs. 4,75,000/- per month
d. From 01.12.2025 till 30.11.2028 @ Rs. 4,75,000/- per month
e. From 01.12.2028 till 30.11.2031 @ Rs. 4, 75,000/-. per month
f. From 01.12.2031 till 30.11.2034 @ Rs. 5, 22,500/- per month
g. From 01.12.2034 till 30.11.2037 @ Rs. 5, 74,750/- per month
THE Lessee shall pay service tax alongwith the rent to the Lessor per month and
the Lessor shall deposit the Service Tax, so paid by the Lessee, to the concerned
department.

The Lessee shall deduct Income Tax at sources on the Rent paid to the Lessor as
per applicable provisions of the Income Tax Act. Beside House Tax all the taxes
payable on the demised premises to the State Government/Central
Government/Local Authorities or any other government agencies shall be paid by
the lessee to the concerned department/body well within time limit. The Lessor
shall pay House Tax.

2. The Lessee has already paid an amount of Rs. 25,00,000/- (Rs. Twenty Five Lacs
only) to the Lessor towards interest free refundable security deposit which the Lessor
hereby acknowledges and re-iterates to have received the same, This interest free
refundable security deposit shall be refunded by the Lessor to the Lessee without any
deduction immediately at the time of vacation of the Demised Premises by the Lessee,
subject to clearance of all the dues of any account of whatsoever nature by the lessee
to the Lessor.

3. The Lock in period of this Lease shall be of 10 years. The Lessee shall not have right
to vacate the premises within the duration of said Lock in period. If the Lessee shall
vacate the said premises within the said Lock in Period, the Lessor shall have right to
forfeit the said Security amount beside the Lessee shall also be bound to pay the entire
amount towards rent and taxes etc. to the Lessor for the said remaining lock in period.

4. That the Lessor has delivered the actual physical vacant possession of the demised
premises to the Lessee at the spot. The rent shall be payable by the Lessee to the
lessor from 01.12.2016.

That the Lessee shall use the demised premises for the business of Hotel, Bar, Restaurant
and Coffee Shop only, subject to fulfilling all the legal obligations for commencement of
the said business as per law. The Lessee himself shall only carry out the said business in
the demised premises. Without written permission of the Lessor the Lessee shall not be
entitled to use the demised premises for any other business or purposes and also shall not
entitle to permit any other person/agency/company etc. to occupy the demised portion or
any part thereof under any arrangement or what so ever nature.

That the demised premises is fully furnished with facilities like fixture, furniture, electric
equipment, interior and installed lift etc., of which the list is enclosed herewith. The
Lessee has accepted the possession of the said demised premises with all the aforesaid
articles. The Lessee shall be bound to maintain the same in good and workable condition
during the said Lease period at its own cost and expenses. At the time of vacating the
lease premises the Lessee shall be bound to deliver possession of the aforesaid articles to
the Lessor.

That in front portion of the building there is a SUPERMARKET under the name and style
of SUVIDHA SUPERMARKET, which is not subject to the present lease and the same
shall be under the control and possession of the Lessor. Apart from the same the Lessor
shall also retain 2 small cabins for office use one on the basement and the other on the
Second Floor of the building. Entrance of the demised premises, SUPERMARKET and
the said cabins is common and all the customers, staff, management, guest etc. of the
Lessee and Revive Saloon shall be entitled to use the common facilities alongwith
staircase lift etc., without any hindrance by the other party. However maintainace of the
entire common facilities shall be the responsibility of the Lessee only at its own cost.

That in the building of the demised premises is part thereof the Lessor has its own electric
connection. The Lessor shall install sub meter in the SUPERMARKET known as
SUVIDHA SUPERMARKET and SUVIDHA SUPERMARKET shall be liable to pay
electricity charges as per sub meter reading every month as per rate applicable at that time
through cheque or RTGS to the Lessee and the Lessee shall be bound to make payment
thereof regularly without any default to the concerned department. The Lessee shall
provide electricity Bill alongwith payment receipt or photocopies thereof to the Lessor
regularly. The Lessee shall also pay water charges.

That the Lessor has Bar license under the name and style of “OYSTER BAR” from the
local administration. The lessee shall get the said license transfer in his name for the
period of period under lease for which the Lessor shall cooperate with the Lessee.
However it is made clear that till the transfer of license is done the lessee shall make use
of the same with prior permission of the Lessor on the arrangement then agreed in
accordance to law.

That all the expenses incurred in transfer of said Bar License in its favor shall be borne by
the lessee and further the annual charges in respect of renewal of the Bar License shall
also be paid by the lessee, copy of receipt of which shall also be provided by the lessee to
the Lessor. It has also been agreed by the parties that at the time of determination of lease,
the lessee shall surrender the Bar License back in the favor of the Lessor at its own cost
and expenses and in case the lessee fails to do the needful the Lessor has shall have right
to adjust the said amount against security deposit.

The Lessee shall keep the Demised Premises insured against all risks and hazards and
shall keep such insurances current/updated and valid for the entire period of Lease.

The Lessee shall be responsible and liable to have its equipment, fixtures and other
infrastructure facilities installed by the Lessee in the Demised Premises, fully insured
covering all risks and shall keep such insurances current/updated and valid throughout the
term of Lease.

That if during the period of lease, the Lessor transfers its ownership in the demised
premises or any part thereof, to any person the present lease deed shall not be affected
from the said transfer and the proposed transferee shall be bound to obey all the terms and
conditions of this Lease Deed.

The Lessee shall use the Demised Premises for the business as mentioned above and shall
not carry out any obnoxious activity in the Demised Premises, nor shall do anything
therein which may be or may become any annoyance or offensive to the
neighborhood/society/Lessor.

The Lessee shall not store in the Demised Premises any goods of hazardous or
combustible nature and/or which are so heavy as to effect adversely the construction or to
the structure of the Demised Premises or do or suffer anything to be done in or around the
Demised Premises, which tend to cause damage to the Demised Premises.

The Lessee is entitled to put up its signage or its standard graphics in/on the Demised
Premises in the nature of glow signs, billboards etc. as may be desired by the Lessee at its
sole discretion. The cost and regulatory approval, if any, will be borne and obtained
respectively by the Lessee and the signage has to be in accordance with applicable law.
Lessee shall have right to remove the same in case of prior determination of Lease at its
own cost without causing any damage to the demised premises.

That in case of default of payment of two months rent the Lessor shall have right to
terminate the Lease and re-enter in the demised premises.

That only in case of violation of any term of this lease by the Lessee the Lessor shall have
right to terminate the Lease after serving 30 days notice and shall be free to initiate legal
action. However the Lessee shall have right to terminate the lease after expiry of lock in
period by giving 3 months prior notice subject to condition of forfeiture of security
amount by the Lessor.

That only the Courts in Dehradun shall have jurisdiction to adjudicate the dispute arose if
any between the parties in respect of the present lease deed.

Any notice, demand or other communication to be served with regard to this Lease may
be served upon any Party hereto only by registered/speed post acknowledgement due or
delivering the same by courier or sending the same by email, facsimile transmission to the
Party to be served at its address below, or facsimile number given below or at such other
address or number as it may from time to time notify in writing to the other Party hereto.

Lessor’s detail for serving Notice/Communication: Block C/B-3, Ahana Office,


Oakhla, Delhi- 25

Lessee’s detail for serving Notice/Communication: 245, Vidhi Associates, Sangli,


Dehradun-17
Cost of non-judicial stamp papers and expenses in respect of execution and registration of
this Lease has been borne by the Lessor and Lessee in equal ratio.

The terms and condition of this Lease shall not be changed or modified except by written
amendments duly agreed between the Parties.

Any provision of this Lease which is prohibited, unenforceable or is declared or found to


be illegal, unenforceable or void in any jurisdiction shall, as to such jurisdiction, be
ineffective only to the extent of such prohibition or unenforceability without invalidating
the remainder of such provision or the remaining provisions of this Lease or affecting the
validity or enforceability of such provision in any other jurisdiction. If any such invalidity
substantially affects or alters the commercial basis of this Lease, the Parties shall
negotiate in good faith to amend and modify the provisions and terms of this as may be
necessary or desirable in the circumstances to achieve, as closely as possible, the same
economic or commercial effect as the original provisions and terms of this Lease.

The LESSOR herein permit the Lessee to change the interiors of the Lease Premises, as it
may deem fit, without damaging the structure. The Lessee shall not make any structural
alterations into or upon the scheduled premises or make any alteration or addition to the
external appearance or any part of the premises without the previous Written consent of
the LESSOR in writing.

That the entire building known as HW RESIDENCY. The Lease Premises is part of the
said building. The Lessee shall have no right to change the name of the same or use any
other name of its choice in place of HW RESIDENCY.

The Lessee shall keep the Schedule Premises fittings in good conditions and order and
shall not cause or suffer any damage thereto, normal wear and tear excepting. Any
payment in this regard will be borne by the lessee only.
The Lessee shall carryout the internal repair works of maintenance, paintings, color
washing, electrical and sanitary repairs to the Lease Premises, at its own cost whenever
necessary.

The LESSOR or the authorized agents shall be entitled to enter the Lease Premises (apart
from those premises shall are not part of the present lease) on business days during the
Lessee’s working hours after giving an advance notice in writing of 24 hrs, to inspect the
Lease Premises to satisfy himself that the Lease Premises is being used in accordance
with the terms of the Lease or for carrying out works of repairs/maintenance relating to
any portion of which the Lease Premises forms a part.

The Lessee shall deliver back vacant possession of the demised Premises to the LESSOR,
without removing or damaging any article in the demised premises and also in good
condition subject to the changes by normal wear and tear, subject to refund of security
deposit.

Each Party to this Lease represents that it possesses full power and authority to enter into
this Lease and to perform its obligations hereunder and that the authorized representative
of each Party is fully authorized to sign this Lease.

Any addition, alteration, subtraction, modification, correction, change etc. in terms and
conditions of this Lease shall be made only by way of written mutual consent of the
Parties herein.

That for the purpose of stamp duty it is hereby clear , that the annual average rent for a
period of 50 years is Rs 55,55,000/-hence the six times of which comes to Rs
3,33,30,000./- on which proper stamp duly of Rs. 1,00,000 + Rs. 100/- for refundable
security is being paid by this deed.

SCHEDULE OF DEMISED PROPERTY

All that Building no. 45 situated,Rajpur Road Dehradun


IN WITNESS WHEREOF the Parties hereto have executed this Lease on the day, month
and year first above written, in the presence of:
LESSOR LESSEE

( Shruti Jain) ( Palak Joshi )

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