You are on page 1of 9

PAYING-GUEST AGREEMENT

THIS AGREEMENT OF Paying-Guest is made at Mumbai on this 14th day February


of 2012 BETWEEN Miss Priyanka D`silva, daughter of Late Mrs. Priscilla D`silva, an Indian
Inhabitant, residing at Flat No. 102, First Floor, New Sea Queen Apartment, 32nd St. Dominic
Road, Bandra(west), Mumbai – 400 050, hereinafter referred to as the “THE OWNER” (which
expression shall unless it be repugnant to the context or meaning thereof be deemed to mean
and include its successors, legal heirs, executors, administrators and assigns) of ONE PART;
AND Mr. Luv Kumar Ambwani, son of Mr. Rajkumar Ambwani, an Indian Inhabitant,
residing at C/01/C, PKT Maroda Sector, Bhilai, Durg, Chhattisgarh hereinafter referred to as
"THE PAYING-GUEST" (Which expression shall unless it be repugnant to the context or
meaning thereof be deemed to mean and include its successors-in-title) of OTHER PART:

1
WHEREAS:-
(a) The Owner is seized and possessed of and sufficiently entitled to hold, use and occupy
the Flat No. 102, (hereinafter “the said flat”) situated at First Floor, New Sea Queen
Apartment, 32nd St. Dominic Road, Bandra(west), Mumbai – 400 050.

(b) The Paying-Guest has approached and/or re-approached the Owner, with a request to
grant to the Paying-Guest, permission to use and occupy the one bed (hereinafter “the said
bed”) out of one (01) bed in a room (“the said room”) in the said flat by way of pure and
personal simple Paying-Guest without claiming any other rights therein upon the terms and
conditions appearing hereinafter.

(c) That all the letter, commitment either written and/or oral, Agreement and/or any terms
executed and/or issued by either parties before execution hereof shall stand terminated and
cancelled and the same shall be treated as void after execution of these presents. It is agreed
between the parties hereto that any variation and/or modification and/or alteration of any of
the terms and conditions set out therein shall always be in writing and signed and executed by
the parties hereto. Neither of the parties hereto to contend any modification or change in this
Agreement, unless such change and/or modification is reduced in writing and duly signed by
the parties hereto.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND


BETWEEN THE PARTIES HERETO AS FOLLOWS:

1. The Owner hereby grants, the Paying-Guest to use and occupy the said bed in the said
flat. The said bed is purely on personal basis subject to the terms, conditions, covenants and
provisions recorded in the present Agreement.

2. The term of the Paying-Guest Agreement shall be a period of eleven (011) months
commencing from 09th day of January 2012 (09-01-2012) and expiring on 08th day of December
2012 (08-12-2012). If either of the party wants early determination of this Agreement, Paying-
Guest has to give thirty (30) days written notice to the Owner and in case no notice and/or short
notice is given by the Paying-Guest to the Owner then the security deposit shall be forfeited and
further Owner has also to give thirty (30) days written and/or oral notice to the Paying-Guest
for early determination of this Agreement.

3. During the term, the Paying-Guest shall pay to the Owner a monthly compensation fee
of Rs. 5000/- (Rupees Five Thousand only) per month with effect from 09th day of January
2012. The Monthly Compensation Fee shall be payable in advance on or before 9th Calendar
day of each month. The Monthly Compensation Fees shall exclude electricity charges, water
charges, telephone charges, Mobile charges etc. and/or otherwise, which shall be borne by the
Paying-Guest. If there is any delay in payment of the monthly compensation fee and/or other
amounts as provided in this Agreement by the Paying-Guest to the Owner, the Owner shall be

2
entitled to right of termination of this Agreement. Further, by giving a one (01) month oral
and/or written notice, Owner is entitled to revise and/or change and/or increase the Monthly
Compensation Fee and Security Deposit unilaterally and/or without consent of the Paying-
Guest.

4. Notwithstanding any provisions of this Agreement and in all the circumstances


including the circumstances wherein the Owner is compelled to terminate the present
Agreement, the Paying-Guest shall be bound and liable to pay to the Licensor the monthly
compensation fee and all other applicable amounts as recorded in this Agreement, irrespective
of the fact whether the Paying-Guest has used the said bed or not. Further, Monthly
Compensation Fee for any month shall not be adjusted with the security deposit as mentioned
in Clause Five (5) for any delay in payment of the monthly compensation fee and/or otherwise
till the expiration of the term or early determination of this Agreement.

5. In addition to the said monthly compensation fees, the Paying-Guest shall on or before
execution hereof deposit a sum of Rs. 5000/- (Rupees Five Thousand only) with the Owner as
interest free Security deposit for due observance and performance of the terms, conditions,
provisions and covenants of this Agreement by the Paying-Guest. The said security deposit will
be returned to the Paying-Guest without interest and after deducting amount of arrears of
Compensation fees, electricity charges, water charges, telephone charges, maintenance charges,
mobile charges etc. and/or otherwise and all other amounts payable by the Paying-Guest under
this Agreement on expiry of this Agreement by efflux of time or on earlier determination of the
Agreement hereby granted.

6. The Paying-Guest hereby covenants with the Owner as follows:


(i) To pay regularly and punctually as provided hereinabove the Monthly
Compensation fee and other amounts payable by it to the Owner and in respect of the said
bed.
(ii) To use in a prudent manner the said room for the purpose of studying, resting
and sleeping only and for no other purpose whatsoever. The Paying-Guest shall not carry on
any illegal activities in the said Flat and Society Common Area. To use the said bed
continuously and regularly as “bed” during all the term of the said bed and this covenant is a
condition precedent of this Agreement.
(iii) Not to damage any of the walls, partitions walls, flooring and ceiling of the said
flat or any of the Owner’s fixtures, fittings and articles therein and to keep the same in good
order and condition.
(iv) Not to smoke any tobacco product, hookah, use of any alcoholic drink for
consumption and any contraband which had been declared illegal by law and/or not even to
have possession of abovementioned, in the said flat.
(v) Not to disturb the other Paying-Guest of the said room by making and/or
creating nuisance, by talking on the mobile phone, by fighting and/or any other behavior
which disturbs the other occupants of the said room. And further not to bring any individual
and/or group of persons in the said flat.

3
(vi) Not to hold the Owner responsible or liable for any loss or damage on account of
any theft, fire or other destructions caused to or things brought by the Paying-Guest in the
said flat and/or by any act of omission on the part of the occupants of the other beds in the
said flat except for direct willful default or negligence on the part of the Owner.
(vii) To make good to the Owner any loss or damage that may be caused to the said
premises and equipment or apparatus or any other fittings, fixtures, articles or property of
the Owner therein as a result of default and/or negligence on the part of the Paying-Guest in
the said flat.
(viii) Not to do or permit to be done in the said flat anything which may be or become
a nuisance to the Owner or the other Paying-Guest of the said flat or which may
prejudicially affect the rights of the Owner.
(ix) Not to bring or store in the said room any combustible or otherwise dangerous
material as may impair the safety of the said Flat.
(x) To perform and observe strictly the provisions hereof and also the laws for the
time being in force and also the rules and regulations and bye-laws of all the concerned
authorities applicable to the apartment in which the said flat is situated for the time being
and from time to time in force.
(xi) Not to claim exclusive possession of the said flat such exclusive possession of the
said flat being with the Owner. To permit the Owner, its agents and all persons authorized
by the Owner to enter upon the said room to examine the state and condition of the said
room at any time.
(xii) To indemnify the Owner and hereby indemnifies the Owner against any loss or
damage that may be suffered as a result of breach of any of the provisions herein contained
or otherwise due to any act or conduct of the Paying-Guest leading to breach of the
provisions hereof or of law or of the rules and regulations and bye-laws of the concerned and
appropriate authorities as may be in force for the time being and from time to time and/or
arising due it`s stay.
(xiii) To remove itself from the said flat with it`s belongings on the termination of the
Agreement hereby granted and as provided in the next Clause six (6) sub-clause (xiv).
(xiv) Notwithstanding the provisions hereof, it is expressly agreed and understood by
and between the parties hereto that upon the expiry of the term hereof or the earlier
determination thereof, the Paying-Guest shall not remove it`s belongings without prior
intimation to the Owner in writing and subject to the condition that if any damage will be
caused to the said flat in process of such removal the said flat shall be restored to its original
condition by the Paying-Guest and leaving the same in the hands of the Owner without any
objection and/or obstruction on the termination of the Agreement.

7. The Owner hereby covenants with the Paying-Guest as under:


(i) She is the Owner of the said flat and has full right, power and authority to enter
into the present Agreement.
(ii) Upon the commencement of the Agreement, the Paying-Guest shall peaceably
use and occupy the said bed during the term of the Agreement and which use shall be in
terms of this Agreement.

4
8. In the event of the Paying-Guest (a) committing default in making payment of any of the
amounts due and payable by the Paying-Guest to the Owner in terms of this Agreement or (b)
committing breach of any of the terms and conditions recorded herein or (c) during the term of
this Agreement, the Paying-Guest remain absent voluntarily or otherwise for more than three
(03) days, the Paying-Guest shall be ordered to vacate the said room and the Owner shall be
entitled to terminate this Agreement, without giving any notice in oral and/or writing to the
Paying-Guest.

9. (a) Upon expiration of the term or early determination of this Agreement, the Paying-
Guest shall immediately remove itself from the said flat with all its belongings against receipt of
the interest free refundable security deposit (subject to permissible deduction therefrom) and
leaving the said bed in the hands of the Owner without any objection. The possession of the said
bed shall be handed-over to the Owner in its original condition. (b) The security deposit of Rs.
5000/- (Rupees Five thousand only) shall be returned to the Paying-Guest without interest but
after deducting therefrom the amounts, if any, payable by the Paying-Guest to the Owner as
provided under this Agreement. (c) If the Paying-Guest fails to handover possession of the said
bed to the Licensor in that event, without affecting Owner’s all other rights and remedies, the
Owner shall be entitled to forfeit the security deposit and the Paying-Guest shall remain liable to
pay to the Owner three times the last monthly compensation fee paid alongwith other amounts
as provided in this Agreement by way of mutually agreed stipulated damages for the period of
wrongful retention.

10. No delay in enforcing any right of a Party under this Agreement shall constitute a waiver
of such rights, or an acquiescence in the event giving rise to such rights and any such rights may
be exercised at any time and from time to time as the Party to whom such rights belong deems
fit and proper. The relationship between the Parties hereto shall be of individual nature. The
parties shall have no authority or power to act or contract on each other’s behalf. In the present
Agreement, the Owner and the Paying-Guest are collectively referred to as “the Parties” and
individually as “the Party”.

11. Nothing herein contained shall be construed or deemed to be construed as creating any
tenancy or sub-tenancy or any other right or title of any nature whatsoever in favour in the
Paying-Guest in respect of the said flat or as transferring any interest in favour of the Paying-
Guest other than the temporary rights hereby granted.

12. The rights granted hereunder is strictly for the use of the Paying-Guest during the term of
the Agreement as bare Paying-Guest only. The Paying-Guest shall not induct any other person
in the said bed and/or flat or directly or indirectly allow any other person to use or occupy the
said bed or any part thereof for any purpose. It is expressly agreed that the rights granted to the
Paying-Guest to use the said bed is purely personal to the Paying-Guest and shall in no case
exclude the Owner or its agents, servants, representatives etc. from looking after the said room.

5
13. The Owner shall deliver one set of duplicate keys of the main door of the said Flat to
enable the Paying-Guest to enter and use of the said room. However, the possession of the said
Flat physical and judicial along with original set of keys shall always remain with the Owner.

14. The Paying-Guest is at liberty to use the said Agreement as it`s address proof for opening
a saving account only in the Bank with prior written permission of the Owner during the
subsistence of this Agreement and the same Agreement shall not be used for any other address
proof in any case and/or whatsoever.

15. The stamp paper and incidental charges to this Agreement shall be borne and paid by the
Owner and Paying-Guest.

16. This Agreement as also its formation, execution, validity, interpretation and
implementation shall be governed by and construed in accordance with the laws of India. The
Courts at Mumbai alone shall have jurisdiction to entertain and try and any disputes between
the parties.

IN WITNESS WHEREOF the parties have executed this Agreement, on the day and year first
hereinabove written.

SIGNED AND DELIVERED


by the withinnamed the Owner,
Miss. Priyanka D`silva Owner

SIGNED AND DELIVERED


by the withinnamed the Paying-Guest,
Mr. Luv Kumar Ambwani Paying-Guest

Before Me,

Identified By:

Deepak Kumar
Advocate

Witness

6
RECEIPT

Received on or before execution of these presents from Mr. Luv Kumar Ambwani, the
Paying-Guest, the sum of Rs. 5000/- (Rupees Five Thousand only) towards interest free
security deposit payable by the Paying-Guest to the withinnamed Owner – by way of
transfer of the said amount which is paid as deposit by the Paying-Guest to the Owner,
under the hereinabove recited in Agreement dated 14th day of February 2012.

I say received

(Miss Priyanka D`silva)

7
8
*********************************
PAYING-GUEST AGREEMENT
*********************************

BETWEEN
Miss. Priyanka D`silva
…Owner
AND
Mr. Luv Kumar Ambwani
…Paying-Guest

Dated this 14th day of February 2012

Deepak Kumar
Advocate
Ceres & Co.
ceresandcompany@gmail.com

You might also like