0memorandum of Agreement For Tenancy

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MEMORANDUM OF AGREEMENT
FOR TENANCY
THIS MEMORANDUM OF AGREEMENT FOR TENANCY is made

on this the day of June, 2015 B E T W E E N:
Contd..2..
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MR. TSHERING GYALPO BHUTIA, son of Late Chomplal Bhutia, by

nationality Indian and resident Chest Clinic Road, within the Post Office,
Police Station & Sub-Division of Kalimpong in the District of Darjeeling
hereinafter called the LANDLORD/ FIRST PARTY (which expression
shall unless excluded by or repugnant to the context be deemed to mean
and include his heirs, successors, legal representatives, administrators,
executors and assigns) OF THE FIRST PART.
And SMT. SANGITA RAI, W/O Late Lhendup Bhutia, by nationality

Indian and resident of Chest Clinic Road, within the Post Office &
Police Station Kalimpong, in the District of Darjeeling hereinafter called
the TENANT/SECOND PARTY (which expression shall unless excluded
by or repugnant to the context be deemed to mean and include her heirs,
successors, legal representatives, administrators, executors and assigns)
OF THE OTHER PART.
WHEREAS the first party is the owner in respect of a double storied

wooden house as held under Khatian no. 1064 (L.R.), comprising of R.S.
Plot Nos. 2659, 2657 and 2658 and further corresponding to D.I. Fund
Plot No. 291 and 293, and situated at Chest Clinic Road, under
KALIMPONG TOWN MOUZA, J.L. No. 56, in the Police Station and
Sub-Division of Kalimpong, District Darjeeling.
AND WHEREAS the second party has approached the First Party to let
out the first floor of the said house for residential purpose on the terms
and conditions as appearing herein below and in respect of the schedule
premises.
NOW THIS MEMORANDUM OF AGREEMENT WITNESSETH AS

FOLLOWS :-
1. That the period of tenancy shall be effective with effect from 1 st day
of June, 2015 to 31st Day of October, 2015.
2. That the First party has on good faith granted a period of five months
for stay of the Second party as tenant but without any rent.
3. That the Second party shall not be entitled to enjoy the tenanted
premises from 31st day of October, 2015 and shall have to vacate the
premises as and when told by the First party.
4. That the second party/tenant shall not be entitled to transfer, sub-let

or assign any part of the schedule premises to any third person
without the written consent of the first party/landlord.
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5. That no addition or alternation shall be caused by the second party in

respect of the schedule premises at any point of time without the
written consent of the first party/landlord.
6. That the Second party shall not be entitled to use the said premises for
any illegal or immoral purpose.
7. That the tenancy is hereby created for residential accommodation of

the second party.
8. That the first party shall not be responsible for the supply of water
and the electricity to the Second party.
9. That in case of dispute or differences in respect of the tenancy the

aggrieved party shall be entitled to seek redress before the competent
Court of Law and the defaulting party shall be liable for the damages
and the incidental costs thereto.
SCHEDULE OF PROPERTY
ALL THAT first floor of a double storied wooden house as held under
Khatian no. 1064 (L.R.), comprising of R.S. Plot Nos. 2659, 2657 and
2658 and further corresponding to D.I. Fund Plot No. 291 and 293, and
situated at Chest Clinic Road, under KALIMPONG TOWN MOUZA,
J.L. No. 56, in the Police Station and Sub-Division of Kalimpong,
District Darjeeling.
IN WITNESSES WHEREOF the parties have herein set their respective

hands and signatures in this memorandum of agreement for tenancy on
this the day, month and the year, first above mentioned in presence of the
witnesses:
SIGNED, SEALED & DELIVERED:
In presence of:
WITNESSES:
1. Signature of the first party
2. Signature of the second party
Drawan at my Chamber:
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FOR TENANCY

on this the 15th day of February 2012 B E T W E E N:
SMT. PUSHPA DURAL W/O K.K. Dural, by nationality Indian and

resident 9th Mile, within the Post Office, Police Station & Sub-Division
of Kalimpong in the District of Darjeeling hereinafter called the
LANDLADY/FIRST PARTY (which expression shall unless excluded
OF THE FIRST PART.
And SMT. BINITA RAI W/O Sri Rajesh Subba, by nationality Indian
and resident of Takdah, within the Post Office & Police Station Takdah,
in the District of Darjeeling hereinafter called the TENANT/SECOND
PARTY (which expression shall unless excluded by or repugnant to the
context be deemed to mean and include her heirs, successors, legal
representatives, administrators, executors and assigns) OF THE OTHER
PART.
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cottage type house and a newly constructed room with attached bathroom
along with the water tank having two floors as held under Kalimpong
own Mouza L.R. Khaitan 2523 modified Plot No 7896 corresponding
to L.R. 7923 and situated within Kalimpong Municipal Ward No. 21 at
9th Mile, within the Post Office, Police Station & Sub-Division of
Kalimpong in the District of Darjeeling.
AND WHEREAS the second party had occupied the said double storied
house excluding the newly added room as a monthly tenant in terms of
the written agreement dated 23.1.2010 for a period of eleven months
which has expired on 30th November 2010.
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AND WHEREAS the said tenancy agreement expired on 30 th November

2011.
AND WHEREAS out of mutual terms this tenancy agreement is hereby

agreed to be extended with effect from 1st day of December 2011 to 31st
day of October 2012 for a period of eleven months on the terms and
conditions as appearing herein below and in respect of the schedule
premises.

FOLLOWS :-
of December 2011 to 31st Day of October 2012 for a period of eleven
months.
11. That the rent for the schedule premises has been fixed at Rs. 7,700/-
(Rupees seven thousand seven hundred) only per month and the rent
shall be payable, calculated and computed according to English
Calendar months.
12. That the second party has already paid a sum of Rs. 13,000/- (Rupees
thirteen thousand) only as security deposit to the first party subject to
be refunded the same at the time of expiry of the term of tenancy to
the second party.
13. That on mutual terms, the term of tenancy may be extended for such
period as the parties may determine.
14. That the second party shall pay the monthly rent within 7 th day of
the following month and for the previous month for which the rent
falls due and the first party shall grant proper receipt thereof.

17. That during the subsistence of the tenancy the first party or any
person or persons shall not obstruct or stand on the way of lawful and
peaceful occupation of the schedule premises by the second
party/tenant.
18. That the tenancy is hereby created for running a nursery school and
for residential accommodation of the second party.
19. That the first party shall not be responsible for the supply of water to
the second party and the electricity shall also be excluded from the
term of tenancy and the electric bills shall be directly paid by the
second party.

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ALL THAT double storied cottage type house and a newly constructed
room with attached bathroom along with the water tank as held under
Kalimpong town Mouza L.R. Khaitan 2523 modified Plot No 7896
corresponding to L.R. 7923 and situated within Kalimpong Municipal
Ward No. 21 and situated within Kalimpong Municipal Ward No. 21 and
situated at 9th Mile, within the Post Office, Police Station & Sub-
Division of Kalimpong in the District of Darjeeling.

witnesses:
In presence of:
WITNESSES:
Drawn at my Chamber;
(Pravakar Dewan) Advocate,

Main Road, Kalimpong.
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FOR TENANCY

on this the …………………….. day of November 2011 B E T W E E
N:
SRI SURESH KUMAR PRADHAN S/O Late Kaziram Pradhan, by

nationality Indian and resident Relli Road, within the Post Office, Police
Station & Sub-Division of Kalimpong in the District of Darjeeling
hereinafter called the LANDLORD/FIRST PARTY (which expression
And ………………………S/O………………, by nationality Indian and

resident of………….., within the Post Office, Police Station & Sub-
Division of Kalimpong in the District of Darjeeling hereinafter called the
TENANT/SECOND PARTY (which expression shall unless excluded by
or repugnant to the context be deemed to mean and include his heirs,
OF THE OTHER PART.
WHEREAS the first party is the absolute owner in respect of entire shop
room made of wooden partition and G.C.I. Sheet roof, and situated at
Thanadara, within Kalimpong Municipal Ward No. XII, in the Post
Office, Police Station & Sub-Division of Kalimpong in the District of
Darjeeling.
AND WHEREAS on the approach made by the second party the first
Party has agreed to let the said entire shop room as fully and particularly
described in the schedule annexed herein below at a monthly rent of Rs.
…………./- (Rupees ………..) only per month payable, computed and
calculated according to English Calendar months.
AND WHEREAS in order to avoid the future misunderstanding and to

formulate a clear terms of tenancy the parties have decided to enter into
this agreement as hereunder.

FOLLOWS :-
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21. That the rent for the schedule premises has been fixed at Rs.
……………../- (Rupees…………..) only per month and the rent shall
be payable, calculated and computed according to English Calendar
months.
of November 2011 to 30th Day of September 2012 for a period of
eleven months.
23. That after the expiry of this term of tenancy agreement if both the
parties intend to extend the term of tenancy they shall create a fresh
tenancy agreement on such terms and conditions as may be
determine.
24. That the tenancy is hereby created for the commercial purpose and
the second party shall not use the same otherwise than its purpose.
26. That the second party/tenant shall not be entitled to transfer sub-let or
assign any part of the schedule premises to any third person without
the written consent of the first party/landlord.

written consent of the first party/landlady.
party/tenant.
29. That the second party shall pay the electric charges as per the
consumption of meter reading and the first party shall not be liable
for the same.
30. That there is no water facility in the schedule premises and therefore
the first party shall not be responsible for supply of water to the
second party to that effect.
31. That on expiry of the term of agreement the second party shall quit
and vacate the schedule premises and shall deliver peaceful vacant
possession thereof to the first party or his authorized agent.
32. That if the second party intends to quit and vacate the schedule
premises prior to terms of this agreement he shall serve one months’
previous notice in writing or shall pay one months’ rent if so vacated
without notice.
33. That if the second party violates in the terms of tenancy agreement
the first party shall terminate the tenancy by one month previous
notice in writing to the second party.
34. That the rent shall enhanced at the rate of 10% every three years in
case of extension of tenancy by a fresh agreement.

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ALL THAT entire shop roof made of wooden partition and G.C.I. Sheet
roof and situated at Thanadara, within Kalimpong Municipal Ward No.
XII, in the Post Office, Police Station & Sub-Division of Kalimpong in
the District of Darjeeling.

witnesses:-
WITNESSES: Signature of the first party
2.
(Nisha Rai ) Advocate,

Kalimpong Court.
FOR TENANCY

on this the 1st day of October 2011 B E T W E E N:
SMT. TSHERING BHUTIA W/O Late Shekhar Rajak, by nationality

Indian and resident 10th Mile, Lower Gumbahatta, within the Post Office,
hereinafter called the LANDLADY/FIRST PARTY (which expression
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and include her heirs, successors, legal representatives, administrators,

And SMT. THINLEY CHODEN W/O Sri Deepak Tamang, by

nationality Indian and resident of 10th Mile, Lower Gumbahatta, within
the Post Office, Police Station & Sub-Division of Kalimpong in the
District of Darjeeling hereinafter called the TENANT/SECOND PARTY
(which expression shall unless excluded by or repugnant to the context be
deemed to mean and include her heirs, successors, legal representatives,
administrators, executors and assigns) OF THE OTHER PART.
WHEREAS the first party is the absolute owner in respect of four storied
building situated at 10th Mile, Lower Gumbahatta, within the Post Office,
Police Station & Sub-Division of Kalimpong in the District of Darjeeling.
Party has agreed to let out two rooms with toilet on the ground floor as
fully and particularly described in the schedule annexed herein below at a
monthly rent of Rs. 1,800/- (Rupees one thousand eight hundred) only
per month payable, computed and calculated according to English
Calendar months.


FOLLOWS :-
(Rupees one thousand eight hundred) only per month and the rent
shall be payable, calculated and computed according to English
Calendar months.
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of October 2011 to 31st day August 2012 for a period of eleven
months.
determine.
39. That the tenancy is hereby created for the residential purpose and the
second party shall not use the same otherwise than its purpose.
the written consent of the first party/landlady.

party/tenant.
consumption of sub-meter reading and the first party shall not be
liable for the same.
possession thereof to the first party or her authorized agent.
premises prior to terms of this agreement she shall serve one months’
without notice.

ALL THAT two rooms including toilet on the ground floor of a four
storied building located at 10th Mile, Lower Gumbahatta, within the Post
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Darjeeling.

witnesses:-
2.

Kalimpong Court.
LEASE AGREEMENT
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THIS LEASE AGREEMENT is made on this the 15 th day of

September 2011 at Kalimpong B E T W E E N:
SMT. TULASA SHARMA W/O Late B.B. Sharma, by

nationality Indian and resident of Engine Dara, 9th Mile, within
the Post Office, Police Station & Sub-Division of Kalimpong
in the District of Darjeeling hereinafter called the LESSOR
(which expression shall unless excluded by or repugnant to the
context be deemed to mean and include her heirs, successors,
legal representatives, administrators, executors and assigns)
OF THE FIRST PART.
And SRI SUBHASH ADHIKARI S/O Bednidhi Adhikari, by

nationality Indian and resident of Kagay Busty, within the
Post Office of Kagay, Police Station & Sub-Division of
Kalimpong in the District of Darjeeling hereinafter called the
LESSEE (which expression shall unless excluded by or
repugnant to the context be deemed to mean and include his
heirs, successors, legal representatives, administrators,
executors and assigns) OF THE OTHER PART.
WHEREAS the lessor is the absolute owner in respect of a

small double storied out house made of brick wall on the first
floor and egra fencing on the first floor with wooden floor with
G.C.I. Sheet roof as held under Kalimpong Municipal Holding
No. 9 (294 new) and situated at Engine Dara, 9 th Mile, within
Kalimpong Municipal Ward No. XXI, in the Post Office,
Police Station & Sub-Division of Kalimpong in the District of
Darjeeling.
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AND WHEREAS on the approach made by the lessee the

lessor has agreed to let the said out house as fully and
particularly described in the schedule annexed herein below at
a monthly rent of Rs. 350/- /- (Rupees three hundred fifty)
only per month payable, computed and calculated according to
English Calendar months.
AND WHEREAS the parties have decided to enter into this

lease agreement as hereunder as fully and voluntarily
consented by the lessee this lease has been decided to register
under the Registration Act, 1908.
NOW THIS LEASE AGREEMENT WITNESSETH AS

FOLLOWS :-
50. That the rent for the schedule premises has been fixed at
Rs. 350/- (Rupees three hundred fifty) only per month and
the rent shall be payable, calculated and computed
according to English Calendar months.
51. That the period of tenancy shall be effective with effect

from 1st day of September 2011 to 31st day of August 2014
for a period of three years.
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52. That after the expiry of this term of lease agreement the
lease shall not be extended and the lessee shall quit and
vacate the schedule premises positively on 1 st day of
September 2014 and shall deliver peaceful vacant
possession thereof to the lessor or her authorized agent
and the lessee shall not be entitled to claim for extension of
the lease period.
53. That the lease is hereby created for the residential purpose
and the lessee shall not use the same otherwise than its
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purpose. However, the lessee shall be at liberty to keep his

small shop facing the road on the schedule property.
54. That the lessee shall pay the monthly rent within 7 th day of
the following month and for the previous month for which
the rent falls due and the lessor shall grant proper receipt
thereof.
55. That the lessee shall not be entitled to transfer sub-let or

assign any part of the schedule premises to any third person
without the written consent of the lessor.
56. That no addition or alternation shall be caused by the lessee

in respect of the schedule premises at any point of time
without the written consent of the lessor.
57. That the lessee shall pay the electric charges as per the
consumption of sub-meter reading and the lessor shall not
be liable for the same.
58. That the lessor shall not be responsible for supply of water
to the lessee.
59. That the lessee shall have right of occupancy but the lessor
or her men and agent shall have right of entry at all
reasonable point of time and the legal possession and
ownership of the property shall always remain with the
lessor.
60. That if the second party intends to quit and vacate the
schedule premises prior to terms of this agreement he shall
serve one months’ previous notice in writing or shall pay
one months’ rent if so vacated without notice.
61. That if the second party violates in the terms of tenancy

agreement the first party shall terminate the tenancy by one
month previous notice in writing to the second party.
62. That the lease hereby created creates right of occupation of

the lessee for the specific period of three years but the
ownership, supervision of the said property shall always
remain under the control of the lessor.
63. That during the subsistence of this lease the lessee shall be
entitled to use the common toilet owned by the lessor
located near the building of the lessor.
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64. That the lessor shall also not obstruct the use of existing
footpath attached to the road for drying clothes and
washing the utensils and keeping water containers.
65. That in case of dispute or differences in respect of the

tenancy the aggrieved party shall be entitled to seek redress
before the competent Court of Law and the defaulting party
shall be liable for the damages and the incidental costs
thereto.
ALL THAT a small double storied out house made of brick

wall on the first floor and egra fencing on the first floor with
wooden floor with G.C.I. Sheet roof as held under Kalimpong
Municipal Holding No. 9 (294 new) and situated at Engine
Dara, 9th Mile, within Kalimpong Municipal Ward No. XXI, in
the Post Office, Police Station & Sub-Division of Kalimpong
in the District of Darjeeling.
IN WITNESSES WHEREOF the parties have herein set their

respective hands and signatures in this memorandum of
agreement for tenancy on this the day, month and the year,
first above mentioned in presence of the witnesses:-
WITNESSES: Signature of the lessor
3. Signature of the lessee
2.
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Main Road, Kalimpong
Enrl. No. WB/143/79.
FOR TENANCY

on this the ………day of June 2011 B E T W E E N:
SMT. PAVITRA CHETTRI W/O Late H.B. Chettri, by nationality

Indian and resident 10th Mile, Thongsa Gumba Road, Lower Gumbahatta,
within the Post Office, Police Station & Sub-Division of Kalimpong in
the District of Darjeeling hereinafter called the LANDLADY/FIRST
representatives, administrators, executors and assigns) OF THE FIRST
PART.
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And MR. ROSHAN TAMANG S/O ……………………………, by

nationality Indian and resident of 10th Mile, Thongsa Gumba Road,
Lower Gumbahatta, Ashish Enterprises (Atula Electronics), within the
Post Office, Police Station & Sub-Division of Kalimpong in the District
of Darjeeling hereinafter called the TENANT/SECOND PARTY (which
expression shall unless excluded by or repugnant to the context be
deemed to mean and include his heirs, successors, legal representatives,
WHEREAS the first party is the absolute owner in respect of three

storied building situated at 10th Mile, Thongsa Gumba Road, Lower
Gumbahatta, within the Post Office, Police Station & Sub-Division of
Party has agreed to let out two shop rooms with toilet measuring 20 X 30
sq. ft. approximately on the ground floor as fully and particularly
5,000/- (Rupees five thousand) only per month payable, computed and


FOLLOWS :-
(Rupees five thousand) only per month and the rent shall be payable,
calculated and computed according to English Calendar months.
of June 2011 to 30th April 2011 for a period of eleven months.
determine.
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party/tenant.
consumption of sub-meter reading and the first party shall not be
liable for the same.
75. That the first party shall not be responsible for supply of water to the
second party.
premises prior to terms of this agreement he shall serve one months’
without notice.

ALL THAT two shop rooms including toilet measuring 20 X 30 sq. ft.
approximately on the ground floor of a three storied building located at
10th Mile, Thongsa Gumba Road, Lower Gumbahatta, within the Post
Darjeeling.

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witnesses:-
2.

Kalimpong Court.
FOR TENANCY
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on this the 2nd day of June 2011 B E T W E E N:
MRS. RANU DEWAN W/O Sri Pravakar Dewan, by nationality Indian

and resident Justice Biswas Road, within the Post Office, Police Station
& Sub-Division of Kalimpong in the District of Darjeeling hereinafter
called the LANDLADY/FIRST PARTY (which expression shall unless
excluded by or repugnant to the context be deemed to mean and include
her heirs, successors, legal representatives, administrators, executors and
assigns) OF THE FIRST PART.
And SMT. SRIJANA PRADHAN W/O Sri Upal Dewan, by nationality

Indian and resident of Dr. B.L. Dikshit Road, within the Post Office,
hereinafter called the TENANT/SECOND PARTY (which expression
WHEREAS the first party is the absolute owner in respect of one single
shop room on the basement floor of Maa Super Market, Thanadara,
within Ward No. I, in the Post Office, Police Station & Sub-Division of
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Party has agreed to let out the said room as fully and particularly
4,000/- (Rupees four thousand) only per month payable, computed and


FOLLOWS :-
(Rupees four thousand) only per month and the rent shall be payable,
of June 2011 to 30th April 2011 for a period of eleven months.
83. That the second party has paid a sum of Rs. 16,000/- (Rupees sixteen
thousand) only as advance rent and the same shall be adjusted by
50% rent per month. And after adjustment of the same the second
party shall pay the full amount of rent.
determine.
86. That the second party shall pay the monthly rent within 7th day of the
following month and for the previous month for which the rent falls
due and the first party shall grant proper receipt thereof.

party/tenant.
90. That the second party shall install the electric connection at her own
cost and expenses and shall pay the electric charges as per the
consumption of meter reading and the first party shall not be liable
for the same.
91. That the first party shall not be responsible for supply of water to the
second party.
92. That there is latrine facility in the tenanted premises but the second
party shall not use the said inbuilt toilet to avoid hygienic problems
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and no clean or waste water shall be poured into the said toilet by the
second party.
without notice.

ALL THAT one single shop room on the basement floor of Maa Super
Market, Thanadara, Ward No. I, within the Post Office, Police Station &
Sub-Division of Kalimpong in the District of Darjeeling.

witnesses:-
2.
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Kalimpong Court.
FOR TENANCY

on this the 1st day of April 2011 B E T W E E N:
MRS. PREMKIT LEPCHA D/O Late N.T. Lepcha, by nationality Indian

and resident Mangal Dara, Upper Cart Road, within the Post Office,
hereinafter called the LANDLADY/FIRST PARTY (which expression
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And SRI MOHAN SEWA S/O Late M.S. Sewa, by nationality Indian
and resident of Upper Cart Road, within the Post Office, Police Station
called the TENANT/SECOND PARTY (which expression shall unless
his heirs, successors, legal representatives, administrators, executors and
assigns) OF THE OTHER PART.
WHEREAS the first party is the owner in respect of a partly

concrete/pucca with shutter and slab cemented room/garage measuring
20’ X 20’ = 400 sq. ft. as held under Holding No. 197 Building Plot No.
Q/81 and Jhora Plot No. A/81 situated at Development Area, Mangal
Dara, within the Post Office, Police Station & Sub-Division of
party has agreed to let out the schedule premises as a monthly rent of Rs.
500/- (Rupees five hundred) only per month payable, computed and
calculated and according English Calendar months subject to periodical
revision as and when required.

formulate a clear terms of tenancy the first party proposed to enter into
this agreement and the second party has also granted his consent for the
same and therefore the parties have decided to enter into this agreement
as hereunder :-

FOLLOWS :-
98. That the rent for the schedule premises has been fixed at Rs. 500/-
(Rupees five hundred) only per month and the rent shall be payable,
99. That the tenancy shall be effective with effect from 1 st day of April
2011 to 29th day of February 2012 for a period of eleven months.
100. That the second party shall pay the monthly rent within 7 th day
of the following month and for the previous month for which the rent
falls due.
101. That the second party/tenant shall not be entitled to transfer, sub-
let or assign any part of the schedule premises to any third person
102. That no addition or alternation shall be caused by the second party

in respect of the schedule premises at any point of time without the
103. That the second party shall agree to vacate/or cancel the tenancy
unconditionally as and when the first party desires or approaches.
104. That the tenancy hereby created is solely for garage purpose and
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105. That the tenant/second party shall keep the premises neat and
clean and shall not cause any damage to the tenanted premises or the
building. In the event of any damage of the tenanted premises the
second party shall be responsible for repair of the same.

ALL THAT part and parcel of the garage room mentioned herein above
as under Holding No. 197 Building Plot No. Q/81 and Jhora Plot No.
A/81 situated at Development Area, Mangal Dara, within the Post Office,

witnesses:
WITNESSES:
1. SSignature of the first party
2.
Signature of the second
party
(S.K. Lama (Khaiba) Advocate,

Kalimpong Court
Enrl No. 328/413/2010.
FOR TENANCY
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on this the 29th day of April 2011 B E T W E E N:
SRI PRATIK RAI S/O Late Jagatram Rai, by nationality Indian and
resident of “Rai Khim”, within the Post Office of Pedong, Police Station
called the LANDLADY/FIRST PARTY (which expression shall unless
And………………………………………………………………., by
nationality Indian and resident of Algarah Bazar, within the Post Office
of Algarah, Police Station & Sub-Division of Kalimpong in the District
of Darjeeling hereinafter called the TENANT/SECOND PARTY (which
WHEREAS the first party is the owner of a four storied building as held
under Pedong D.I.F., L.R. Khatian No. 38, comprising of L.R. Plot No.
11037 (old) and situated at Pedong, within the Post Office of Pedong,
AND WHEREAS the second party approached to the first party to let out
the one shop room of the said building as fully and particularly described
in the schedule annexed herein below at a monthly rent of Rs. 1700/-
(Rupees one thousand seven hundred) only per month payable, computed
and calculated according to English Calendar months.
AND WHEREAS in order to avoid future misunderstanding and to


FOLLOWS :-
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1700/- (Rupees one thousand seven hundred) only per month and the
rent shall be payable, calculated and computed according to English
Calendar months.
108. That the second party has already paid a sum of Rs. 1700/-
(Rupees one thousand seven hundred) only as advance rent to the first
party and the first party admits and acknowledges the receipt thereof.
109. That the period of tenancy shall be effective with effect from 1 st
day of May 2011 to 31st March 2012 for a period of eleven months.
110. That on mutual terms, the term of tenancy may be extended for
such period as the parties may determine.
of every month in advance and the first party shall grant proper
receipt thereof.

party/tenant.
115. That the tenancy is hereby created for commercial purpose and
to the second party.
consumption of sub-meter reading.

ALL THAT one shop room on the ground floor of a four storied building
as held under Pedong D.I.F., L.R. Khatian No. 38, comprising of L.R.
Plot No. 11037 (old) and situated at Pedong, within the Post Office of
Pedong, Police Station & Sub-Division of Kalimpong in the District of
Darjeeling.

witnesses:
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In presence of:
WITNESSES:
(Ms. Anuja Pradhan) Advocate,

Kalimpong Court.
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FOR TENANCY

on this the ……… day of January 2011 B E T W E E N:
SMT. PUSHPA DURAL W/O K.K. Dural, by nationality Indian and

resident 9th Mile, within the Post Office, Police Station & Sub-Division
of Kalimpong in the District of Darjeeling hereinafter called the
LANDLADY/FIRST PARTY (which expression shall unless excluded
OF THE FIRST PART.
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And SMT. BINITA RAI W/O Sri Raj Rai, by nationality Indian and
resident of Takdah, within the Post Office & Police Station Takdah, in
the District of Darjeeling hereinafter called the TENANT/SECOND
PART.

cottage type house and a newly constructed room with attached bathroom
along with the water tank having two floors as held under Kalimpong
own Mouza L.R. Khaitan 2523 modified Plot No 7896 corresponding
to L.R. 7923 and situated within Kalimpong Municipal Ward No. 21 at
9th Mile, within the Post Office, Police Station & Sub-Division of
AND WHEREAS the second party had occupied the said double storied
house excluding the newly added room as a monthly tenant in terms of
the written agreement dated 23.1.2010 for a period of eleven months
which has expired on 30th November 2010.
AND WHEREAS out of mutual terms this tenancy agreement is hereby

agreed to be extended with effect from 1st day of January 2011 to 30th
November 2011 for a period of eleven months on the terms and
conditions as appearing herein below and in respect of the schedule
premises.

FOLLOWS :-
7,700/- (Rupees seven thousand seven hundred) only per month and
the rent shall be payable, calculated and computed according to
120. That the second party has already paid a sum of Rs. 13,000/-
(Rupees thirteen thousand) only as security deposit to the first party
subject to be refunded the same at the time of expiry of the term of
tenancy to the second party.
day of January 2011 to 30th November 2011 for a period of eleven
months.
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35

party/tenant.
127. That the tenancy is hereby created for running a nursery school
and for residential accommodation of the second party.
to the second party and the electricity shall also be excluded from the
term of tenancy and the electric bills shall be directly paid by the
second party.

ALL THAT double storied cottage type house and a newly constructed
room with attached bathroom along with the water tank as held under
Kalimpong town Mouza L.R. Khaitan 2523 modified Plot No 7896
corresponding to L.R. 7923 and situated within Kalimpong Municipal
Ward No. 21 and situated within Kalimpong Municipal Ward No. 21 and
situated at 9th Mile, within the Post Office, Police Station & Sub-

witnesses:
In presence of:
WITNESSES:
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FOR TENANCY

on this the ……… day of June 2010 B E T W E E N:
MR. BIJAY KUMAR MAHAT S/O Late K.B. Mahat, by nationality

Indian and resident Relli Road, within the Post Office, Police Station &
Sub-Division of Kalimpong in the District of Darjeeling hereinafter
called the LANDLORD/FIRST PARTY (which expression shall unless
And MRS. BABLI SINHA (DEB) W/O Mr. Sanjay Sinha and D/O Sri R.
Deb, by nationality Indian and resident of Rausay, within the Post Office,
WHEREAS the first party is the owner in respect of a three storied

building known as Mahat Building, as held under Municipal Holding No.
37 (197/1043P) under Ward No. X and situated at Relli Road, within the
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37

of Darjeeling.
Party has agreed to let out the two rooms on the top floor as fully and
particularly described in the schedule annexed herein below at monthly
rent of Rs. 900/- (Rupees nine hundred) only per month payable,
computed and calculated according to English Calendar months.


FOLLOWS :-
(Rupees nine hundred) only per month and the rent shall be payable,
day of July 2010.
133. That the second party shall pay the monthly rent within 15th day

party/tenant.
consumption of meter reading.
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38
139. That the second party shall pay an enhanced rent @ 10% in every
three years.

ALL THAT two rooms on the top floor of a three storied building
known as Mahat Building, as held under Municipal Holding No. 37
(197/1043P) under Ward No. X and situated at Relli Road, within the
of Darjeeling.

witnesses:
In presence of:
WITNESSES:
1.
2.

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FOR TENANCY

on this the 1st day of October 2010 B E T W E E N:
MR. SONAM TSHERING BHUTIA S/O Late Jampa Bhutia, by

nationality Indian and resident Raja Kothi, 10 th Mile, within the Post
Darjeeling hereinafter called the LANDLORD/FIRST PARTY (which
administrators, executors and assigns) OF THE FIRST PART.
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And MS. SARTHOKI ERICA BANERJEE D/O Suman Banerjee, by

nationality Indian and resident of Villa House, Upper Cart Road, within
WHEREAS the first party is the absolute owner in respect of two storied
building standing on L.R. Khatian No. 4670, comprising of L.R. Plot No.
1234, corresponding to Modified Plot No. 1101, Municipal Holding No.
197(61/new), Being J.L. No. 56, and situated at 10th Mile, Gumba Hatta,
Municipal Ward No. VIII, within the Post Office, Police Station & Sub-
Party has agreed to let out the one shop room with two iron shutters on
the ground floor as fully and particularly described in the schedule
annexed herein below at a monthly rent of Rs. 1,500/- (Rupees one
thousand five hundred) only per month payable, computed and calculated


FOLLOWS :-
1,500/- (Rupees one thousand five hundred) only per month and the
Calendar months.
day of October 2010 to 31st Day of August 2011 for a period of
eleven months.
143. That the tenancy is hereby created for running Non-Government

Organisation and the second party shall not use the same otherwise
than its purpose.

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party/tenant.
consumption of sub-meter reading.
150. That on expiry of the term of agreement the second party shall
quit and vacate the schedule premises and shall deliver peaceful
vacant possession thereof to the first party or his authorized agent.
without notice.

ALL THAT one shop room with two iron shutter on the ground floor of a
double storied building standing on the L.R. Khatian No. 4670,
comprising of L.R. Plot No. 1234, corresponding to Modified Plot No.
1101, Municipal Holding No. 197(61/new) and situated at 10th Mile,
Gumba Hatta, within the Post Office, Police Station & Sub-Division of

witnesses:-
2.
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FOR TENANCY

on this the ……… day of …………2010 B E T W E E N:
SMT. SHANTI PAKHRIN (TAMANG) W/O Kishore Pakhrin

(Tamang), by nationality Indian and resident of Airport More, P.O.
Bagdogra, P.S. Naxalbari in the District of Darjeeling hereinafter called
the LANDLORD/FIRST PARTY (which expression shall unless
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And SRI KANHYALAL JAIN S/O Late Nagraj Jain, by nationality

Indian and resident of Khudiram Pally, P.O. Bagdogra, P.S. Naxalbari in
the District of Darjeeling hereinafter called the TENANT/SECOND
context be deemed to mean and include his heirs, successors, legal
PART.
WHEREAS the first party is the owner is the owner in respect of the
schedule premises annexed hereinbelow and as fully and particularly
mentioned therein.
AND WHEREAS vide a written agreement dated 15th June 2008 the
parties entered into a tenancy agreement are expires on 31st December
2009.
AND WHEREAS to avoid future complication the parties herein have

entered into this fresh agreement and the terms and condition as
appearing hereinafter.
NOW THIS MEMORANDUM OF AGREMENT WITHNESSETH AS

FOLLOWS :-
153. That the tenancy hereby created is deemed to have been

continued on 1st January 2010 and the second party/tenant shall pay a
sum of Rs. 1200/- (Rupees one thousand two hundred) only as
monthly rent payable, computed and calculated according to English
Calendar months.
154. That the said monthly rent shall be paid in lump sum for 12 years
at a time and the first party shall grant proper receipt thereof.
155. That the monthly rent shall not include the electricity
consumption charges and the second party/tenant shall pay the same
separately and directly to the Concerned Department.
156. That as the proposal for sale of the schedule premises could not
be finalized, the same has been dropped and superseded by this
agreement.
157. That the second party shall not put the schedule premises under
any liability or mortgage or otherwise to render the same under
encumbrances.

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party/tenant.

164. That this tenancy shall be operative for a period of three years
from the date hereof and after the expiry of the term of tenancy the
second party shall quit and vacate the schedule premises or on mutual
terms the tenancy may be extended for a further period on such terms
and conditions as the parties may determine. However, if no mutual
terms is reached in regard to the extension of the tenancy, the tenancy
agreement shall be deemed to be completed.
165. That either party can terminate the tenancy by a one month’s
notice in writing.
ALL THAT piece or parcel of the shop room area measuring 20’ X 30’
pucca construction with asvestos roof situated in Mouza Dumriguri, J.L.
No. 94, Khatian No. 242/1, 243/1 & 256/2, comprised in and forming
part of L.R. Plot No. 171 & 172(P) within the jurisdiction of Lower
Bagdogra Gram Panchayat, P.S. Naxalbari, Dist. Darjeeling. The said
shop room is butted and bounded as follows :-
On the North : Premises of the first party;
On the South : N.H. 31C;
On the East : M/S Durga Cloth Stores;
On the West : Premises of Smt. Sita Pakhrin (Tamang).

witnesses:
In presence of:
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WITNESSES:
1.
2.

FOR TENANCY

on this the ……… day of ………… 2010 B E T W E E N:
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MRS. MOHAN KUMARI MUKHIA W/O Late N. Mukhia, by

nationality Indian and resident 12th Mile, Nagdhara, within the Post
And SRI SANJAY MOKTAN S/O Dawa Moktan, by nationality Indian

and resident of 12th Mile, Nagdhara, within the Post Office, Police Station
WHEREAS the first party is the owner of double storied building as held
under Kalimpong Town Mouza, L.R. Plot No. 459, corresponding to
Modified Plot No. 400, and situated at 12th Mile, Nagdhara, within the
of Darjeeling.
Party has agreed to let out the two rooms and extra bath and kitchen on
the ground floor as fully and particularly described in the schedule
annexed herein below at a monthly rent of Rs. 2,000/- (Rupees two
thousand) only per month payable, computed and calculated according to


FOLLOWS :-
46
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2,000/- (Rupees two thousand) only per month and the rent shall be
payable, calculated and computed according to English Calendar
months.
day of June 2010 to 30th April 2011 for a period of eleven months.
168. That the second party has already in possession of the schedule
premises.
169. That the schedule premises is only for the residential purpose.
171. That the second party shall pay the monthly rent within 10th day

party/tenant.

ALL THAT two rooms with extra bath and kitchen on the ground floor of
double storied building as held under Kalimpong Town Mouza, L.R. Plot
No. 459, corresponding to Modified Plot No. 400 and situated at 12 th
Mile, Nagdhara, within the Post Office, Police Station & Sub-Division of

witnesses:-
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2.

FOR TENANCY

on this the ………..day of May 2009 B E T W E E N:
………………S/O………………, by nationality Indian and resident

of…………….., within the Post Office, Police Station & Sub-Division of
LANDLORD/FIRST PARTY (which expression shall unless excluded
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49
by or repugnant to the context be deemed to mean and include his heirs,

OF THE FIRST PART.
And…………….., by nationality Indian and resident of ………….within

WHEREAS the first party is the owner in respect of …………..within the

of Darjeeling.
AND WHEREAS on the approach of the second party the first party has
agreed to let out the schedule premises as a monthly tenant at a monthly
rent of Rs. …………./- (Rupees………….) only per month payable,

as hereunder.

FOLLOWS :-
49
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…………/- (Rupees…………) only per month and the rent shall be
payable, calculated and computed according to English Calendar
months.
of ………….to ……………for a period of eleven months.
3. That the second party has paid a sum of Rs. …………./-

(Rupees…………….) only as advance rent for the month May 2009
and the first party has granted receipt thereof.
4. That unless the tenancy so created is extended by a fresh tenancy

agreement the second party shall quit and vacate the schedule
premises and shall deliver vacant possession of the same to the first
party on 1st day of April 2010.


party/tenant.
9. That the second party shall be entitled to use the electric connection
already fitted and shall pay the electric charges as per the
consumption of sub-meter reading. However, the electric charges
shall not be the part of the monthly rent.
10. That the second party shall use the water as per availability supplied
through P.H.E. connection.
11. That the tenancy hereby created is for residential purpose and the
second party shall not use the same otherwise than its purpose.
12. That the tenant second party shall keep the premises neat and clean
and shall not cause any damage to the tenanted premises or the

ALL THAT…………… within the Post Office, Police Station & Sub-
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51

witnesses:
In presence of:
WITNESSES:
Drawn at my Chamber:

FOR TENANCY
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52

on this the ……..day of March 2009 B E T W E E N:
SRI URGEN LAMA S/O K.D. Lama, by nationality Indian and resident
of D.S. Gurung Road, within the Post Office, Police Station & Sub-
FIRST PARTY/LANDLORD (which expression shall unless excluded
OF THE FIRST PART.
And SRI KESHAR MOKTAN S/O Late D.S. Moktan, by nationality

Indian and resident of Tirpai Bazar, within the Post Office, Police Station
called the SECOND PARTY/TENANT (which expression shall unless
WHEREAS the first party is the owner in respect of Restaurant

comprising of one hall with attached kitchen and toilet on the first floor
of a double storied Building as held under Kalimpong Municipal Holding
No. 23, within the Municipal Ward No. II, in the Post Office, Police
Station & Sub-Division of Kalimpong in the District of Darjeeling.
52
53
AND WHEREAS the first party was desirous to letting out the tenanted
premises and on the approach made by the second party, the first party
has agreed to let out the same for a monthly rent for a period of one year
with effect from 1st April 2009 on the terms and conditions as appearing
hereinafter.

FOLLOWS :-
1. That this tenancy shall be effective from 1st day of April 2009 ending
31st day of March 2010 for a period of one year.
2. That the second party shall pay the monthly rent at the rate of Rs.
5,000/- (Rupees five thousand) only to the first party within fifteen
day of the following month and for the previous month for which the
rent falls due and the first party shall grant receipt thereof.
3. That within a period of ………………………….. the second party

shall pay a sum of Rs. 15,000/- (Rupees fifteen thousand) only as
advance rent for the month of April, May and June 2009 and the first
party granted receipt thereof.
4. That the tenancy besides the premises comprising of (1) six tables, (2)
twenty chairs and (3) one ceiling fan.
5. That the second party shall use and consume the electricity as existing
in the tenanted premises as usual till the provision for sub-meter or
the new meter is made. However, the second party shall be liable to
pay the electric charges in excess to Rs. 300/- (Rupees three hundred)
only in terms of the said meter till an alternative is made. However,
if the separate meter is install the second party shall use the same
independently.
6. That if the second party intends to continue the tenancy on expiry of

the terms of this agreement he may do so with a prior intimation to
the first party or his authorised agent and in such circumstances a
fresh agreement shall be drawn. If the second party desires to quit
and vacate the schedule premises he shall serve two months previous
notice in writing to the first party or shall pay two months monthly
rent to the first party.
7. That in the event of improvement of business or sound running of

business in future the rent shall be enhanced on mutual terms
between the parties.
8. That the second party shall be entitled to consume water as per the
availability for the supply of water for the P.H.E. Department but
besides that the second party shall be not be entitled to enforce the
first party to supply of water in addition to the P.H.E. connection.
9. That the second party shall be entitled to apply for Municipal Trade
License for running business and the first party shall grant no
objection to that effect.
10. That the second party shall be entitled to run his business of
restaurant freely and without any obstruction and interruption from
the first party or any person or persons through it.
11. That the first party deserves his right to inspect the tenanted premises
within reasonable time with prior intimation to the second party .
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12. That the second party shall not be entitled to sub let, transfer or assign
the schedule premises to any third person without written consent of
the first party .
13. That no material addition or alteration is permissible in regard to the

tenanted premises without the written consent of the first party.
14. That any investment so made by the second party into the schedule
premises shall be mutually resolved.
15. That in the event of dispute or differences between the parties in

regard to the meaning interpretation and performance of this tenancy
the dispute shall be refer to two Arbitrators, one each to be appointed
by the first party and the second party and in case of difference of
opinion between the Arbitrators, the Arbitrators shall be nominate an
Umpire and the decision of the Umpire shall be final and binding
upon the parties. And the reference to Arbitration shall be within the
meaning of Arbitration and Conciliation Act 1997.
SCHEDULE OF PREMISES
ALL THAT one hall with attached kitchen and toilet on the first floor of
a double storied Building as held under Kalimpong Municipal Holding
No. 23, within the Municipal Ward No. II, D.S. Gurung Road, in the Post
Darjeeling.
IN WITNESSES WHEREOF the parties have set their respective hands

and signatures in this Memorandum of Agreement on this the day, month
and the year first above mentioned in presence of the following
witnesses.
SIGNED, SEALED & DELIVERED
In presence of :
WITNESSES :
1.
2.
Drawn at my Chamber :

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55
FOR TENANCY

on this the ……..day of March 2009 B E T W E E N:
……………………..son of ……………, by nationality Indian and

resident…………………….., within the Post Office, Police Station &
And ………………………son of………………….., by nationality

Indian and resident of………………….., within the Post Office, Police
WHEREAS the first party is the owner in respect of a …………………

storied building as held under ………………….and situated
at…………………., within the Post Office, Police Station & Sub-
AND WHEREAS on the second party has been occupying the schedule
premises as a monthly tenant at a monthly rent of Rs.
…………………../- (Rupees………………….) only per month payable,

as hereunder.

FOLLOWS :-
………………../- (rupees…………………) only per month and the
Calendar months.
55
56
15. That the period of tenancy shall be effective with effect from
………………..to ………………..for a period of eleven months.
16. That on the date of this agreement the second party has paid a sum of
Rs. ………………../- (rupees ………………) only as advance rent
which shall be adjusted to the last month of the period of tenancy.
17. That the second party shall pay the monthly rent within 7 th. day of

party/tenant.
21. That the second party shall be entitled to use the electric connection
on his own and shall pay the electric charges as per the consumption
of meter reading. However, the electric charges shall not be the part
of the monthly rent.
the second party.
23. That no latrine facility is available to the tenant in regard to the

tenanted premises.
24. That the tenancy hereby created is for residential/commercial purpose

and the second party shall not use the same otherwise than its purpose
26. That the rent of the schedule premises shall be enhances @ 10% in
every three years from the date of this agreement.

ALL THAT ………………..on the of a …………..storied building

known as held under ………………..and situated at ……………., within
District of Darjeeling.

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witnesses:
In presence of:
WITNESSES:
1.
2.
(Pravakar Dewan) Advocate

FOR TENANCY

on this the 28th. day of February, 2009 B E T W E E N:
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SRI CHONG TSHERING LEPCHA son of late Passang Lepcha, by

nationality Indian and resident Primtam Road, within the Post Office,
And SRI RAJESH AGARWAL son of Sri Norang Agrawal, by

nationality Indian and resident of Primtam Road, within the Post Office,
WHEREAS the first party is the owner in respect of a three storied

building known as held under Kalimpong D.A. Plot No. 161 and situated
at Primtam Road, within the Post Office, Police Station & Sub-Division
of Kalimpong in the District of Darjeeling.
party has agreed to let out two rooms on the ground floor of the said
building as fully and particularly described in the schedule annexed
herein below at monthly rent of Rs. 2,500/- (Rupees two thousand five
hundred) only per month payable, computed and calculated according to

as hereunder.

FOLLOWS :-
(rupees two thousand five hundred) only per month and the rent shall
be payable, calculated and computed according to English Calendar
months.
of March 2009 to 31st. January, 2010 for a period of eleven months.
Rs. 2,500/- (rupees two thousand five hundred) only as advance rent
which shall be adjusted to the last month of the period of tenancy.
58
59
31. That the second party shall pay the monthly rent within 7 th. day of

party/tenant.
35. That the second party shall be provided a temporary electric

connection by the first party and the second party shall install his own
electric connection therein and shall pay the electric charges as per
the consumption of meter reading. However, the electric charges
shall not be the part of the monthly rent.
the second party.
37. That no latrine facility is available to the tenant in regard to the

tenanted premises.
38. That the tenancy hereby created is for commercial and the second
party shall be at liberty to carry on legally permissible business in the
said tenanted premises.

ALL THAT two rooms on the ground floor of a three storied building
known as held under Kalimpong Town Mouza L.R. Plot no. 5829
corresponding to Modified Plot No. 5767 further corresponding to old D
A Plot No. 161 and situated at Primtami Road, within the Post Office,

witnesses:
59
60
In presence of:
WITNESSES:
1.
2.

60
61
FOR TENANCY

on this the ……… day of August 2008 B E T W E E N:
SMT. NIMA DOMA BHUTIA W/O Sri Dorjee Bhutia, by nationality

Indian and resident Seed Farm, U.B.K.V., within the Post Office, Police
And MS. NICHHEN BHUTIA D/O Sri Nima Tshering Bhutia, by

nationality Indian and resident of Tirpai Bazar, within the Post Office,
Police Station & Sub-Division of Kalimpong in the hereinafter called the
or repugnant to the context be deemed to mean and include her heirs,
OF THE OTHER PART.

building as held under D.I.F. Plot No. 463 (part), within Kalimpong
Municipal Holding No. 32, and situated at Tirpai Area, within the Post
Darjeeling.
Party has agreed to let out the two rooms on the first floor as fully and
rent of Rs. 1000/- (Rupees one thousand) only per month payable,
61
62


FOLLOWS :-
(Rupees one thousand) only per month and the rent shall be payable
of August 2008 to 30th June 2009 for a period of eleven months.
43. That the second party shall pay the monthly rent within 7th day of the
following month and for the previous month for which the rent falls
due and the first party shall grant receipt thereof.
44. That the second party shall be entitled to use the common electric
connection installed in the schedule premises and she shall be liable
to be pay the 25% of the energy charges raised accordingly on the
first floor on the premises of the first party.
45. That the second party shall be entitled to use the common toilet on the
same floor but which shall not be use as private toilet by the visitors
of the second party.

48. That the second party/tenant shall keep the schedule premises neat
and clean and properly maintained and shall not do such act so as to
cause to suffer damages and loss to the first party/landlord.
49. That in the event of any damage caused by the second party/tenant to
the schedule premises the second party/tenant shall repair or renovate
the same and in default she shall be liable for the damages.
50. That the second party shall look after the schedule premises as her
own and shall take care of the same property.
51. That the second party shall keep informed the first party of any kind
of damage or anything is broken or at all events when the problem
arises.

ALL THAT two rooms on the 1st floor of a double storied building as
held under D.I.F. Plot No. 463 (part), within Kalimpong Municipal
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63
Holding No. 32, and situated at Tirpai Area, within the Post Office,

this the day, month and the year, first above mentioned and in presence of
the witnesses:
In presence of:
WITNESSES:
1.
2.
Drawn and explained by me

at my chamber;

FOR TENANCY
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64

on this the ……… day of August 2008 B E T W E E N:
SMT. NIMA DOMA BHUTIA W/O Sri Dorjee Bhutia, by nationality

Indian and resident Seed Farm, U.B.K.V., within the Post Office, Police
And MS. NICHHEN BHUTIA D/O Sri Nima Tshering Bhutia, by

nationality Indian and resident of Tirpai Bazar, within the Post Office,
OF THE OTHER PART.

building as held under D.I.F. Plot No. 463 (part), within Kalimpong
Municipal Holding No. 32, and situated at Tirpai Area, within the Post
Darjeeling.
Party has agreed to let out the two rooms on the first floor as fully and
rent of Rs. 1000/- (Rupees one thousand) only per month payable,


FOLLOWS :-
1000/- (Rupees one thousand) only per month and the rent shall be
payable calculated and computed according to English Calendar
months.
day of August 2008 to 30th June 2009 for a period of eleven months.
180. That the second party shall pay the monthly rent within 7th day of
falls due and the first party shall grant receipt thereof.
connection installed in the schedule premises and she shall be liable
to be pay the 25% of the energy charges raised accordingly on the
first floor on the premises of the first party.
182. That the second party shall be entitled to use the common toilet
on the same floor but which shall not be use as private toilet by the
visitors of the second party.
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65

186. That in the event of any damage caused by the second

party/tenant to the schedule premises the second party/tenant shall
repair or renovate the same and in default she shall be liable for the
damages.
187. That the second party shall look after the schedule premises as
her own and shall take care of the same property.
188. That the second party shall keep informed the first party of any
kind of damage or anything is broken or at all events when the
problem arises.

ALL THAT two rooms on the 1st floor of a double storied building as
held under D.I.F. Plot No. 463 (part), within Kalimpong Municipal
Holding No. 32, and situated at Tirpai Area, within the Post Office,

the witnesses:
In presence of:
WITNESSES:
65
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1.
2.

at my chamber;

FOR TENANCY

on this the ……… day of September 2007 B E T W E E N:
SRI GOPICHAND MOTHAY S/O Late Ras Chandra Mothay, by

nationality Indian and resident Fair View Compound, within the Post
66
67
And SRI PARAS DEWAN S/O Sri Ranjit Dewan, by nationality Indian
and resident of Tandrebong Busty, within the Post Office of Pedong,
OF THE OTHER PART.
WHEREAS the first party is the owner in respect of a single shop room
on the 4th floor of a four storied building facing Main Road, with wooden
doors and windows iron shutter as held under Holding No. 91, and
situated at Main Road, within Kalimpong Municipal Ward No. XII, Post
Darjeeling.
AND WHEREAS the said shop room has being lying vacant and on the
approach made by the second party the first Party has agreed to let out
the said shop room as fully and particularly described in the schedule
annexed herein below at monthly rent of Rs. 4,500/- (Rupees four
thousand five hundred) only per month payable, computed and calculated


FOLLOWS :-
4,500/- (Rupees four thousand five hundred) only per month and the
rent shall be payable calculated and computed according to English
Calendar months.
day of October 2007 to 31st August 2008 for a period of eleven
months.
192. That the second party has on this date paid a sum of Rs. 9,000/-
(Rupees nine thousand) only as advance monthly rent which shall be
adjusted against monthly rent for the month of October and
November 2007 and thereafter the second party shall pay the monthly
rent within 10th day of the following month and for the previous
month for which the rent falls due and the first party shall grant
receipt thereof.
connection installed in the schedule premises and he shall be liable to
be pay the 25% of the energy charges raised accordingly on the first
floor on the premises of the first party.
194. That the second party shall be entitled to use the common toilet
on the same floor but which shall not be use as private toilet by the
visitors of the second party.
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196. That no addition or alternation shall be caused by the members of

the second party in respect of the schedule premises at any point of
time without the written consent of the first party/landlord.

repair or renovate the same and in default he shall be liable for the
damages.
his own and shall take care of the same property.
problem arises.

ALL THAT a single shop room on the 4th floor of a four storied building
facing Main Road, with wooden doors and windows iron shutter as held
under Holding No. 91, and situated at Main Road, within Kalimpong
Municipal Ward No. XII, Post Office, Police Station & Sub-Division of

the witnesses:
In presence of:
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WITNESSES:
1.
2.

at my chamber;

FOR TENANCY

on this the ……… day of February 2007 B E T W E E N:
SRI LOPSANG BHUTIA, by nationality Indian and resident above

Kodamal Dhara, 11th Mile, within the Post Office, Police Station & Sub-
LANDLORD/FIRST PARTY (which expression shall unless excluded
OF THE FIRST PART.
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And BUDNIK (ANI TENSANG), Resident of Dahliastraat 26, B – 2060

Antwerpen/Belgium hereinafter called the TENANT/SECOND PARTY
WHEREAS the first party is the owner in respect of a single storied

house situated above Kodamal Dara, 11th. Mile, within the Post Office,
AND WHEREAS the said house has being lying vacant and on the
approach made by the second party the first Party has agreed to let out
the said house as fully and particularly described in the schedule annexed
herein below at monthly rent of Rs. 3,500/- (Rupees three thousand five
hundred) only per month payable, computed and calculated according to
English Calendar months and the rent is paid in advance yearly.


FOLLOWS :-
3,500/- (Rupees three thousand five hundred) only per month and the
rent shall be payable in advance on yearly basis and the first party
shall grant proper receipt thereof.
day of April 2007 to 31st March 2009 for a period of two years.
205. That no addition or alternation shall be caused by the members of

the second party in respect of the schedule premises at any point of
time without the written consent of the first party/landlord.

damages.
208. That on mutual terms the term of tenancy may be extended for
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her own and shall take care of the same property.
problem arises.
211. That in the absence of the second party, the second party shall be
entitled to allow her companion or other foreign friends subject to due
intimation to the first party.
212. That as and when any foreigner stays in the said premises they
shall report and register their stay before the Foreigners’ Office at
Kalimpong.

ALL THAT residential premises comprising of two bed rooms, one

dining hall cum kitchen, one bathroom with toilet as held and situated
above Koramal Dara, 11th. Mile, within the Post Office, Police Station &

hands and signatures in this memorandum of lease agreement for tenancy
on this the day, month and the year, first above mentioned and in
presence of the witnesses:
In presence of:
WITNESSES:
1.
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2.

at my chamber;

FOR TENANCY

on this the 20th day of February 2007 B E T W E E N:
SRI KALSANG DORJEE S/O Late Chiri Kazi, by nationality Indian and
resident of Sakya Niwas, 10th Mile, within the Post Office, Police Station
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And SRI TSHERING TOPDEN BHUTIA S/O Late Japyang Tshering by

nationality Indian and resident of Lhamu Khangsar, 10 th Mile, Reshi
Road, within the Post Office, Police Station & Sub-Division of
OF THE OTHER PART.
WHEREAS the first party is the owner in respect of a five storied

building known as “Sakya Building” and situated at 10th Mile, Reshe
Road, within the Post Office, Police Station & Sub-Division of
AND WHEREAS on the approach made by the second party to let out
the entire top floor of the said building on rent the first party has also
agreed to let out same to the second party in respect of the premises
comprising of two bed rooms, one drawing room, one kitchen and toilet
as fully and particularly described in the schedule annexed herein below
on rent of Rs. 3,800/- (Rupees three thousand eight hundred) only to be
payable, calculated and computed according to English calendar months
on the terms and conditions appearing hereunder.
NOW THIS MEMORANDUM OF AGREMENT WITNESSETH AS

FOLLOWS :-
(Rupees three thousand eight hundred) only per month which shall be
payable within the seventh day of every month, payable, computed
and calculated according to English Calendar months and the first
party shall grant proper receipt thereof.
of February 2007 to 31st day of December 2007 for a period of eleven
months.

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4. That no addition or alternation shall be caused by the members of the

second party in respect of the schedule premises at any point of time

the same and in default he shall be liable for the damages.
7. That the tenancy hereby created is purely for the purpose of

residential use and otherwise than such purpose, the schedule
premises shall not be used by the second party/tenant for any other
purposes.
8. That the second party shall be at liberty to use the telephone, cable
connection and shall pay its charges on his own.
9. That at all reasonable time the first party or his authorised

representative shall have the right of inspection of the schedule
premises with prior notice to the second party.
party/tenant.
11. That as and when the second party/tenant vacates the schedule
premises all the outstanding bills or payment shall be discharged by
them to the satisfaction of the first party/landlord.
the second party.
14. That the second party shall make all the minor repairs and in the
event of major repair is required in due course of time the same shall
be undertaken by the first party .
15. That the second party shall be entitled to the use of terrace commonly
with other occupiers of the building.

ALL THAT residential premises comprising of two bed rooms, one

drawing room, one kitchen and toilet on the top floor (entire top floor) of
a five storied building known as “Sakya Building” and situated at 10 th
Mile, Reshe Road, within the Post Office, Police Station & Sub-Division
of Kalimpong in the District of Darjeeling.

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In presence of:
WITNESSES:
1.
2.
Drawn and explained by me at my chamber;

FOR TENANCY

on this the 1st day of February 2007 B E T W E E N :
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SMT. RANU DEWAN W/O Sri Pravakar Dewan, by nationality Indian

and resident of Justice Biswas Riad, within the Post Office, Police Station
And SRI SUNIL MAHATO S/O Sri Ram Avtar Mahato, by nationality
Indian and resident of ………………………….. within the Post Office,
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WHEREAS the first party is the owner in respect of Shop premises being
shop No. 6 (facing Reshi Road) on the ground floor of Maa Super Market
as held under Kalimpong Town Mouza, L.R. Khatian No. 1308,
corresponding to Modified Khatian No. 1545, comprising of L.R. Plot
No. 4049 & 4051, corresponding to Modified Plot No. 4065 & 4062 and
situated at Thanadara, within the Town, Post Office, Police Station &
AND WHEREAS the said shop room is well furnished with necessary
furnitures and fixtures meant for the business purpose.
AND WHEREAS approach made by the second party the let out the said
shop premises as described in the schedule annexed herein below and the
first party has also agreed to let out the same on monthly rent in favour of
the second party on the following terms and conditions.
NOW THIS MEORANDUM OF AGREEMENT WITNESSETH AS

FOLLOWS :-
1. That the tenancy shall commence with effect from 1st day of
February 2007 to 31st January 2012 i.e. for a period of five years.
2. That the second party shall pay the monthly rent at the rate of Rs.
11,000/- (Rupees eleven thousand) only per month payable,
3. That the rent shall be payable within 7th day of the following month
and for the previous month for which the rent falls due and the first
party shall grant proper receipt thereof.
Rs. 66,000/- (Rupees sixty six thousand) only as advance rent and the
first party acknowledges the receipt of the same.
5. That the second party shall pay Rs. 6,000/- (Rupees six thousand)
only per month till the advance rent is adjusted and the second party
shall pay the full monthly rent to the first party after adjustment of
the advance rent.
6. That the second party shall be entitled to make use all the entire shop
premises and the furniture but shall not cause damage or destruction
of the same.
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7. That the second party shall be entitled to use already fitted electricity
and shall pay the electric consumption charges to the West Bengal
State Electricity Board directly and shall deliver copy of the bill and
the payment receipt to the first party.
8. That the second party shall be entitled to carry on his business at his
sweet will in which the first party or any of her man or agent shall
not obstruct in anyway.
9. That if the second party wishes to deliver possession of the schedule

premises to the first party and wishes to terminate this agreement he
shall serve one months previous notice in writing to do so or in
default he shall be liable to pay the monthly rent even if he occupies
the premises for a single day of a particular month before vacating
the premises.
10. That if the first party requires the schedule premises bonafide for her
use or for the use of her family members the second party shall quit
and vacate the said schedule premises subject to six months previous
notice in writing being serve upon the second party.
11. That when the second party vacates the schedule premises he shall
put all the furniture and fixture to order in the same position under as
it is appearing today.
12. That if the first party intends to sale and transfer the said schedule
premises she shall give first option to the second party subject to the
agreement that the second party is agreeable to pay the consideration
as offered by others.
ALL THAT one Shop room being shop No. 6 (facing Reshi Road) on the
ground floor of Maa Super Market as held under Kalimpong Town
Mouza, L.R. Khatian No. 1308, corresponding to Modified Khatian No.
1545, comprising of L.R. Plot No. 4049 & 4051, corresponding to
Modified Plot No. 4065 & 4062 and situated at Thanadara, within the
Town, Post Office, Police Station & Sub-Division of Kalimpong in the

In presence of:
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WITNESSES:
1.
2.
Drawn at my chamber;
Advocate, Kalimpong
FOR TENANCY

on this the 7th day of June 2006 B E T W E E N :
SRI MANESH KOTHARI S/O Late Navaratna Kothari, by nationality

Indian and resident of 11th Mile, within the Post Office, Police Station &
And SRI DEEPEN CHETTRI S/O Sri Bir Bahadur Chettri, by nationality
Indian and resident of 12th Mile, Echhey Busty, within the Post Office,
WHEREAS the first party is the owner in respect of a shop premises

measuring 9’ X 7’ = 63 sq. feet on the ground floor of Maa Super Market
and situated at Thanadara, within the Town, Post Office, Police Station &
Sub-Division of Kalimpong in the District of Darjeeling which is more
fully and particularly described in the schedule annexed hereinbelow.
AND WHEREAS the said schedule premises is lying vacant and on the
approach made by the second party, the first party has agreed to let out
the said shop premises in favour of the second party on temporary lease
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at a monthly rent of Rs. 2,000/- (Rupees two thousand) only per month
payable, calculated and computed according to English Calendar months.
NOW THIS MEORANDUM OF AGREEMENT WITNESSETH AS

FOLLOWS :-
1. That the tenancy shall commence with effect from 1st day of July
2006 to 31st May 2007 i.e. for a period of 11 months.
2. That the second party has on this day paid the entire rent for the
period of 11 months amounting Rs. 22,000/- (Rupees twenty two
thousand) only and the receipt of which the first party doth hereby
admits and acknowledges.
3. That unless the tenancy is further extended by a fresh tenancy

agreement the second party shall quit and vacate the schedule
premises on expiry of the term of tenancy i.e. on 1 st day of June
2007.
4. That in the event of extension of the tenancy, the tenancy shall be

deem to be a fresh tenancy.
5. That the second party shall make all electric fitting at his own cost
and expenses. However, the electric meter shall be installed by the
first party into the said schedule premises within 15th of July 2006.
6. That the second party shall be entitled to obtain the trade license and
other necessary permission for running the business in the schedule
premises and shall run his own business without any kind of
obstruction of interference from the side of the first party.
7. That during the subsistence of tenancy the first party shall not
interfere with the occupation and possession of the second party.
8. That the second party shall not be entitled to assign, transfer or sub-
let the schedule premises to any third person at any point of time.
9. That no addition of alteration of any kind shall be effected in the

schedule premises save and accept required fixtures and furnitures
required to be installed for running the business.
10. That the existing fixtures inside the schedule premises shall be
included in the schedule premises.
11. That the second party shall not cause any damage to the wall and
floors of the schedule premises and in the event of such damage he
shall cause necessary repairs up to mark before the vacant delivery of
the first party.
12. That the second party shall be entitled to make necessary white
washing or printings of the schedule premises.
ALL THAT one shop room measuring 9’ X 7’ = 63 sq. feet on the

ground floor of Maa Super Market as held under Kalimpong Town
Mouza, L.R. Khatian No. 1545, comprising of Plot Nos. 4075 & 4062,
Tauzi No. 1036 and situated at Thanadara, within the Town, Post Office,
which is butted and bounded as follows :-
On the North : By footpath;
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On the South : By Dr. Meera’s Homeopathic Clinic;
On the East : By footpath;
On the West : By strip.

In presence of:
WITNESSES:
1.
2.

FOR TENANCY

on this the 6th day of May 2006 B E T W E E N :
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SRI LALIT MOHAN PRASAD; SRI MAHAN MOHAN PRASAD sons

of late Ram Kishan Ram; PROMOD MOHAN PRASAD son of late Hari
Mohan Prasad all by nationality Indian and residents of Village Semeri,
P.O. Chatha, district Balia, Utter Pradesh and presently residing at
Motor Stand, within the Town, Post Office, Police Station & Sub-
FIRST PARTY (which expression shall unless excluded by or repugnant
to the context be deemed to mean and include their heirs, successors,
legal representatives, administrators, executors and assigns) OF THE
FIRST PART.
And SRI SATANJI PRASAD son of late Ramlal Prasad, by nationality

Indian and resident of Tista Bazar, within the post office of Tista, in the
police station and sub division of Kalimpong in the District of Darjeeling
hereinafter called the SECOND PARTY (which expression shall unless
WHEREAS the first party is the owner in respect of a vacant plot of land
has held under Tista DIF Plot No. 172, Khasra Khatian no. 202
measuring more or less 40’ X 34’ and situated at Tista Bazar, within the
post office of Tista, police station & sub division of Kalimpong in the
District of Darjeeling which is more fully and particularly described in
the schedule annexed herein below..
AND WHEREAS the said schedule land is lying vacant for quite some
time and the members of the first party are not in a position to look after
the same personally as most of the time they stay at Balia, Utter Pradesh
and on such circumstances, the second party approached the members of
the first party to allow him to put up a construction thereon and run a
shop therein and on such approach the members of the first party have
also agreed to the proposal and granted their consent on the terms and
conditions as appearing hereinafter:

FOLLOWS :-
1. That it is hereby agreed between the parties that the second party
shall construct a house on the said schedule land on his own cost and
expenses. The said construction shall be as follows:
(i) it shall be a single storied house

(i) concrete pillars and beams upto the road level.
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(ii) wooden floor over the concrete beam

(iii) wooden partition with G.C.I. Sheet roof with proper windows
2. That the second party shall construct the house on the entire land and
shall make provision for four shop rooms and four rear rooms.
3. That the second party shall be entitled to induct tenants on the

remaining parts of the said house and shall also realise rents from
them.
4. That the second party shall keep proper book of account supported
by proper vouchers in respect of the construction costs. The
members of the first party shall have right of inspection of the book
of account time to time.
5. That after the construction of the said house, the second party shall
be inducted as a monthly tenant in one of the shop rooms and a rear
room falling just on the back of the said shop room proposed to be let
out to him and the second party shall be under obligation to pay a
monthly rent at the prevailling market rate from the date of induction
or to be mutually agreed upon.
6. That the second party shall also be at liberty to retain all the four
shop rooms and all the rear rooms as monthly tenant.
7. That if the second party does not want to keep all the rooms he shall
let out the same to other third party on reasonable monthly rent
prevailing in the locality and shall realise the house rent. However,
the rent receipts shall be signed on behalf of the members of the first
party.
8. That the cost of construction shall be adjusted against the rent shall
be adjusted against the house rent to be paid by the second party and
also the amount rent collected by the second party from other tenants
of the said house.
9. That after adjusting the entire cost of construction, the second party
shall pay a monthly rent to the first party or their authorised
representative.
10. That the members of the first party or their authorised representatives
may at any reasonable time inspect the construction and also shall
have the right of entry for inspection of the tenanted premises before
or after the induction of the tenants thereon.
11. That the members of first party hereby by this agreement authorise
the second party to do all necessary acts, deeds and things for
construction of the house, appear and act before the Authorities of
D.I.Fund or Land reforms Department or any Government or Semi
Government Authorities. Submit complain or representations for any
matter relating the schedule property.
12. That the second party shall properly look after the schedule property
and shall take all steps against encroachment or any kind of illegal
act thereon.
13. That the second party shall keep the members of the first party or
their representatives informed about the development undertaking on
the schedule property time to time.
14. That the members of the first party hereby declare that no other
person or persons claiming through the members of the first party
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shall stand on the way of the second party in regard to the

construction of the house and its management of the schedule
property.
15. That in default of any of the terms of this agreement the aggrieved
party may seek redress before the Court of competent jurisdiction.
ALL THAT vacant land measuring 40 feet X 34 feet as held under Tista
D.I.Fund Plot No. 172 corresponding toe Khasra Khatian no. 202 and
situated at Tista Bazar, within the post office of Tista, within the police
station and sub division of Kalimpong in the district of Darjeeling which
is butted and bounded as follows:
On the North: by the house of Maj. Saheb

On the South: by culvert
On the East: by vacant land towards river Tista
On the West: Road to Darjeeling

In presence of:
WITNESSES:
1.
2.

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FOR TENANCY

on this the 24th day of January 2006 B E T W E E N :
SRI OM PRAKASH PHALSWAL S/O Sri Kamal Singh, by nationality

Indian and resident of Rawta, Thana Jafarpur, New Delhi – 110073 and
presently residing at East Main Road, within the Post Office, Police
And SMT. KALPANA GURUNG W/O Sri Basant Gurung, by

nationality Indian and resident of Govt. Cinchona Plantation, Rangli,
Ranglihat in the District of Darjeeling hereinafter called the
OF THE OTHER PART.
WHEREAS the first party is the owner in respect of a single storied

house made of brick with G.C.I. Sheet roof, as held under Municipal
Holding No. 390(new) and situated at East Main Road, House No. 59,
Municipal Ward No. XV, within the Post Office, Police Station & Sub-
AND WHEREAS on the approach made by the second party to let out a
part of the said premises on rent the first party has also agreed to let out a
portion of the said house to the second party comprising of three rooms
with extra kitchen as fully and particularly described in the schedule
annexed herein below on annual rent of Rs. 7,000/- (Rupees seven
thousand) only to be payable, calculated and computed according to
English calendar months.

FOLLOWS :-
(Rupees seven thousand) only per year payable accordingly on the
date of this agreement the second party has paid a sum of Rs. 5,250/-
(Rupees five thousand two hundred fifty) only as advance rent in
respect of the schedule premises the receipt of which the first party
doth hereby admits and acknowledges. And the balance amount of
rent shall be paid during the end of the term of tenancy.
of February 2006 to 31st day of December 2006 for a period of eleven
months.
19. That before the expiration of the term of tenancy the parties on
mutual terms may be at liberty to extent term of tenancy for the
further period.
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and clean and properly maintain and shall not do such act so as to
cause suffer damages and loss to the first party/landlord.
premises shall not be used by the second party/tenant for any other
purposes.
25. That the second party shall be at liberty to install her own telephone,
cable connection
26. That at all reasonable time the first party or his authorised
representative shall have the right of inspection of the schedule
premises with prior notice to the second party.
party/tenant.
28. That as and when the second party/tenant vacates the schedule
premises all the outstanding bills or payment shall be discharged by
him to the satisfaction of the first party/landlord.
29. That the so long the first party remains out of station the second party
shall pay the electric bill to the Electricity Board directly.
30. That as and when the first party accommodate himself in the portion
of the house the electric bill shall be share equally by the party.
31. That the second party shall be at liberty to use water connection as
usual from the water connection available by the first party.
32. That the second party shall make all the minor repairs and in the
event of major repairs require due course of time shall be undertake
by the first party .

34. That the tenancy may be extended for further period by a separate
agreement as may be agreed upon by the parties and subject to such
terms and conditions as the party may determine by the parties but for
all purposes the extended tenancy shall be deemed to be a fresh
tenancy.
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35. That if the tenant does not wish to extend the tenancy, she shall quit
and vacate the schedule property.
ALL THAT residential premises comprising of three rooms with extra

kitchen with extra bathroom and toilet and corridor and as held under
Municipal Holding No. 390(new) in respect of a single storied house
made of brick with G.C.I. Sheet roof, as and situated at East Main Road,
House No. 59, Municipal Ward No. XV, within the Post Office, Police
Station & Sub-Division of Kalimpong in the District of Darjeeling.

In presence of:
WITNESSES:
1.
2.

MEMORANDUM OF TENANCY
LEASE AGREEMENT
THIS MEMORANDUM OF TENANCY LEASE

AGREEMENT FOR TENANCY is made on this the 8TH. day
of August 2005 B E T W E E N :
SMT. GEETA CHETTRI W/O, by faith

Hindu, by occupation housewife, by nationality Indian and a
resident of Development Area, within the Post Office, Police
Station & Sub-Division of Kalimpong in the District of
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Darjeeling hereinafter called the LANDLADY/FIRST PARTY

OF THE FIRST PART.
And SRI SURESH SINGH S/O Sri Mani Kumar Singh, by

faith Hindu, by occupation business, by nationality Indian and
a resident of Relli Road, within the Post Office, Police Station
& Sub-Division of Kalimpong in the District of Darjeeling
hereinafter called the TENANT/SECOND PARTY (which
expression shall unless excluded by or repugnant to the context
be deemed to mean and include his heirs, successors, legal
representatives, administrators, executors and assigns) OF
THE OTHER PART.
WHEREAS the first party/landlady is the owner in possession

in respect of a shop room as fully and particularly described in
the schedule annexed herein below and situated near Novelty
Cinema Hall, Reshe Road, within the Post Office, Police
Darjeeling.
AND WHEREAS on the approach made by the second

party/tenant to the first party/landlady, the first party/landlady
has agreed to let out the schedule premises temporarily to the
second party/tenant and the second party/tenant has also
agreed to use the scheduled premises on the following terms
and conditions.
AND WHEREAS in order to avoid any future

misunderstanding as to the terms of tenancy the parties herein
and with the consent of the second party have agreed to draw
this agreement for tenancy.
NOW THIS MEMORANDUM OF AGREEMENT

WITNESSETH AS FOLLOWS :-
36. That the second party hereby declares and confirms that he
has his full consent for drawing this memorandum of
tenancy lease agreement.
37. That the tenancy so created shall be for a period of five

years with effect from the date of this agreement, ie, the 8 th.
day of August, 2005 ending 31st. July, 2010.
38. That the second party/tenant shall pay a monthly rent at a

rate of Rs. 1500/- (Rupees fifteen hundred) only per month
to the first party/landlady calculated, payable and computed
according to English Calendar months and the rent shall be
payable in advance and the first party/landlady shall grant
proper receipt thereof.
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39. That the second party has on this day paid a sum of Rs.
18,000/- (rupees eighteen thousand) only as advance rent
for the first year ending 31st, July, 2006 and the first party
has granted receipt thereof.
40. That the second party shall pay another equal sum as
advance rent for one year within the month of January 2006
and the first party shall grant proper receipt thereof.
41. That the second party shall pay the monthly rent @ Rs.
1600/- (rupees sixteen hundred) only wef 1st. August 2007
for the remaining term of lease and the first party shall
grant proper receipt thereof.
42. That on expiry of the period of term of tenancy, as agreed

upon, the second party/tenant shall quit and vacate the
schedule premises and shall deliver vacant possession
thereof to the first party/landlady or to her authorised
representative without fail.
43. That the schedule premises is without electric connection

and the second party/tenant shall be at liberty to install
electricity in the schedule premises and use the same at the
cost and expenses of the second party and the second party
shall not be entitled to claim the reimbursement for the
same.
44. That the second party/tenant shall not be entitled to transfer,

sub-let or assign any part of the schedule premises to any
third person without the written consent of the first
party/landlady.
45. That no addition or alternation shall be caused by the

second party in respect of the schedule premises at any
point of time without the written consent of the first
party/landlady.
46. That the second party/tenant shall keep the schedule

premises neat and clean and properly maintain and shall not
do such act so as to cause suffer damages and loss to the
first party/landlady.

party/tenant to the schedule premises the second
party/tenant shall repair or renovate the same and in default
he shall be liable for the damages.
commercial use and otherwise than such purpose, the
schedule premises shall not be used by the second
party/tenant for any other purposes.
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49. That the second party shall be at liberty to install his own
telephone, cable connection
50. That at all reasonable time the first party or her authorised
representative shall have the right of inspection of the
schedule premises with prior notice to the second party.
51. That during the subsistence of the tenancy the first party or
any person or persons shall not obstruct or stand on the way
of lawful and peaceful occupation of the schedule premises
by the second party/tenant.
52. That as and when the second party/tenant vacates the

schedule premises all the outstanding bills or payment shall
be discharged by him to the satisfaction of the first
party/landlady.
53. That in the event of breach of the term of this agreement the
first party/landlady reserves the right to terminate the
tenancy by a 30 days previous notice in writing and on such
termination the second party/tenant shall quit and vacate the
schedule premises at once clearing the house rent and other
bills.

thereto.
55. That the tenancy may be extended for further period by a

separate agreement as may be agreed upon by the parties
and subject to such terms and conditions as the party may
determine by the parties but for all purposes the extended
tenancy shall be deemed to be a fresh tenancy.
56. That the second party shall be entitled to install iron grill or
shutter in the said schedule premises at his own cost and
expenses but shall not claim any reimbursement of the
same from the first party nor the cost incurred by the
second party shall be adjusted against the rent.
57. That the second party shall be entitled to arrange the

schedule premises to suit his business but without affecting
the first party.
58. That during the subsistence of lease period the first party
shall not demand delivery of possession of the schedule
premises from the second party but in any event if the first
party compels the second party to vacate the schedule
premises she shall return all the expenses met by the second
party for the renovation and repairs of the premises.
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59. That if the second party voluntarily quits and vacates the
schedule premises on his own he shall not be entitled to
remove the iron grill or shutter or other materials used for
renovation of the schedule premises.
60. That the Municipal Holding rent shall be paid by the first
party while the trade license fee shall be paid by the second
party.
61. That the first party shall immediately grant no objection

certificate for the installation of telephone, electric
connection, trade license etc to make the second party
possible to get all such connections and license.
IN WITNESSES WHEREOF the parties have herein set their

respective hands and signatures in this memorandum of lease
agreement for tenancy on this the day, month and the year,
first above mentioned and in presence of the witnesses:
In presence of:
WITNESSES:
1.
2.
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Drawn and explained my be at my chamber;

ALL THAT four rooms together with kitchen and a bathroom

(attached toilet) within the three storied pucca RCC building
on the first floor on the South west side of the building held
under Khatian No. 593, comprising of Plot No. 2162, CB Plot
No. 2518, situated below Munal Lodge, Alaichikhop, Malli
Road, Bhalukhop Khasmahal Mouza, within the Post Office,
Darjeeling.
IN WITNESSES WHEREOF the parties have set their

respective hands and signatures in this Memorandum of
Agreement on this the day, month and the year first above
mentioned in presence of the following witnesses.
In presence of :
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WITNESSES :
1.
2.
(P.Dewan)Advocate,
FOR TENANCY
THIS MEMORANDUM OF AGREEMENT FOR TENANCY

is made on this the …….. day of July 2005 B E T W E E N :
MISS ANIS FATIMA D/O Sri S. Alimuddin, by faith Islam,

by occupation service, by nationality Inidan and a resident of
Alaichikhop, Malli Road, within the Post Office, Police
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Darjeeling hereinafter called the LANDLADY/FIRST PARTY

OF THE FIRST PART.
And SRI DIPAK KUMAR MONDAL S/O Sri H.C. Mondal,

by faith Hindu, by occupation service, by nationality Indian
and a resident of Alaichikhop, Malli Road, within the Post
Office, Police Station & Sub-Division of Kalimpong in the
District of Darjeeling hereinafter called the
TENANT/SECOND PARTY (which expression shall unless
excluded by or repugnant to the context be deemed to mean
and include his heirs, successors, legal representatives,
administrators, executors and assigns) OF THE OTHER
PART.
WHEREAS the first party/landlady is the absolute owner in

possession of all that three storied pucca RCC Structure
standing thereon L.R. Khatian No. 593, comprising of L.R.
Plot No. 2162, CB Plot No. 2518, within Bhalukhop
Khasmahal Mouza, within the Post Office, Police Station &
AND WHEREAS on the approach made by the second

party/tenant to the first party/landlady, and the first
party/landlady has agreed to temporarily let the schedule
premises to the second party/tenant and the second party/tenant
has also agreed to use the scheduled premises on the following
terms and conditions.

62. That the tenancy so created shall be for a period of eleven

months and the commences with effect from the 15 th. day
of July 2005 ending 31st. May, 2006.
63. That the second party/tenant shall pay a monthly rent at a

rate of Rs. 3,000/- (Rupees three thousand) only per month
to the first party/landlady calculated, payable and computed
according to English Calendar months and the rent shall be
payable in advance and the rent shall be computed,
calculated and payable according to English Calendar
months and the first party/landlady shall grant proper
receipt thereof.
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64. That on expiry of the period of term of tenancy, as agreed

upon, the second party/tenant shall quit and vacate the
schedule premises and shall deliver vacant possession
thereof to the first party/landlady or to her authorised
representative without fail.
65. That the second party/tenant shall use already fitted

electricity within the schedule premises and shall pay the
electric charges as consumed by him.
66. That the second party/tenant shall not be entitled to transfer,

sub-let or assign any part of the schedule premises to any
third person without the written consent of the first
party/landlady.

party/landlady.

premises neat and clean and properly maintain and shall not
do such act so as to cause suffer damages and loss to the
first party/landlady.

residential use and otherwise than such purpose, the
schedule premises shall not be used by the second
party/tenant for any other purposes.
telephone, cable connection.
11.
12
72. That at all reasonable time the first party or her authorised
representative shall have the right of inspection of the
schedule premises with prior notice to the second party.
73. That during the subsistence of the tenancy the first party or
any person or persons shall not obstruct or stand on the way
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of lawful and peaceful occupation of the schedule premises

by the second party/tenant.
74. That as and when the second party/tenant vacates the

schedule premises all the outstanding bills or payment shall
be discharged by him to the satisfaction of the first
party/landlady.
75. That in the event of breach of the term of this agreement the
first party/landlady reserves the right to terminate the
termination the second party/tenant shall quit and vacate the
schedule premises at once clearing the house rent and other
bills.

thereto.
77. That the tenancy may be extended for further period by a

separate agreement as may be agreed upon by the parties
and subject to such terms and conditions as the party may
determine by the parties but for all purposes the extended
tenancy shall be deemed to be a fresh tenancy.
ALL THAT four rooms together with kitchen and a bathroom

(attached toilet) within the three storied pucca RCC building
on the first floor on the South west side of the building held
under Khatian No. 593, comprising of Plot No. 2162, CB Plot
No. 2518, situated below Munal Lodge, Alaichikhop, Malli
Road, Bhalukhop Khasmahal Mouza, within the Post Office,
Darjeeling.
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In presence of :
WITNESSES :
1.
2.
(P.Dewan)Advocate,
FOR TENANCY
on this the 16th. day of July 2005 B E T W E E N :
SRI PREM KUMAR CHETTRI S/O Late Capt. K.B.chettri, by

nationality Indian and resident of “Pranati”, Justice Biswas Road, within
the Post Office, Police station & Sub-Division of Kalimpong in the
District of Darjeeling hereinafter called the LANDLORD/FIRST PARTY
administrators, executors and assigns) duly represented by his authorised
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representative Sri Raj Kumar Chettri son of late Capt. K.B. Chettri
resident of “Pranati”, Justice Biswas Road, within the Post Office, Police
station & Sub-Division of Kalimpong in the District of Darjeeling, OF
THE FIRST PART.
And MISS ARLEND J. KAY daughter of Kantrowitz Kay, by nationality

American and resident MB 204, 1532 US 41 Bypass, Venice, Frorids-
34293, USA, hereinafter called the TENANT/SECOND PARTY (which
WHEREAS the first party/landlord is the absolute owner in respect of a

double storied building as held under Development Area Building Plot
No. S/119, Holding No. 107 and situated at Justice Biswas Road, within
AND WHEREAS the second party approached the first party to let out
the premises as fully and particularly described in the schedule annexed
herein below and on such approach the fist party has also agreed to let
out the same on the terms and conditionas as appearing hereinafter:
NOW THIS MEMORANDUM OF AGREEMENT WITNESSETH

AS FOLLOWS :-
78. That the tenancy so created shall be for a period of eleven months and
the commences with effect from the 17th. day of July 2005 and for a
period of 11 months, ending 31st May 2006.
79. That the second party/tenant shall pay a monthly rent at a rate of Rs.
3,000/- (Rupees three thousand) only per month to the first
party/vendor calculated, payable and computed according to English
Calendar months and the rent shall be payable in advance and the rent
shall be computed, calculated and payable according to English
Calendar months and the first party/vendor shall grant proper receipt
thereof.
80. That on expiry of the period of 11 months, ie, 31 st. May, 2006, as
agreed upon, the second party/tenant shall quit and vacate the
schedule premises and shall deliver vacant possession thereof to the
first party or to his authorised representative without fail.
81. That the second party/tenant shall use already fitted electricity within
the schedule premises and shall pay the electric charges as consumed
by him.
without the written consent of the first party/landlady.

written consent of the first party/vendor.
cause suffer damages and loss to the first party/vendor.
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premises shall not be used by the second party for any other purposes.
87. That the second party shall be at liberty to install his own telephone,
cable connection.
person or persons shall not obstruct or stand on the way of peaceful
occupation of the schedule premises by the second party.
89. That as and when the second party vacates the schedule premises all
the outstanding bills or payment shall be discharged by her to the
satisfaction of the first party.
90. That in the event of breach of the term of this agreement the first
party/vendor reserves the right to terminate the tenancy by a 30 days
previous notice in writing and on such termination the second party
shall quit and vacate the schedule premises at once clearing the house
rent and other bills..

tenancy.
ALL THAT two rooms with iron shutters used a shop room on the
ground floor of a double storied building as held under Development
Area Building Plot No. S/119, Holding No.107 and situated at Justice
Biswas Road, within the Post Office, Police Station & Sub-Division of
Kalimpong in the District of Darjeeling together with fixtures thereon.

witnesses.
In presence of :
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WITNESSES :
1.
2.
Advocate,
FOR TENANCY
on this the ……….. Day of June 2005 B E T W E E N :
SRI SITARAM KAFLEY S/O Late Ramchandra Kafley, by nationality

Indian and resident of East Main Road, within the Post Office, Police
station & Sub-Division of Kalimpong in the District of Darjeeling
And SRI GOPI KRISHNA SHARMA (DHUNGAL), s/o

_________________by nationality Indian and resident near Barsana
School, Ringkingpong Road, within the Post Office, Police Station &
WHEREAS the first party/Vendor is the absolute owner in respect of a

double storied building as held under Holding No. 232 as held under
Development Area Building Plot No. A/240, Kalimpong town Mouza,
and situated at East Main Road, within the Post Office, Police Station &
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101
AND WHEREAS the second party is a monthly tenant in respect of two

rooms on the ground floor of the said building as fully and particularly
described in the schedule annexed herein below for the last few months.
AND WHEREAS as in order to avoid the future misunderstanding and to

set the terms and conditions of the tenancy the parties have agreed and
consented to enter into this tenancy agreement on the terms and condition
as appearing hereinafter.

AS FOLLOWS :-
93. That the tenancy shall commences with effect from the 1st day of July
2005 and for a period of 11 months i.e. ending 31st May 2006.
94. That the second party/tenant shall pay a monthly rent at a rate of Rs.
3,000/- (Rupees three thousand) only per month to the first
party/vendor calculated, payable and computed according to English
Calendar months and the rent shall be payable in advance and the rent
shall be computed, calculated and payable according to English
Calendar months and the first party/vendor shall grant proper receipt
thereof.
95. That on expiry of the period of 11 months, ie, 30 th. May, 2006, as
agreed upon the second party/tenant shall quit and vacate the
first party or to his authorised representative without fail.
96. That the second party/tenant shall use already fitted electricity within
the schedule premises and shall pay the electric charges as consumed
by him.

written consent of the first party/vendor.
cause suffer damages and loss to the first party/vendor.

damages.
running business and otherwise than such business the schedule
premises shall not be used by the second party for any other purposes.
102. That the first party shall grant a proper no objection certificate for
the grant of Trade License from the Kalimpong Municipality to the
second party.
telephone connection.
101
102
105. That as and when the second party vacates the schedule premises
all the outstanding bills or payment shall be discharged by him to the
party/vendor reserves the right to terminate the tenancy by a 30 days
previous notice in writing and on such termination the second party
shall quit and vacate the schedule premises at once.

tenancy.
ALL THAT two rooms with iron shutters used a shop room on the
ground floor of a double storied building as held under Development
Area Building Plot No. A/240, Kalimpong town Mouza, and situated at
East Main Road, within the Post Office, Police Station & Sub-Division of
Kalimpong in the District of Darjeeling together with fixtures thereon.

witnesses.
In presence of :
WITNESSES :
1.
2.
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Advocate,
FOR TENANCY
THIS MEMORANDUM OF AGREEMENT FOR TENANCY

is made on this the 26th. Day of May 2005 B E T W E E N :
MS. CHANJU DOMA BHUTIA D/O Nima Tshering Bhutia,

by nationality Indian and resident of 15th Mile, Upper
Dalapchand, within the Post Office, Police station & Sub-
Division of Kalimpong in the District of Darjeeling hereinafter
called the LANDLORD/FIRST PARTY (which expression
shall unless excluded by or repugnant to the context be deemed
to mean and include her heirs, successors, legal
THE FIRST PART.
And MR. SHAH NAWAZ KHAN S/O Abdul Latif Khan, by

nationality Indian and resident of Goskhan (Ansha), Stater
House, Harizen Path, within the Post Office, Police Station &
Sub-Division of Kalimpong in the District of Darjeeling
hereinafter called the TENANT/SECOND PARTY (which
expression shall unless excluded by or repugnant to the context
be deemed to mean and include his heirs, successors, legal
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THE OTHER PART.
WHEREAS the first party/Landlady is the absolute owner in

respect of a One Shop room bearing No. 17, measuring 8’ X 5’
= 40 sq. feet on the first floor of Maa Super Market, as held
under Kalimpong Town Mouza, L.R. Plot Nos. 4049 & 4046,
L.R. Khatian No. 1308 and situated at Thanadara, within the
Post Office, Police Station & Sub-Division of Kalimpong in
AND WHEREAS second party /tenant approached the first

party to let out the said Shop No. 17 on the 1 st floor of Maa
Super Market, Thanadara, Kalimpong and the first party has
also agreed to let
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out the same which has been fully mentioned in the schedule
annexed herein below.
AND WHEREAS as proposed by the first party/landlady the

second party/tenant has also out of his free will has agreed and
consented to enter into this tenancy agreement on the terms
and condition as appearing hereinafter.

109. That the tenancy shall commence with effect from the 1st
day of June 2005 and for a period of five years i.e. ending
31st May 2010.
110. That the second party/tenant shall pay a monthly rent at

a rate of Rs. 1300/- (Rupees thirteen hundred) only per
month for a period of three years. The rent shall be payable
within seventh day of each month in advance calculated,
payable and computed according to English calendar
months and the first party shall grant a proper rent receipt
thereof.
111. That after the expiry of a period of three years i.e. 31 st

May 2008 and on and from 1st day of June 2008 rent will be
payable at the rate of Rs. 1500/- (Rupees fifteen hundred)
per month for further two years to the first party/landlady.
112. That on expiry of the period of five years, i.e, 31 st May,

2010, as agreed upon the second party/tenant shall quit and
vacate the schedule premises and shall deliver vacant
possession thereof to the first party/landlady and to her
satisfaction.
113. That the first party shall put up the electric connection
within the schedule premises but all the electric charges
consumption shall be paid by the second party directly to
the West Bengal State Electricity Board, Kalimpong and a
copy of payment receipt shall be made available to the first
party.
114. That the second party/tenant shall not be entitled to

transfer, sub-let or assign any part of the schedule premises
to any third person without the written consent of the first
party/landlady.
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party/landlady.

premises neat and clean and properly maintained and shall
not do such act so as to cause suffer damages and loss to
the first party/landlady.

118. That the second party shall be at liberty to install his

own telephone connection.
119. That during the subsistence of the tenancy the first party
or any person or persons shall not obstruct or stand on the
way of peaceful occupation of the schedule premises by the
second party.
120. That as and when the second party vacates the schedule
premises all the outstanding bills or payments shall be
discharged by him to the satisfaction of the first party.
121. That if the second party fails to quit and vacate the
schedule premises on expiry of the term of this tenancy
created hereof he shall pay damages at the rate of Rs.
4000/- (Rupees four thousand) only per month till he is
evicted by the decree of the competent court of law.
122. That in the event of breach of the term of this agreement

the first party/landlady reserves the right to terminate the
termination the second party shall quit and vacate the
schedule premises at once.

thereto.
124. That at the option of the first party the tenancy may be
extended for further period as may be agreed upon by the
parties and subject to such terms and conditions as the party
may determine but for all purposes the extended tenancy
shall be deemed to be a fresh tenancy.
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ALL THAT One Shop room bearing No. 17, measuring 8’ X

5’ = 40 sq. feet on the first floor of Maa Super Market, as held
under Kalimpong Town Mouza, L.R. Plot Nos. 4049 & 4046,
L.R. Khatian No. 1308 and situated at Thanadara, within the
Post Office, Police Station & Sub-Division of Kalimpong in

In presence of :
WITNESSES :
1.
2.
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FOR TENANCY
on this the 24th. Day of June 2004 B E T W E E N :
SMT. TARA PURAN KHATI W/O Sri Puran Khati, by nationality

Indian and resident of Ringkingpong Road, within the Post Office, Police
station & Sub-Division of Kalimpong in the District of Darjeeling
And MR. SWAPAN BISWAS S/O B.K.Biswas, by nationality Indian

and resident of Justice Biswas Road, 9th Mile, within the Post Office,
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WHEREAS the first party/Landlady is the absolute owner in respect of a

double storied building as held under Development Area Building Plot
No. 111 corresponding to Kalimpong town Mouza, L.R. Khatian No.
4454, comprising of L.R. Plot No. 6202 and situated at Ringkingpong
Road, within the Kalimpong Municipal Ward No. 23, within the Post
Darjeeling.
AND WHEREAS the 1st floor of the said Building has been lying vacant
and on such circumstances the second party /tenant approached the first
party to let out the said 1st floor and the first party has also agreed to let
out the said entire 1st floor particularls of which has been fully mentioned
in the schedule annexed herein below.
AND WHEREAS as proposed by the first party/landlady the second

party/tenant has also out of his free will has agreed and consented to enter
into this tenancy agreement on the terms and condition as appearing
hereinafter.

AS FOLLOWS :-
125. That the tenancy shall commences with effect from the 1 st day of
July 2004 and for a period of 11 months i.e. ending 31st May 2005.
126. That the second party/tenant shall pay a monthly rent at a rate of
Rs. 6,000/- (Rupees six thousand) only per month to the first
party/landlady calculated, payable and computed according to
English Calendar months and the rent shall be paid in advance and
the first party/landlady shall grant proper receipt thereof.
127. That on expiry of the period of 11 months, ie, 30 th. May, 2005, as
agreed upon the second party/tenant shall quit and vacate the
first party/landlady and to her satisfaction.
128. That the second party/tenant shall use already fitted electricity
within the schedule premises and shall be at liberty to use one geezer,
refrigerator and electric iron but other electric appliances shall not be
used by the second party/tenant. The electric charges shall be
included in the monthly rent.
129. That the second party/tenant shall be entitled to drinking water as

available in the schedule premises. However, the second party/tenant
shall not be entitled to claim for supply of water as a matter of right.

cause suffer damages and loss to the first party/landlady.
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damages.
residence and otherwise than residence the schedule premises shall
not be used by the second party for any other purposes.
telephone connection.
137. That as and when the second party vacates the schedule premises
all the outstanding bills or payment shall be discharged by him to the
party/landlady reserves the right to terminate the tenancy by a 30
days previous notice in writing and on such termination the second
party shall quit and vacate the schedule premises at once.

140. That the tenancy may be extended for further period as may be
agreed upon by the parties and subject to such terms and conditions
as the party may determined by the parties but for all purposes the
extended tenancy shall be deemed to be a fresh tenancy.
ALL THAT entire 1st floor comprising of three Bedrooms (one attached
with bath and toilet) ; one Kitchen ; one Hall (with attached bath and
toilet) open Veranda on the 1st floor of a double storied building as held
under Development Area Building Plot No. 111, corresponding to
Kalimpong town Mouza, L.R. Khatian No. 4454, comprising of L.R. Plot
No. 6202 and situated at Ringkingpong Road, within the Kalimpong
Municipal Ward No. 23, within the Post Office, Police Station & Sub-

witnesses.
In presence of :
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WITNESSES :
1.
2.

MEMORANDUM OF
AGREEMENT FOR TENANCY
THIS MEMORANDUM OF AGREEMENT is made on this the 7th. of

June 2004.
BETWEEN
SRI PRAKASH RAI son of late Harka Bahadur Rai by nationality Indian and resident of
Topkhana, within the Post Office, Police Station and Sub-Division of Kalimpong in the District
of Darjeeling herein after called the FIRST PARTY/LANDLORD (which expression shall unless
excluded by or repugnant to the context be deemed to mean and include his heirs, successors,
legal representatives, administers, executors and assigns) OF THE FIRST PART.
And DR. SASHI BHUSAN RAI son of late K.P.Rai by nationality Indian and resident of
Kalimpong Town, within the Post Office, Police Station and Sub-Division of Kalimpong in the
District of Darjeeling herein after called the SECOND PARTY/TENANT (which expression
shall unless excluded by or repugnant to the context be deemed to mean and include his heirs,
successors, legal representatives, administrators, executors and assigns) OF THE SECOND
PART.
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WHEREAS the first party is the owner in respect of a four storied building as held under DIF
Plot No. __________ and situated at Topkhana, within the Post Office, Police Station and Sub-
AND WHEREAS the second party approached the first party to let out a portion of the said
building for a period of eleven months and on such approach the first party has also agreed to let
out a portion of the said building as fully and particularly described in the schedule annexed
herein below for a period of eleven months with effect and on such verbal agreement the first
party has also delivered the possession of the same to the first party with effect from 1 st. day of
June, 2004.
AND WHEREAS in order to avoid the future misunderstanding the parties have decided and
consented to inter into this written agreement on the terms and conditions as appearing
hereinafter.
NOW THIS MEMORANDUM OF AGREEMENT WITNESSETH AS FOLLOWS
1. That the term of tenancy shall commence with effect from 1 st day of June 2004 for a period
of eleven months ending on 30th April 2005.
2. That the second party shall pay a sum of Rs. 5000/- (Rupees five thousand three hundred)
only as monthly rent for the use and occupation of the said premises as fully and particularly
described in the schedule hereinafter, computed and calculated according to English Calendar
Months.
3. That the rent shall be payable within the 1st week of every month in advance and the first
party or his authorized agent shall grant proper receipt thereof.
4. That unless the term of the tenancy is extended by fresh agreement or on fresh terms, the
second party shall quit and vacate the scheduled premises on the expiry of this agreement.
5. That the schedule premises has been fitted with electricity and the second party is entitled to
use the electricity from the said connection and shall be required to pay the electric charges
as per the sub-meter reading installed for the said premises.
6. That the schedule premises has been fitted with drinking water connection and shall be
entitled to use the said water. However, in times of crisis, the second party shall not be
entitled to claim the supply of water at any point of time.
7. That the second party shall not sub-let, assign or transfer the schedule premises to any third
person without the written consent of the first party.
8. That no addition or alternation shall be caused by the second party in respect of the schedule
premises at any point of time without the written consent of the first party.
9. That the tenancy hereby created is purely for the purpose of residence and otherwise than
residence the schedule premises shall not be used by the second party for any other purposes.
10. That in the event of breach of the term of this agreement the first party reserves the right to
terminate the tenancy by a 30 days previous notice in writing and on such termination the
second party shall quit and vacate the schedule premises at once.
11. That in case of dispute or differences in respect of the tenancy the aggrieved party shall be
entitled to seek redress before the competent Court of Law and the defaulting party shall be
liable for the damages and the incidental costs thereto.
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12. That the tenancy may be extended for further period as may be agreed
upon by the parties and subject to such terms and conditions as the party may determine and
subject to enhancement of monthly rent.
13. That the first party received Rs. 15,000/- (Rupees fifteen thousand) only as an advance rent
amount by the second party on 1.6.2004 which is to adjusted with the monthly rent towards
the end of the agreement.
ALL THAT three bed rooms, one kitchen, one attached toilet cum bath room on the
_______floor of a four storied building as held under DIF Plot No. ___________ and
situated at Topkhana, within the block Post Office of Topkhana, Police Station and Sub-
division of Kalimpong in the District of Darjeeling.
IN WITNESSES WHEREOF the parties have set respective hands and signature in this
Memorandum of Agreement on this the day, month and the year first above mentioned in
presence of the following witnesses.
In presence of:
WITNESSES:
1.
2.
Drafted and drawn at my Chamber:
Pravakar Dewan, Advocate

MEMORANDUM OF AGREEMENT FOR

TENANCY
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THIS MEMORANDUM OF AGREEMENT is made on this

the 25th of April 2004.
BETWEEN
SRI SHANKA MANI PRADHAN S/O Late Bhagya Mani

Pradhan, by nationality Indian and resident of 12 th Mile, within
the Post Office, Police Station and Sub-Division of Kalimpong
in the District of Darjeeling herein after called the FIRST
PARTY/LANDLORD (which expression shall unless excluded
by or repugnant to the context be deemed to mean and include
his heirs, successors, legal representatives, administers,
And SRI CHHOTELAL PRASAD son of Ramayan Prasad by nationality Indian

and resident of 10th Mile, Rishi Road within the Post Office, Police Station and
Sub-Division of Kalimpong in the District of Darjeeling herein after called the
SECOND PARTY/TENANT (which expression shall unless excluded by or
repugnant to the context be deemed to mean and include his heirs, successors, legal
representatives, administrators, executors and assigns) OF THE SECOND PART.
WHEREAS the first party is the owner in respect of a four storied building (part)
known as Mani Press Building as held under DIF Plot No. 103/B and 109/B and
situated at Reshi Road, 10th Mile, within the Post Office, Police Station and Sub-
AND WHEREAS vide a written agreement dated 25 th April 2004, the parties
entered into an agreement of tenancy in respect of the schedule of property as
mentioned in the schedule of the said agreement and also referred hereinafter.
AND WHEREAS the term of the said agreement expired on 31st March 2005.
AND WHEREAS the second party approach the first party to let out the scheduled
premises for further period of eleven months and on such approach the first party
has also agreed to let out the same for a further period of eleven months with effect
from 1st May 2004 to 30th April 2005 and accordingly by this agreement the
original agreement dated 28th July 2003 is agreed to be amended and modified as
follows:

FOLLOWS
14. That the term of tenancy shall commence with effect from 1 st day of May 2004
for a period of eleven months ending on 30th April 2005.
15. That the second party shall pay a sum of Rs. 3300/- (Rupees three thousand
three hundred) only as monthly rent fpr use and occupation of the said premises
as fully and particularly described in the schedule of the agreement dated 25 th
April 2004 payable, computed and calculated according to English Calendar
Months.
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115
16. That the rent shall be payable within the 1st week of every month in advance
and the first party or his authorized agent shall grant proper receipt thereof.
17. That unless the term of the tenancy is extended by fresh agreement or on fresh
terms, the second party shall quit and vacate the scheduled premises on the
expiry of this agreement.
18. That it is agreed between the parties as recited and modified all other terms and
conditions of the agreement dated 25th April, between the parties shall remain
full force and binding upon the parties.
ALL THAT two rooms having floor space of 31 feet X 18 feet on the
first floor of a four storied building (part) facing Reshe Road, known
as Mani Press Building as held under DIF Plot No. 103/B and 109/b
and situated at Reshi Road , 10th Mile, within the Post Office, Police
Station and Sub-division of Kalimpong in the District of Darjeeling.
IN WITNESSES WHEREOF the parties have set respective hands and signature in
this Memorandum of Agreement on this the day, month and the year first above
In presence of:
WITNESSES:
1.
2.
Drafted and drawn at my Chamber:
Pravakar Dewan, Advocate

115

0memorandum of Agreement For Tenancy

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0memorandum of Agreement For Tenancy

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1

THIS MEMORANDUM OF AGREEMENT FOR TENANCY is made

MR. TSHERING GYALPO BHUTIA, son of Late Chomplal Bhutia, by

And SMT. SANGITA RAI, W/O Late Lhendup Bhutia, by nationality

WHEREAS the first party is the owner in respect of a double storied

NOW THIS MEMORANDUM OF AGREEMENT WITNESSETH AS

4. That the second party/tenant shall not be entitled to transfer, sub-let

5. That no addition or alternation shall be caused by the second party in

7. That the tenancy is hereby created for residential accommodation of

9. That in case of dispute or differences in respect of the tenancy the

IN WITNESSES WHEREOF the parties have herein set their respective

SIGNED, SEALED & DELIVERED:

1. Signature of the first party

2. Signature of the second party

THIS MEMORANDUM OF AGREEMENT FOR TENANCY is made

SMT. PUSHPA DURAL W/O K.K. Dural, by nationality Indian and

WHEREAS the first party is the owner in respect of a double storied

AND WHEREAS the said tenancy agreement expired on 30 th November

AND WHEREAS out of mutual terms this tenancy agreement is hereby

NOW THIS MEMORANDUM OF AGREEMENT WITNESSETH AS

16. That no addition or alternation shall be caused by the second party in

20. That in case of dispute or differences in respect of the tenancy the

IN WITNESSES WHEREOF the parties have herein set their respective

SIGNED, SEALED & DELIVERED:

1. Signature of the first party

2. Signature of the second party

(Pravakar Dewan) Advocate,

THIS MEMORANDUM OF AGREEMENT FOR TENANCY is made

SRI SURESH KUMAR PRADHAN S/O Late Kaziram Pradhan, by

And ………………………S/O………………, by nationality Indian and

AND WHEREAS in order to avoid the future misunderstanding and to

NOW THIS MEMORANDUM OF AGREEMENT WITNESSETH AS

27. That no addition or alternation shall be caused by the second party in

35. That in case of dispute or differences in respect of the tenancy the

IN WITNESSES WHEREOF the parties have herein set their respective

WITNESSES: Signature of the first party

1. Signature of the second party

(Nisha Rai ) Advocate,

THIS MEMORANDUM OF AGREEMENT FOR TENANCY is made

SMT. TSHERING BHUTIA W/O Late Shekhar Rajak, by nationality

and include her heirs, successors, legal representatives, administrators,

And SMT. THINLEY CHODEN W/O Sri Deepak Tamang, by

AND WHEREAS in order to avoid the future misunderstanding and to

NOW THIS MEMORANDUM OF AGREEMENT WITNESSETH AS

42. That no addition or alternation shall be caused by the second party in

49. That in case of dispute or differences in respect of the tenancy the

Office, Police Station & Sub-Division of Kalimpong in the District of

IN WITNESSES WHEREOF the parties have herein set their respective

WITNESSES: Signature of the first party

2. Signature of the second party

(Nisha Rai ) Advocate,

THIS LEASE AGREEMENT is made on this the 15 th day of

SMT. TULASA SHARMA W/O Late B.B. Sharma, by

And SRI SUBHASH ADHIKARI S/O Bednidhi Adhikari, by

WHEREAS the lessor is the absolute owner in respect of a

AND WHEREAS on the approach made by the lessee the

AND WHEREAS the parties have decided to enter into this

NOW THIS LEASE AGREEMENT WITNESSETH AS

51. That the period of tenancy shall be effective with effect

purpose. However, the lessee shall be at liberty to keep his

55. That the lessee shall not be entitled to transfer sub-let or

56. That no addition or alternation shall be caused by the lessee