Pratap Seethapathy And 5 ORS v. George Inacio Loyola Coutinho And ANR

Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

CORAM:

M. S. SONAK, J.

Reserved on : 2nd FEBRUARY 2024 Pronounced on:

5th FEBRUARY 2024

O R D E R

1 (2004) 12 SCC368 2 FA No.185 of 2003 decided on 16.12.2011 3 (2021) 3 Bom CR 685

4 2021(4) CCC 331 (SC) 5 1999(2) ALL MR 576

"LEAVE AND LICENCE DEED This Leave and Licence Deed executed on 1st of December 2003, BY AND BETWEEN Mr. Inacio J. X. da C. Coutinho, who is the power of attorney holder of G. I. Loyola Coutinho (who shall be referred to hereinafter as Licensor) and Mr. Sheetapathy major in age, (who shall be hereinafter referred to as the Licencee) Witnesseth as under :

WHEREAS the Licensor is the owner of the land and has constructed a building on the land bearing Matriz No.69 at Aquem. Margao and whereas the Licencee has approached the Licensor to grant unto him Leave and Licence of a residential "GUIOMAZIA ANNEXE" No.2 for a term of eleven months. Whereas the Licensor has agreed to grant the same on a monthly Licence Fee of Rs. 150/-(RUPEES ONE HUNDRED FIFTY ONLY) it is agreed by and between the parties that the terms and conditions of this Leave and Licence shall be as under :

1. The Licencee shall also pay 50% of the Municipal taxes charged annually which will be levied from time to time such amount as the premises occupied and the same is payable in advance being at the time of executing this Deed.

2. The period of this Leave and Licence shall commence as from 1st December 2003, (1.12.2003); and shall expire on 30th October 2004 (30.10.2004) during which period the Licencee shall pay to the Licensor Rs150/-(Rupees ONE HUNDRED FIFTY ONLY) per month and the payment shall be effected on/or before the 5th day of each month.

3. The Licensor has put the Licensee in possession of the "GUIOMAZIA ANNEXE." No.2. behind the main building.

4. The Licensee shall be liable to take care of the premises as his own house and shall have to make good to the Licensor any damage or losses which may be caused either by the Licensee or any of his agent or representative.

5. The Licensee shall not store any explosive substance or corrosive material in the premises and shall use the same exclusively for residential purpose only.

6. The Licensee shall not throw waste matters in the compound around the building premises. but to throw in M.M.C. DUSTBIN and shall not rear any animals and is not entitled to cultivate or plant any trees.

7. The Licensee shall not let, lease or grant unto any other person of the said premises or any other part thereof nor shall he carry any offensive trade therein.

8. The Licensee shall pay bills for electricity and water consumed by him, however the electricity and water installation shall remain in the name of the Licensor.

9. If the Licencee has got a car he must pay parking charges.

10. The Licencee shall be liable to make good the damages caused to the building either by him, his employees, agents or friends. He shall be liable to pay towards repairs, as may be necessitated by the willful negligence or intentional waste by him, his employees, agents or friends.

11. The Licencee shall not make or permit to be made any alterations or additions to the said fixtures or in the construction or arrangement (internal or external) of the said flat without prior written consent of the Owner.

12. It is hereby agreed and declared that No TENANCY RIGHTS or any title or interest in the nature of tenancy or any other interest whatsoever except that of a Licencee is hereby created.

13. On expiry of this Leave and Licence period, the Licencee shall give quiet and peaceful vacant possession of the property hereby demised to the Licensor.

14. If the aforesaid Licence fee is not paid regularly every month by the Licencee or if it remains unpaid in arrears for more than two consecutive months, this Leave and Licence will be null and void and the Licencee shall be liable to be ejected immediately by recovering all damages and indemnization.

15. The Licencee if desirous of continuing with this Leave and Licence for further period, a notice in advance of intention In writing to the Licensor, one month before the expiry of this Leave and Licence and a fresh deed shall be executed otherwise this Leave and Licence shall expire, at the end of this eleven months period, and the Licencee should give quiet and peaceful vacant possession of the premises hereby demised, to the Licensor. That the Licensor shall have the right to eject the Licencee on breach of any of the conditions herein mentioned without prejudice to his right to realise all arrears of amount due.

16. If the Licencee gives any cause to institute legal proceedings through Court of law for ejection, he will be responsible to pay legal expenses and other indemnization to the Licensor.

17. The Licencee may vacate the premises by giving two, months advance notice to that effect. The Licensor may terminate this Leave and Licence by giving one months notice to that effect.

18. All proceedings which may have to be initiated by either party under this Leave and Licence shall be at Margao only. IN WITNESS WHEREOF the Owner and the Licencee have hereto at Margao signed the day, month and the year first above mentioned.

Signed and delivered by Mr.

I.J.

Coutinho

1. LICENSOR: Sd/- Signed and delivered by Mr. Sheetapathy

2. LICENCEE: Sd/-"

M. S. SONAK, J.

Date: 2024.02.05 15:07:28 +05'30'

TARI AMRUT NAGESH