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'o&

Dear Sir6s&

Re2 $lat 0o1 22222 admeasuring 222222 s31 ft1 4car*et area5 on t+e 2222 ,oor of t+e
building kno.n as 67d+is+ 7*artment8 standing on land bearing $inal /lot 0o1
1273 and 191 0o1 1( of :/9 I# of ;a+im Di%ision situate at <knat+ =atiskar ;arg>
?+a'urb+at.adi> /rab+ade%i> ;umbai (00 0251
111 t+e said ,at

7ou have #ade an application to the 8roposed Society for its N+C to the sale and transfer of
the 9at to the na#e of 55555555555555555555555555555555555555,

:e here%y infor# you that the proposed society has ;No +%/ection< to your transferring the
9at to Mr, 555555555555555555555555555555 su%/ect to the pay#ent of Rs,55555555556= as
donation towards the society and Rs,&>??6= as legal fees,

:e con@r# that you have paid all dues to the Society in respect of the said 9at upto date
and there are no arrears in respect of the 9at,

:e further con@r# that no lien& #ortgage and6or charge has %een #ade or created in
respect of the 9at either %y or against the proposed society in respect of the 9at,

'hanking you&

7ours faithfully&
For 7d+is+ o"o*erati%e =ousing 9ociety 4/ro*osed5

Aon, Secretary6Chair#an

Con@r#ed %y 2

.Dhira/ Bala0 .Dinesh Shah0
8ro#oters

700<@AB< 6=8

DC'A)(S +F AMCN'))'CS6S8CC)F)CA')+NS2

.0 'he said tene#ent in the %uilding specially constructed for tenants shall %e
ad#easuring D?? sE, ft, %uilt up area& consisting of :,C, Fathroo# with a loft spread over
the kitchen and :,C, %ut e-cluding stair case and co##on passage,

.30 'he doors shall have adeEuate teak wood section for fra#es of all doors, Main
entrance door shall have teak& wood paneled shutter as per design of the Architect and the
sa#e shall %e polished fro# outside and painted inside surface,

.D0 :indows shall have teak wood of adeEuate section shutters with DG - 63 H teak
wood section to have glass panel and ',:, @-ed louvers as per detailed drawing prepared %y
the Architect,

.I0 :indows for Fath and :,C, shall have ',:, section for fra#es and @-ed wires glass for
light and ventilation, )ndependent and separate %ath=roo# and water=closed .sandas0 with
separate and independent entrance to each %ath=roo# and water=closet .sandas0,

.>0 M,S, round %ars for windows to %e providedJ

.K0 'ilesJ skirting and dado tiling work .?G -?G0 in living space& kitchen and passage&
#osaic tiles of standard Euality shall %e provided,

.!0 Clectricity2 Si- points and one #eter for electric connection shall %e provided in the
said tene#ent,

."0 Stair=case2 Ce#ent @nish steps R,C, 8ardy with IG - 3G ti#%er railing shall %e provided,

.40 :ater supply 2 'hree taps in each tene#ent shall %e provided, :ater supply shall %e
#ade fro# over=head tanks,

.?0 Cooking platfor# 2 A cooking platfor# of siLe as reEuired %y Municipal rules shall %e
provided in the said tene#ents,

.0 Co##on passage shall %e D63 ft, in width& e-cluding aforesaid %uilt up area of the
pre#ises,

'o&

Re2 /ermission to mortgage etc1

'his is to con@r# that Mr, Ra#/us Mullu Mourya is the current #e#%er and owner of the 9at
%eing Flat No, D?3 on the D
rd
9oor of the %uilding HFG .:ing HF=G0& Adhish Apart#ent& situated
on land %earing original 8lot No, 3! and Final 8lot No, 3!D of '8S )V of Mahi# Division and
%earing C'S No, I situate& lying and %eing at Cknath Aatiskar Marg& Mha/ur%hatwadi&
8ra%hadevi& Mu#%ai I?? ?3> ad#easuring a%out D?? %uilt=up area .hereinafter referred to
as ;the said 9at<0,

:e con@r# that the construction of the %uilding as well as 9at6apart#ent6house is in
accordance with the approved plans,

:e con@r# that Mr, Ra#/us Mullu Mourya has sold and transferred the said 9at to Mr, Jitendra
Bula% Shukla %y registered sale deed and we have no o%/ection for the sa#e and we here%y
give our consent for the sa#e,

:e assure you that the said 9at is as well as the said %uilding and the land appurtenant
thereof N+' su%/ect to any encu#%rance& charge or lia%ility of any kind whatsoever and that
the entire property is clear and #arketa%le, :e have a clear& legal and #arketa%le title to
the said property and every part thereof,

:e also undertake and con@r# that we shall not raise any loan fro# any Fank )nstitution&
Fir#& Corporate Fody or anywhere and create any charge6encu#%rances on the said 9at
without your written consent,

:e further undertake and con@r# that we shall not allow the future #e#%er Mr, Jitendra
Bula% Shukla to transfer or e-change the said 9at without your written consent, :e have No
+%/ection to your giving a loan to the a%ove %uyer viL, Mr, Jitendra Bula% Shukla and his
#ortgaging the said 9at to you %y way of security of repay#ent,

:e here%y #ake6record6lien in favour of the Fank on the 9at and shares,

:e con@r# that the said 9at currently stands in the na#e of Mr, Ra#/us Mullu Mourya as true
and lawful owner thereof and the sa#e shall %e transferred in the na#e of Mr, Jitendra Bula%
Shukla and we have no o%/ection for the said transaction,

7ours faithfully&
For 7d+is+ o"o*erati%e =ousing 9ociety 4/ro*osed5

Aon, Secretary6Chair#an

7B:IC<9 D$ 7EB<<;<0: $DB 7C:<B07:< 7D;;DD7:ID0 #ade at Mu#%ai this
55555 day of 555555555555 in the Christian 7ear 'wo 'housand 'en .3??0
FC':CCN 7?79=9=I0< :B7D< /#:1 C:D1& a Co#pany incorporated and registered under
the provisions of Co#panies Act& 4>K and having its registered oNce at Fahadur ManLil&
3
nd
Floor& S,A, Frelvi Marg& Fort& Mu#%ai I?? ?? hereinafter referred to as 6t+e
/BD;D:<B98 .which e-pression shall unless it %e repugnant to the conte-t or #eaning
thereof %e dee#ed to #ean and include its successors and assigns0 of the +NC 8AR'
AND ;<99B9 /7D;7#7:I =DA9I0E D;/70F& a partnership @r# registered under the
)ndian 8artnership Act& 4D3 having its registered oNce at 3& Far#roL Court& K?& Dadasahe%
8halke Road& Dadar .Cast0& Mu#%ai I?? ?I& hereinafter
referred to as 6t+e D.ner98 .which e-pression shall unless it %e repugnant to the conte-t
or #eaning thereof shall #ean and include the partner or partners for the ti#e %eing of the
said @r#& their survivor or survivor and their heirs& e-ecutors and ad#inistrators0 of the
Second 8artJ AND ;B91 AB;IC7D<#I F7C<9=G7B J7I9G7B of Mu#%ai )ndian )nha%itant
having her address at F=3& Flat No, ??& Bround Floor& Adhish Apart#ent& Aatiskar Marg&
8ra%hadevi& Mu#%ai I?? ?3> hereinafter referred to as 6t+e :<070: =DCD<B8 .which
e-pression shall unless it %e repugnant to the conte-t or #eaning thereof %e dee#ed to
#ean and include her heirs& e-ecutors& ad#inistrators and assigns0 of the +'ACR 8AR'2

G = < B < 7 9 H

A, Fy an )ndenture #ade at Mu#%ai on !
th
day of Septe#%er& 44D %etween Sultanali
Moha#adali Alarkha Aa/i& .hereinafter referred to as ;the original owner<0 therein referred to
as the vendor of the First 8art and Dhira/ Vir/i Bala and Dinesh (al/i Shah& therein collectively
referred to as the Con@r#ing 8arties of the Second 8art and M6s, 8ad#avati Aousing
Co#pany& therein referred to as the 8urchasers of the 'hird 8art& herein referred to as the
+wners& the Vendor therein with the consent and con@r#ation of the Con@r#ing 8arties&
sold& transferred& conveyed& assured and assigned unto the 8urchasers therein& the +wners
herein& all that pieces or parcels of land or ground situate at Cknath Aatiskar Marg& %earing
+riginal 8lot No, 3! and Final 8lot No, 3!D of '8S )V& Mahi# and %earing C, S, No,I of
Mahi# Division ad#easuring 34I3 sE, yds, or therea%outs viL, 3IK? sE, #trs, .hereinafter
referred to as ;the said plot of land<0 together with fully occupied structures standing
thereon .hereinafter referred to as ;the said e-isting structures<0 in the District and
Registration Su%=District of Mu#%ai City and Mu#%ai Su%ur%an and #ore particularly
descri%ed in the First Schedule hereunder written .unless referred to individually the said
plot of land together with the said e-isting structures are collectively referred to as ;the said
propertyO0, 'he particulars of the tenants6occupants in the said e-isting structures were set
out in the Second Schedule to the said )ndenture, 'he said )ndenture .the said )ndenture for
the sake of %revity %e referred to as ;the said 8rincipal Deed<0 has %een duly lodged for
registration with the Su%=Registrar of Assurances at Mu#%ai on !
th
Septe#%er& 44D vide
serial %earing No, 3D3I64DJ

F, Aowever& due to inadvertence certain #istakes and inaccuracies had crept in respect
of particulars regarding certain occupants speci@ed in the Second Schedule to the said
8rincipal Deed and which were recti@ed %y a Deed of Recti@cation dated !
th
January& 44>
which has %een duly lodged for registration with Su%=Registrar of Assurances at Mu#%ai on
"
th
January& 44! vide serial %earing No, "! of 44!J

C, Ppon perusal of the 'own 8lanning Sche#e& Fo#%ay City No, )V under the Fo#%ay
'own 8lanning Act& 4>I& it appears that the area of @nal 8lot No,3!D has %een deter#ined
at 3?3K sE, yds, viL, K4D,44 sE, #trs, instead of 34I3 sE, yds, i,e, 3IK? sE, #trs, and
accordingly %y a Deed of Recti@cation dated 4
th
+cto%er& 3??& the #istake in the area has
%een sought to %e recti@ed and which Deed of Recti@cation to the said 8rincipal Deed has
%een lodged for registration with Su%=Registrar of Assurances at Mu#%ai on K
th
+cto%er&
3?? vide serial No, K>KK63?? incorporating the recti@ed areaJ

D, )n the circu#stances aforesaid& %y virtue of the a%ove recited 8rincipal Deed& the
said +wners have %een seiLed and possessed of or otherwise well and suNciently entitled to
the said property #ore particularly descri%ed in the First Schedule hereunder written and
delineated on the plan thereof hereto anne-ed and #arked as 7nnexure 678J

C, )n accordance with the Develop#ent Control Regulations 44 .DCR 440 since the
structures which were standing on the said plot of land were neither cessed structures nor
declared as slu#& FS) at ,DD was availa%le therein and it was possi%le to de#olish e-isting
structures standing on the said plot of land and construct two %uildings& one for the
tenants6occupants of the e-isting structures and another for the prospective purchasers,
Accordingly& the +wners o%tained )+D in respect of HFG %uilding to %e constructed for the
tenants6occupants vide )+D %earing No, CCF8C6>3I6 BS6A dated 3!
th
May& 44K and also
o%tained )+D %earing No,CC8FC6I3??6BS6A dated 3!,?>,44K in respect of HAG %uilding to %e
constructed for the sale to the prospective purchasersJ

F, 'he e-pected FMC sanctioned FS) e-cluding lift& passage and staircase for
construction and sale in %uilding HAG calculated on the %asis that FS) )nde- was ,DD was
3&K4I sE, ft,J

A, 'he +wners %y a Me#orandu# of Pnderstanding dated 34
th
Septe#%er& 3??3 read
with Develop#ent Agree#ent dated 3>
th
+cto%er& 3?? duly registered with the Su%=
Registrar of Assurances at Mu#%ai vide Serial No,FFC6!>>63?? .hereinafter
collectively referred to as ;the said Agree#ent<0 granted and conferred develop#ent
rights in respect of the said 3&K4I sE, ft, unto the 8ro#oters herein for the
consideration and upon the ter#s and conditions #ore particularly setout thereinJ

A, 'he +wners and the Developers therein and the pro#oters herein applied in For# D!=
) to the Appropriate Authority under Chapter QQC of the )nco#e 'a- Act& 4K for its N+C to
the transaction and have received N+C P6S, 3K4P(.D0 of the )nco#e 'a- Act& 4K vide @le
%earing No, AA6MPM6CCR'63334!63??=3??3 dated !
th
January& 3??& #arked 7nnexure
I!I attached heretoJ

), )n ter#s of the said Agree#ent2

.i0 'he +wners have negotiated and settled with all the II .forty four0 occupants of the
said e-isting structures .save and e-cept one Mr, Falachandra Da#odar Surve and Mrs,
Sunita 8, Dicholkar0 and had agreed to provide to each of the I? occupants6tenants
per#anent alternative acco##odation free of cost on ownership %asis ad#easuring D?? sE,
ft, .F,P,0 each aggregating to 3&??? sE, ft, .F,P,0 in separate %uilding HFG to %e constructed
for the tenants who were paying rent Rs,!,K> p,#, to the +wner in pursuance to consent
ter#s @led at S#all Causes Court& Mu#%ai in respect of R,A,C, suits @led %y the original
owner against each of the# for recovery of suit pre#ises, Decree in ter#s of consent ter#s
@led have %een o%tained fro# the Aonoura%le S#all Causes Court %y the original ownerJ

.ii0 'he +wners have su%seEuently also negotiated with the said occupants Mr,
Falchandra D, Surve and Mrs, Sunita 8, Dicholkar and o%tained vacant possession of the
pre#ises in their respective possession and had carried out survey of the said property and
have got de#arcated the %oundary %y construction of a fenceJ

.iii0 'he +wners have also negotiated with .i0 Mr, 8rakash R, 8usalkar R three others and
.ii0 Mr, Dhar#endra R, Aule R Another who were entitled to alternative acco##odation in HFG
%uilding to %e constructed for tenants under the consent ter#s @led on I
th
January 443 and
3K
th
Nove#%er& 44! in the R,A,C, Suit %earing No,33I of 44 and R,A,C, Suit %earing
No,!? of 443 respectively in the Court of S#all Cause at Mu#%ai and have settled with
the# pursuant to which the said 8rakash R, 8usalkar R +rs and Dhar#endra R, Aule R
Another have relinEuished all their right and entitle#ent under the aforesaid consent ter#s
upon receipt of co#pensation in full and @nal settle#entJ and

.iv0 'he +wners have o%tained the discharge fro# Sa#ra/ Aousing 8vt, (td, in respect of
9at agreed to %e allotted on second 9oor of %uilding HAGJ

J, 8ursuant to the a%ove recited Develop#ent Agree#ent& the 8ro#oters %eca#e
entitled to and en/oined upon to de#olish the e-isting structures standing on the said plot
of land and construct two %uildings HAG %uilding on the front portion of the said plot of land
for sell to the prospective purchasers %y utilsing and consu#ing the FMC sanctioned FS) of
3&K4I sE, ft, save and e-cept allot#ent of one 9at ad#easuring !4> sE, ft, .carpet0 on
second 9oor of %uilding SAS agreed to %e allotted to Mr, Vinayak V, Nagvekar %eing no#inee
of the +wners and to construct HFG %uilding on the portion of said plot %eing rear side of the
said plot of land for the tenants6 occupants of the e-isting structuresJ

M, Accordingly& the 8ro#oters have revalidated the )+D %earing No, CCF8C6>3I6 BS6A
dated 3!
th
May& 44K on ?",?,44! and have o%tained Co##ence#ent Certi@cate dated
33,?,3?? fro# MCBM and have co##enced and co#pleted construction of HFG %uilding for
the tenants6occupants of the e-isting structures on the said plot of land and have o%tained
occupation certi@cate dated !,?K,3??3 in respect thereof, Copy of +ccupation Certi@cate is
anne-ed hereto #arked 7nnexure IIJ

(, Faleshwar A/#er Jaiswar .hereinafter referred to as ;the deceased<0 was a tenant in
use and occupation of a roo# %earing No, I" ad#easuring on or a%out ?? sE, ft, .F, P,0 on
the ground 9oor lying and situated on the said plot of land .hereinafter referred to as ;the
tenanted pre#ises<0 %y paying #onthly rent of Rs,K6= and in pursuance to consent ter#s
dated ?4
th
Dece#%er& 44 @led in the Court of S#all Causes at Mu#%ai in R,A,C, Suit
No,33K of 44 and consent decree o%tained on ?!,?,443 .hereinafter referred to as
Osaid consent decreeO0 wherein it is agreed to provide one self contained 9at of eEuivalent
area in the %uilding to %e constructed to provide per#anent alternative acco##odation to
all tenants6occupants therein ad#easuring D?? sE, ft, .F, P,0 free of cost and on ownership
%asis to the 'enantSs and on other ter#s and conditions contained therein, Copy of decree
dated ?!,?,443 is enclosed herewith #arked 7nnexure IDIJ

M, 'he 'enant Aolder is only entitled to the %ene@t arising under said consent decree&
#ore speci@cally& %eing allot#ent of one self contained 9at in %uilding HFG constructed on a
portion of said plot delineated %y green colour in plan anne-ed at Anne-ure OAO attached
heretoJ

N, Su%seEuently& in the #eeting held on >
th
January& 3??D with all the tenants6occupants
%y the +wners and 8ro#oters& all 9ats in %uilding SFS to %e known as OAdhish Apart#entO
have %een allotted to the tenants %y draw of lots and accordingly 9at No, ?? on the Bround
9oor in :ing F3 of %uilding SFS ad#easuring D?? sE, ft, .F, P,0 .hereinafter referred to as
;the said 9at<0 had %een allotted to the deceased hereinJ

+, Mr, Fhaleshwar A/#er Jaiswal died intestate on 55555555555 leaving %ehind his wife
viL, S#t Pr#iladevi Fhaleshwar Jaiswar %eing the 'enant Aolder herein and three sons
na#ely Mr, Suren Fhaleshwar Jaiswar& Agar Fhaleshwar Jaiswar and Santosh Fhaleshwar
Jaiswar as his only heirs and legal representatives as per the Aindu (aw %y which the
deceased was governed at the ti#e of his death, Fy and under an ANdavit cu# Declaration
dated 55555555555& the three sons of the deceased na#ely Mr, Suren Fhaleshwar Jaiswar&
Agar Fhaleshwar Jaiswar and Santosh Fhaleshwar Jaiswar have disclai#ed& relinEuished and
released all their right& title& interest and de#and in the said 9at to %e allotted to the
deceased and that they have given their irrevoca%le consent to allot the said 9at solely in
favour of the 'enant Aolder hereinJ

8, 'he 8ro#oters have su%#itted the a#ended plans for HAG %uilding and have also
o%tained the )+D %earing No, CCF8C6I3??6BS6A and have o%tained Co##ence#ent
Certi@cate fro# MCBM and accordingly have co##enced construction of HAG %uilding for sale
to the prospective purchasers to %e known as ;Sunset Aeights< co#prising of stilt and ?
upper 9oors on the said plot of land in accordance with the sanctioned plans and per#issionJ

$, )n ter#s of the a%ove recited Develop#ent Agree#ent& the 8ro#oters are further
entitled to sell 9ats& garages& %ase#ent& car parking spaces& stilts terraces& hoarding spaces
etc, .all of which hereinafter for the sake of %revity referred to as ;the said pre#ises<0 in the
said %uilding ;Sunset Aeights<J

R, )t is intended that in due course& after the develop#ent of %uilding SAG viL, OSunset
AeightsO is co#pleted& all the 9ats and other spaces& garages& if any& sanctioned and
constructed are sold on +wnership %asis& the property descri%ed in First Schedule hereunder
together with the %uilding ;Sunset AeightsO and OAdhish Apart#entO would %e conveyed in
favour of the separate Co=operative Society to %e for#ed %y the persons who purchase the
pre#ises in the Fuilding SAS viL, OSunset AeightsO, All the Flat 8urchasers of the said %uilding
SAS would %eco#e its #e#%ers, A separate co=operative society of all the 9at holders in
%uilding SFS to %e known as OAdhish Apart#entO would %e for#ed and the Fuilding SFS
alongwith land %eneath SFS shall %e given on lease of Re,6= per annu# to such society %y
the society for#ed of 9at holders of %uilding SASJ

S, 'he 8ro#oters have entered into a prescri%ed Agree#ent with the Architect& M6s,
Aparna Consultants registered with the Council of Architects and also appointed JCV
Structural Consultants as Structural Cngineers for preparing structural designs and drawings
and speci@cations of the %uilding and the 'enant Aolder accepts the professional supervision
of the said Architect and the said structural Cngineer till the co#pletion of the %uilding
unless otherwise changedJ

', 'he 'enant Aolder has de#anded fro# the 8ro#oters6+wners and the
8ro#oters6+wners have given inspection to the 'enant Aolder of all the docu#ents of title
relating to the said property& the plans& designs and speci@cations prepared %y the
8ro#oters Architect& M6s, Aparna Consultants and of such other docu#ents as are speci@ed
under the Maharashtra +wnership Flats .Regulation of the 8ro#otion of Construction& Sale&
Manage#ent and 'ransfer0 Act& 4KD and the Rules #ade thereunderJ

P, A copy of the Certi@cate of 'itle issued %y Ms, Joyita Mitra& Advocate R Solicitor of the
+wners as well as the copy of the property register card in respect of the said property and
copy of the 9oor plan of the 9at agreed to %e purchased %y the 'enant Aolder approved %y
the concerned local authority have %een anne-ed hereto and #arked 7nnexures 6<8>
6$8 and 6E8 respectively, 'he list of a#enities provided in the said 9at is enclosed herewith
#arked 7nnexure I=IJ

V, :hile sanctioning the said plans for the said %uilding the concerned local authorities
and6or Bovern#ent has laid down certain ter#s& conditions& stipulations and restrictions
which are to %e o%served and perfor#ed %y the 8ro#oters while developing the said
property and the said %uilding and upon due o%servance and perfor#ance of which only the
occupation and the co#pletion certi@cate in respect of the said %uilding shall %e granted %y
the concerned local authorityJ

:, Accordingly the 8ro#oters have reserved 9at No, ?? on the Bround 9oor of the
%uilding SF3S to %e known as OAdhish Apart#entO constructed as per plan attached hereto
#arked Anne-ure OBO to the 'enant Aolder to %e allotted& free of cost and on +wnership
%asisJ

Q, 'he parties hereto have agreed to e-ecute these presents in respect of the said Flat,

0DG :=I9 7EB<<;<0: GI:0<99<:= 70D I: I9 7EB<<D !F 70D !<:G<<0 :=<
/7B:I<9 =<B<:D 79 $DCCDG9H"

, )t is agreed that all the aforesaid recitals shall for# integral and operative part of
these presents as if the sa#e have %een set out ver%ati# herein,

3, 'he 8ro#oters have co#pleted construction of a %uilding SFS on the portion of said
8lot of land delineated %y green colour in the plan #arked anne-ed at Anne-ure ;A< #ore
particularly descri%ed in the Schedule hereunder written under in accordance with the plans
speci@cations and designs approved %y FMC and other local authorities,

D, 'he 8ro#oters have constructed %uilding HFG on the said plot of land de#arcated in
the layout plan hereto anne-ed as Anne-ure ;A< and #ore particularly descri%ed in the
Schedule hereunder written in accordance with the plans& speci@cations and designs
approved %y FMC which have %een seen and approved %y the 'enantSs with only such
variations and #odi@cations as the 8ro#oters #ay consider necessary or as #ay %e
reEuired %y the concerned authorities or Bovern#ent to %e #ade in the# provided that the
8ro#oters shall not #ake any variations or #odi@cations which #ay adversely aTect the
9at& of the 'enants,

I, 'he 8ro#oters here%y agree to transfer& assign handover and allot to the 'enant
Aolder& Flat on the Bround 9oor of :ing HF3G of the %uilding SFS having total %uilt=up area of
appro-, D?? sE, ft, and %ounded %y RCD C+(+PR F+PNDR7 ()NC on the typical 9oor plan
hereto anne-ed and #arked as Anne-ure ;B< .hereinafter referred to as Othe said 9atO0 free
of cost and on ownership %asis and the 'enant agrees to take over and accept the aforesaid
allot#ent6transfer in pursuance to the said consent decree,

>, 'he 'enant Aolder declares& con@r#s and records that the +wners have co#plied
and discharged with all the o%ligations undertaken to %e co#plied %y the original owners
fully and eTectively and to his co#plete satisfaction under the said consent ter#s and said
consent decree and that she shall hereafter have no clai#6de#and under the said consent
decree of whatsoever nature or otherwise in any #anner whatsoever against the original
owner and6or +wners68ro#oters herein and that 'enant Aolder doth here%y inde#nify and
keep the 8ro#oters and6or +wners inde#ni@ed against any such clai#6de#and %eing #ade
%y any person clai#ing any right& interest through or under the# at any ti#e hereafter,

K, 'he 8ro#oters here%y agree that they shall %efore e-ecution of Deed of Conveyance
of the said land in favour of a co=operative society to %e for#ed %y the 8urchasers6Allottees
of 9ats6garages6 parking space under stilt& if any in the %uildings to %e constructed on the
said land .hereinafter referred to as ;the said society<0 #ake full and true disclosure of the
nature of their title to the said land as well as encu#%rances& if any& including any right&
title& interest of clai# of any party in or over the said land and shall& as far as practica%le
and su%/ect to what is stated hereinafter& ensure that the said land is free fro# all
encu#%rances and that the 8ro#oters have clear and #arketa%le title to the said land so as
to ena%le the# to convey in favour of the said society6li#ited co#pany such clear and
#arketa%le title on the e-ecution of a Deed of Conveyance,

!, 'he 8ro#oters here%y declare and con@r# that they have o%served& perfor#ed and
co#plied with all the ter#s& conditions& stipulations and restrictions if any& which #ay have
%een i#posed %y the concerned local authority at the ti#e of sanctioning the said plans or
any ti#e thereafter %efore handing over the possession of the occupation and6or co#pletion
certi@cate in respect of the said 9at,

", 'he 8ro#oters here%y declare that no part of FS) availa%le in respect of the land
#ore particularly descri%ed in the Schedule hereunder written has %een utiliLed %y the
8ro#oters and6or the owners elsewhere for any purpose whatsoever,

4, )##ediately on or %efore e-ecution of this presents& the 8ro#oters with the consent
of the +wners have handed over vacant& Euiet and peaceful possession of the said 9at to the
'enant Aolder& in full and @nal settle#ent of all his clai#s6 %ene@ts6de#ands in respect of
said tenanted pre#ises and arising under said Consent ter#s and said Consent decree of
whatsoever and against the +wners6 8ro#oters and the 'enant Aolder declares that she
has taken possession of the said 9at and is co#pletely satis@ed with the work#anship
a#enities and Euality of a#enities provided in the said 9at which are in confor#ity with the
said Consent ter#s and further discharge the original owner fro# the o%ligations stipulated
in said Consent ter#s,

?, 'he @-tures& @ttings and a#enities to %e provided in the said 9at and the #aterials
to %e used in the construction of the said %uilding SFS and the speci@cations of the said
%uilding are those as set out in the Anne-ure OAO anne-ed hereto, 'he 'enant Aolder has
satis@ed herself a%out the design of the said 9at and also a%out the speci@cations and
a#enities to %e provided therein and the 'enant Aolder further con@r#s that the a#enities
provided are in con@r#ing with the said Consent ter#s and as such con@r# the original
+wners have co#plied with their o%ligations and perfor#ed fully in ter#s of said consent
ter#s,

, )t is agreed& declared and con@r#ed that the percentage of the undivided interest of
the 'enant Aolder in the co##on area and facilities li#ited or otherwise pertaining to the
said 9at shall %e in proportion of the area of the 9at agreed to %e provided hereunder to the
total co##on areas and facilities li#ited or otherwise in %uilding SFSJ

3, 'he 'enant Aolder and her no#inee6s shall use the 9at or any part thereof only for
the purpose of residence,

D, 'he 'enant Aolder shall hereafter %e lia%le to %ear and pay the proportionate share
i,e, in proportion to the 9oor area of the 9at of outgoings in respect of the said land and
%uilding6s na#ely local ta-es& estate pre#iu#& %etter#ent charges or such other
levies6ta-es %y the concerned local authority and6or Bovern#ent& water charges& insurance&
co##on lights& repairs and salaries of clerks& %ill collectors& chowkidars& sweepers and all
other e-penses necessary and incidental to the #anage#ent and #aintenance of the
%uilding SFS and land %eneath the society, Pntil the society is for#ed and the %uilding SFS and
land %eneath it %eing leased to it& the 'enant Aolder shall pay to the 8ro#oters
proportionate share of outgoings as #ay %e deter#ined, 'he 'enant Aolder undertakes to
pay such proportionate share of outgoings regularly and shall not withhold the sa#e for any
reason whatsoever,

I, 'he Flat 8urchasers in %uilding SAS and 'enants in Fuilding SFS shall for# separate Co=
operative Societies of their respective %uildings, 'he 8ro#oters shall cause the +wners to
e-ecute Deed of Conveyance of said land and %uildings thereon in favour of the Co=
operative Society for#ed %y 9at holders in %uilding SAS and which Co=operative Society in
turn will grant lease to the society which would %e for#ed %y the tenants6occupants residing
in HFG %uilding in respect of Fuilding SFS and land %eneath it, 'he 'enant Aolder is aware of
the sa#e and gives his No +%/ection for the sa#e, +n separate Co=operative Society %eing
registered the rights of the Flat 8urchaser as the purchaser of the said pre#ises and 'enant
Aolder will %e registered and regulated %y the provisions of the said Co=operative Society
and the Rules and Regulations fra#ed %y the#& %ut su%/ect to the ter#s of this Agree#ent,

>, +n the co#pletion of entire develop#ent& the 8ro#oters shall co=operate& with the
Flat 8urchasers in for#ing& registering and incorporating Co=operative Societies as
envisaged herein and for the purpose fro# ti#e to ti#e sign and e-ecute the application for
registration and6or #e#%ership and other paper and docu#ents necessary for the for#ation
and the registration of a society and for %eco#ing a #e#%er& including the %ye=laws of the
proposed society and duly @ll in& sign and return to the 8ro#oters within four days of the
sa#e %eing forwarded %y the Developers to the 'enant Aolder& so as to ena%le the
8ro#oters to register the society of the Flat Aolder under section ? of the said Act within
the ti#e li#it prescri%ed %y rule " of the Maharashtra +wnership Flats .Regulation of the
8ro#otion of Construction& Sale& Manage#ent and 'ransfer0 Rules& 4KI or the co#pletion of
develop#ent of %uildings whichever is later, No +%/ection shall %e taken %y the 'enant
Aolder if any changes or #odi@cations are #ade in the draft %ye=laws as #ay %e reEuired %y
the Registrar of Co=operative Societies or any other co#petent Authority, 'he rights of
#e#%ers of the Co=operative Society %eing su%/ect to the rights of the 8ro#oters under this
Agree#ent and the vesting docu#ents to %e e-ecuted in pursuance thereof, :hen the Co=
operative Societies are registered and when all the a#ounts due and paya%le to the
8ro#oters in respect of all the 9ats and other pre#ises in the %uildings are paid in full as
aforesaid& the 8ro#oters shall .su%/ect to their o%taining the per#ission reEuired under the
law and rules and regulations0 e-ecute6get e-ecuted the necessary vesting docu#ents .in
keeping with this Agree#ent and the rights of the 8ro#oters contained in this Agree#ent of
the said property descri%ed in the First Schedule hereunder written0 e-ecuted, 'he Flat
8urchaser shall not raise any o%/ection and6or clai# any co#pensation& thereof& if the area
per#itted to %e conveyed is less than the area shown in the First Schedule hereunder
written,

K, 'he +wners shall su%/ect to the ter#s contained in the said Agree#ent with the
8ro#oters& %ut to the e-clusion of the 'enant Aolder& %e entitled to consu#e additional FS)
availa%le in respect of the said plot till the registration of the society and e-ecution of
assign#ent6conveyance in its favour and thereafter the sa#e shall %e availa%le to the
society,

!, Su%/ect to ter#s of said Agree#ent& the 8ro#oters shall have a right until %oth the
%uildings are co#pleted viL, Fuilding A R F& and two proposed co=operative housing
societies are for#ed as envisaged and the land #ore particularly descri%ed in the Schedule
hereunder written is conveyed to it& to #ake additions raise storeys and put up additional
structures as #ay %e per#itted %y Municipal and other co#petent authorities, Such
additions& structures& storeys and terrace thereon will su%/ect to the right of the owners and
8ro#oters as provided in said Agree#ent& %e the sole property .to the e-clusion of the
'enant Aolder of the 8ro#oters and owners who will %e entitled to dispose it oT in any way
they choose and the 'enant Aolder here%y consents to the sa#e and agrees not to raise any
o%/ection for whatsoever reason to the sa#e, 'his consent shall %e considered to %e Flat
8urchaserSs consent conte#plated %y section !.i0.ii0 of 'he Maharashtra +wnership Flats Act&
4KD,

", 'he 'enant Aolder shall have no clai# whatsoever e-cept in respect of the said 9at
here%y agreed to %e acEuired, All the open spaces& unallotted 9ats and other spaces in the
%uilding& etc, will re#ain the a%solute property of the 8ro#oters6+wners and the 8ro#oters if
so desire& #ay /oin in as the #e#%ers of the Co=operative Society in respect of such
unallotted 9ats and other pre#ises and shall have full right& a%solute power and authority to
deal with and to sell& transfer& lease& let or otherwise dispose of the sa#e in any #anner and
for such consideration& and on such ter#s and conditions& as they #ay in their sole and
a%solute discretion dee# @t and proper and the Co=operative Society shall %e %ound to
ad#it as #e#%ers& the purchasers of such pre#ises without charging in any pre#iu# or
other e-tra pay#ent or charges,

4, )n the event of the society %eing for#ed and registered %efore the sale and disposal
%y the 8ro#oters of all the 9at in the said %uilding SAS& the power and authority of the society
so for#ed in all #atters pertaining to the unsold units shall %e su%/ect to the overall
authority and control of the 8ro#oters& as also over all or any of the #atters concerning& the
construction and co#pletion of the said %uilding SAS and all a#enities appertaining to the
sa#e and in particular and the 8ro#oters shall have a%solute authority and control as
regards the unsold 9ats6garages6terrace6parking space under stilt6open parking space in
%uilding SAS and the disposal thereof,

3?, 'he 'enant Aolder with intention to %ind all persons into whosoever hands the 9at
#ay co#e& doth here%y covenants with the 8ro#oters6+wners as follows2=

a0 'o #aintain the said 9at at 'enant AolderGs own cost in good tenanta%le repair and
condition fro# the date of possession of the said 9at is taken and shall not do to or suTered
to %e done in or to the %uilding in which the said 9at is situated& staircase or any passages
which #ay %e against the rules& regulations and %ye=laws or concerned local or any other
authority or change6alter or #ake additions in or to the %uilding in which the said 9at is
situated and in the said 9at itself or any part thereof,

%0 Not to store in the 9at any goods which are of haLardous& co#%usti%le or dangerous
nature or are so heavy as to da#age the construction of structure of the %uilding in which
the 9at is situated or storing of which goods is o%/ected to %y the concerned local or other
authority and shall not carry heavy packages to upper 9oors which #ay da#age or likely to
da#age the staircase& co##on passages or any other structures of the %uilding in which the
9at is situated including entrances of the %uilding in which the 9at is situated and in case
any da#age is caused to the %uilding in which the 9at is situated or the 9at on account of
negligence or default of the 'enant Aolder in this %ehalf& the 'enant Aolder shall %e lia%le for
the conseEuences of the %reach,

c0 'o carry at her own costs all internal repairs to the said 9at and #aintain the said 9at
in the condition& state and order in which it was delivered %y the 8ro#oters to the 'enant
Aolder and shall not do or suTer to %e done anything in or to the %uilding in which the said
9at is situated or the said 9at which #ay %e given the rules and regulations and %ye=laws of
the concerned local authority or other pu%lic authority& in the event of the 'enant Aolder
co##itting any act in contravention of the a%ove provision& the 'enant Aolder shall %e
responsi%le and lia%le for the conseEuences thereof to the concerned local authority and6or
other pu%lic authority,

d0 Not to de#olish or cause to %e de#olished the said 9at or any part thereof& nor at
any ti#e #ake or cause to %e #ade any addition or alterations of whatever nature in or to
the said 9at or any part thereof& nor any alteration in the elevation and outside colour
sche#e of the %uilding HFS in which the said 9at is situated and shall keep the portion&
sewers& drains& pipes in the said 9at and appurtenance thereto good tenanta%le repair and
condition and in particular so as to support& shelter and protect the other parts of the
%uilding in which the said 9at is situated and shall not chisel or in any other #anner da#age
to colu#ns& %ea#s& walls& sla%s or RCC& 8aradis& or other structural #e#%ers in the 9at
without the prior written per#ission of the 8ro#oters and6or the society,

e0 Not to do or per#it to %e done any act or things which #ay render void or voida%le
any insurance of the said land and the %uilding in which the said 9at is situated or any part
thereof or where%y any increased pre#iu# shall %eco#e paya%le in respect of the
insurance,

f0 Not to throw dirt& ru%%ish& rags& gar%age or other refuse or per#it the sa#e to %e
thrown fro# the said 9at in the co#pound or any portion of the said land and the %uilding in
which the said 9at is situated,

g0 8ay to the 8ro#oters within seven days of de#and %y the 8ro#oters his share of
security deposit de#anded %y the concerned local authority or Bovern#ent for giving water&
electricity or any other service connection to the %uilding in which the said 9at is situated,

h0 'o %ear and pay increase in local ta-es& water charges& insurance and such other
levies if any& which are i#posed %y the concerned local authority and6or Bovern#ent and6or
other pu%lic authority& on account of changes of user of the said 9at %y the 'enant Aolder
viL, under for any purpose other than for residential purpose,

i0 'he 'enant Aolder shall not let& su%=let& transfer& assign or part with 'enant AolderSs
interest or %ene@t factor of this Agree#ent or part with the possession of the said 9at until
all the dues paya%le %y the 'enant Aolder to the 8ro#oters under this Agree#ent are fully
paid=up and only if the 'enant Aolder had not %een guilty of %reach of or non=o%servance of
any of the ter#s and conditions of this Agree#ent,

/0 'he 'enant Aolder shall o%serve and perfor# all the rules and regulations which the
society #ay adopt at its inception and the additions& alterations or a#end#ents thereof
that #ay %e #ade fro# ti#e to ti#e or protection and #aintenance of the said %uilding SFS
and the 9ats therein and for the o%servance and perfor#ance of the %uilding rules&
regulations and %ye=laws for the ti#e %eing of the concerned local authority and or
govern#ent and other pu%lic %odies, 'he 'enant Aolder shall also o%serve and perfor# all
the stipulations and conditions laid down %y the society regarding the occupation and use of
the said 9at in the %uilding and shall pay and contri%ute regularly and punctually towards
the ta-es e-penses or other outgoings in accordance with the ter#s of this Agree#ent,

k0 'he 'enant Aolder here%y agrees that in the event of any a#ount %y way of pre#iu#
including co##uted estate pre#iu# pertaining to ground rent paya%le to the Municipality or
to the State Bovern#ent or %etter#ent charges or develop#ent ta- or any other ta- or
pay#ent of a si#ilar nature %eco#ing paya%le %y the 8ro#oters in respect of the said
%uilding SFS& the sa#e shall %e rei#%ursed %y the 8ro#oters in proportion to the area of the
said pre#ises agreed to %e purchased %y the 'enant Aolder %ears to the area of the whole
%uilding SFS and in deter#ining such a#ount the decision of the 8ro#oters shall %e
conclusive and %inding upon the 'enant Aolder,

l0 'ill vesting docu#ents are e-ecuted in the #anner envisaged hereto& the 'enant
Aolder shall per#it the 8ro#oters6+wners and their surveyors and agents& with or without
work#en and others at all reasona%le ti#es& to enter into and upon the said land and
%uilding or any part thereof to view and e-a#ine the state and condition thereof,

3, )t is e-pressly agreed and declared as an essential and integral ter# and condition of
this Agree#ent and of the title to %e created .in respect of the said property descri%ed in
the First Schedule hereunder written and of the %uildings to %e put up thereof0 in pursuance
of this Agree#ent that2

.a0 'he 8ro#oters shall %e su%/ect to the ter# in this %ehalf agreed with the said +wners
in the a%ove recited Develop#ent Agree#ent are entitled to use any un=consu#ed6residual
and6or additional FS) in respect of the said property and6or co#pensatory FS) .in lieu of the
area falling within D, 8, Road and6or R, B, which has %een6 #ay %e handed over to the
MCBM0& slu#s or otherwise as #ay %e per#itted %y the MCBM in the construction& e-tension
and co#pletion of the %uilding to %e constructed on the said plot descri%ed in the First
Schedule hereunder writtenJ

.%0 At present the said %uilding SAS will %e co#prising of 'en upper 9oors or as #ay%e
sanctioned %y the MCBM fro# ti#e to ti#e& however the aforesaid additional construction
shall %e as per#issi%le %y the MCBM& DC Rules and Regulations and other applica%le laws
fro# ti#e to ti#e, All such constructions shall %e on account of and for the %ene@t of the
8ro#oters6+wners alone& who shall %e entitled to deal with and dispose of the sa#e as the
8ro#oters6+wners #ay desire6decide, 8rovided always and it is here%y e-pressly agreed
that the 'enant Aolder shall not co#plain a%out and shall have to %ear with the
inconvenience& noise& irritation or nuisance caused to hi# as and when the
8ro#oters6+wners undertake the additional construction and here%y grants his irrevoca%le
consent to the sa#eJ

.c0 Su%/ect to the ter# in this %ehalf agreed %y the 8ro#oters with the said +wners in
the a%ove recited Develop#ent Agree#ent& the entire %ene@ts .including co#pensation0
that #ay %e granted %y the MCBM and6or other %odies or authorities in respect of any
portion of the said property shall %elong to the 8ro#oters and +wners as the case #ay %e,
)t is e-pressly clari@ed that neither the 'enant Aolder.s0 nor the society shall have or clai#
any interest and6or share and6or %ene@ts and6or co#pensation in respect of the area out of
such propertyJ

.d0 'he 8ro#oters shall %e entitled to put up and6or #ake availa%le .and dispose of on
their own account0 the enclosed garages .if per#itted %y the MCBM0 in the co#pound and
also covered and6or open car parking spaces in the said %uilding and6or in the co#pound
and also covered and6or open car parking spaces in the said %uilding and6or in the
co#pound of the said property and descri%ed in the First Schedule hereunder writtenJ

.e0 'he 8ro#oters shall have the unEuali@ed and unfettered rights to sell on ownership
%asis to any person of their choice& the terraces in the %uildings including the terraces a%ove
the top 9oor of the said %uildings su%/ect to the necessary #eans of access to %e per#itted
for such purpose so as to reach the water tank of the %uildings, 'he 'enant Aolder of such
terrace shall %e entitled to #ake use of the sa#e for all purposes whatsoever as per#issi%le
%y law, Aowever& the 'enant Aolder shall not enclose or cover the said terrace without the
written per#ission of the 8ro#oters and6or the Society& as the case #ay %e& and the MCBMJ

.f0 )t is also understood and agreed %y and %etween the parties hereto that the terrace
space in front of or ad/acent to the terrace 9ats in the said %uilding SAS if any& shall %elong
e-clusively to the respective purchaser of the terrace 9at and such terrace spaces are
intended for the e-clusive use of the respective terrace Flat 8urchasers in %uilding, 'he
'enant Aolder herein accepts that she shall not %e entitled to clai# any right& title or interest
whether %y way of ease#ent or otherwise into or upon the said terrace space allotted
e-clusively to any other Flat 8urchasers6'enant Aolder.s0, Such terrace space shall %e
#aintained and repaired e-clusively %y the Flat 8urchasers to who# the sa#e are allotted
and the sa#e shall %e kept in good clear and tenanta%le condition at all ti#es %y the#J

.g0 Su%/ect to the ter#s in this %ehalf agreed %y the 8ro#oters with the said +wners in
the a%ove recited Develop#ent Agree#ent& if at any ti#e prior to e-ecution of the Deed of
Conveyance the present FS) applica%le to the said property is increased& such increase shall
%e ensured for the e-clusive %ene@t of the 8ro#oters alone without any re%ate and6or
co#pensation to the Flat 8urchasers in %uilding SAS and6or 'enant Aolder.s0 in %uilding SFSJ

.h0 So long as the area of the said 9at .agreed to %e acEuired %y the Flat 8urchaser fro#
the 8ro#oters0 is not altered and the a#enities set out in the Anne-ure OAO anne-ed hereto
are not altered& the 8ro#oters shall %e at li%erty and are there%y per#itted to #ake
variations in the layout6elevation of the said property and6or the %uildings .including
relocation of open spaces& %uilding6 garden spaces and6or varying the location of the access
to the said %uilding as the e-igencies of the situation and the circu#stances of the case #ay
reEuire, 'he 'enant Aolder e-pressly here%y consents to all such variations,

33, )t is further agreed %etween the 8ro#oters and the 'enant Aolder that at the ti#e of
e-ecution of conveyance in favour of the co=operative housing society and si#ultaneous
lease of %uilding SFS as envisaged the 'enant Aolder and6or the said society shall rei#%urse
to the 8ro#oters all the )+D deposits and other refunda%le deposits paid %y the 8ro#oters in
respect of the said %uilding,

3D, At the ti#e of registration of the aforesaid docu#ent& the +wners6 8ro#oters shall
%ear6pay the 'enant AolderSs share of sta#p duty and registration charges paya%le& if any&
%y the said society on the assign#ent6lease or any docu#ent or instru#ent of transfer in
respect of the said %uilding SFS and the land %eneath %uilding to %e e-ecuted in favour of the
society,

3I, 'he 8ro#oters shall have a @rst lien and charge on the said 9at agreed to %e
acEuired %y the 'enant Aolder for any outstanding dues of the 'enant Aolder,

3>, 'he Solicitors and6or Advocates of the 8ro#oters shall prepare and6or approve as the
case #ay %e& the Deed of Conveyance and all other vesting docu#ents to %e e-ecuted in
pursuance of the Agree#ent as also the %ye=laws in connection with the for#ation&
registration and6or incorporation of the Co=operative Society, All costs charges and e-penses
including sta#p duty& registration charges and other e-penses in connection with the
preparation and e-ecution of the Deed6s of Conveyance and other docu#ents and for#ation
and registration6incorporation of the Co=operative Society shall %e %orne& shared and paid %y
all Flat 8urchaser of the said %uilding SAS in proportion to the respective purchase price of
their respective pre#ises and6or paid %y the such Co=operative Society, A deposit for such
a#ount& free of interest shall %e kept deposited %y the Flat 8urchaser with the 8ro#oters
one week %efore the ti#e of taking possession of the said pre#ises,

3K, )f for any reason prior to the co#pletion of the said %uilding SAS and the receipt %y the
8ro#oters of the total consideration #oney receiva%le& %y the#& the vesting docu#ents are
e-ecuted in favour of the Co=operative Societies and if on the date of such vesting the said
%uilding SAS is not fully constructed and6or co#pleted and6or is the %uilding SAS and6or other
portions of the said plot has or have not %een disposed of %y the 8ro#oters& on ownership
%asis& or if the 8ro#oters have not o%tained in full the consideration #oney receiva%le %y
the# fro# all persons who o%tain the 9ats& car parking spaces and other portions in the said
property& then and in such event& the 8ro#oters shall have the right to construct and
co#plete the said %uilding SAS and to dispose of the unsold 9ats& car parking spaces and6or
other portions of the said property and6or to receive the consideration #oney even though
such vesting docu#ents are e-ecuted in favour of the Co=operative Society %y incorporating
such covenant as #ay %e necessary in the Deed of Conveyance and6or (ease Deed, 'he
8ro#oters shall not %e lia%le to pay any #aintenance charges etc, in respect of the unsold
9ats& car parking spaces& pre#ises& etc in %uilding SAS save and e-cept the #unicipal ta-es
with eTect fro# the date of grant of occupation6 co#pletion certi@cate, 8rovided however in
the event the 8ro#oters occupy or per#it occupation of any 9at such occupant or 8ro#oters
as the case #ay %e shall %e lia%le to pay the #aintenance charges& etc, in respect thereof,

3!, 'he 'enant Aolder has taken inspection of all relevant docu#ents and has satis@ed
hi#self fully in respect of the 8ro#otersG title to the said property descri%ed in the First
Schedule hereunder written prior to the e-ecution of this Agree#ent and doth here%y accept
the sa#e and agrees not to raise any reEuisition or o%/ection6s relating thereto at any stage,

3", Su%/ect to the ter#s of the said Develop#ent Agree#ent& )t is further e-pressly
clari@ed& agreed and understood %y and %etween the parties hereto that the co##on
terrace a%ove the top#ost 9oor of the %oth %uildings& shall always a%solutely and
e-clusively %elong to the 8ro#oters and the 8ro#oters& have full right& a%solute authority&
and unfettered discretion to use the sa#e in any lawful #anner& including for putting up and
displaying hoarding6 advertise#ents thereon& or putting up any overhead water tank6s
thereon to store and supply water to the occupants of the said %uildings, 'he 8ro#oters shall
not %e lia%le to pay any co#pensation& a#ount or charges whatsoever in respect of the
sa#e to the 'enant Aolder& or the said societies& and neither the Flat 8urchaser.s0 nor the
%oth co=operative societies shall at any ti#e raise any dispute or o%/ection in this regard,
Pse of the said co##on terrace #ay also %e allowed to install Dish Antenna6s& Relay
Station6s for Cellular and Satellite Co##unications etc, for which purpose the 8ro#oters
shall %e entitled to enter into suita%le arrange#ent6s or agree#ent6s with any person6s on
such ter#s and conditions as the 8ro#oters dee# @t and to receive6collect such contract
#onies6rents as consideration thereof fro# such person6parties6allottees, )t is here%y
e-pressly agreed that in case of vertical e-pansion of the said %uilding %y way of additional
9oor6s& the 8ro#oters shall %e entitled to shift the water tank6s& Dish Antenna6s& Relay
Station6s for Cellular and Satellite Co##unications etc, either over and a%ove such
additional 9oor6s and6or e-tension or such other place6s as #ay %e convenient to the
8ro#oters and the Flat 8urchaser and6or the said Association shall not %e entitled to raise
any o%/ection and6or create any hindrance in any #anner whatsoever, 'he 'enant Aolder will
per#it the authorised representative6s deputed %y the 8ro#oters6%oth co=operative societies
to go to the said co##on terrace to install& check up and6or service Dish Antenna and6or any
other electronic gadgets etc, and for repairs and #aintenance of the tank6s and6or such
other co##on facilities& at all reasona%le ti#es, )t is agreed that the aforesaid rights in
favour of the 8ro#oters shall %e covenants running with the land and shall for# part of the
conveyance and lease deed when e-ecuted in favour of the %oth co=operative societies,

34, 'he said %uilding SAS to %e constructed %y the 8ro#oters on the said plot shall at all
ti#es %e na#ed OSPNSC' AC)BA'S< and %uilding SFS constructed %y the 8ro#oters on the
rear side of the said plot shall %e known as OADA)SA A8AR'MCN'O these na#es shall not at
any ti#e %e altered or changed without the prior written consent and per#ission of the
8ro#oters,

D?, 'he 'enant Aolder here%y agrees& undertakes and covenants with the 8ro#oters that
neither he& nor the said societies shall at any ti#e hereafter li#it& curtail& revoke& cancel or
ter#inate any of the powers& rights& %ene@ts& interests& privileges or authorities reserved %y&
or granted to the 8ro#oters under this Agree#ent& or any other deed& docu#ent or writing
that #ay %e entered into and e-ecuted %etween the parties hereto& or those of the
8ro#oters as #entioned herein& and the 'enant Aolder and %oth the said societies shall %e
%ound and lia%le to render to the 8ro#oters& all necessary assistance and co=operation& to
ena%le the# to e-ercise and avail of the sa#e,

D, Nothing contained in this Agree#ent is intended to %e nor shall %e constructed as a
grant& de#ise or assign#ent in law of the said 9ats or of the said plot and %uilding or any
part thereof, 'he 'enant Aolder shall have no clai# save and e-cept in respect of the said
Flat here%y agreed to %e sold to her and all terraces& open spaces& parking spaces& lo%%ies&
staircases& etc, su%/ect to the said agree#ent %etween owners and the 8ro#oters& will
re#ain the property of the 8ro#oters& until the said land and %uildings are transferred to
the society as hereina%ove #entioned,

D3, Any delay tolerated or indulgence shown %y the 8ro#oters in enforcing the ter#s of
this Agree#ent or any for%earance or giving of ti#e to the 'enant Aolder %y the 8ro#oters
shall not %e construed as a waiver on the part of the 8ro#oters of any %reach of
nonco#pliance of any of the ter#s and conditions of this Agree#ent %y the 'enant Aolder
nor shall the sa#e in any #anner pre/udice the rights of the 8ro#oters,

DD, 'he 8ro#oters and6or +wners shall %e at li%erty to sell& assign or otherwise deal with
or dispose of their right& title and interest in the said land& heredita#ents and pre#ises and
the %uildings constructed or hereafter to %e erected thereon at their a%solute discretion
8R+V)DCD that the 8ro#oters do not in any way aTect or pre/udice the right here%y granted
in favour of the 'enant Aolder,

DI, 'he 'enant Aolder shall present this agree#ent for registration within the ti#e
prescri%ed %y the Registration Act and inti#ate to the 8ro#oters the serial nu#%er under
which the sa#e is lodged for Registration and thereafter the 8ro#oters shall within the ti#e
li#it prescri%ed %y the Registration Act attend such oNce and ad#it the e-ecution thereof,

D>, All notices to %e served on the 'enant Aolder as conte#plated %y this Agree#ent
shall %e dee#ed to have %een duly served if sent to the 'enant Aolder& %y registered post
A,D,6under certi@cate of posting at his address speci@ed %elow,

DK, 'his Agree#ent shall always %e su%/ect to the provisions of the Maharashtra
+wnership Flats Act .Mah Act, No, QV of 4!0 and the rules #ade thereunder6said Act and
the rules #ade thereunder,

I0 GI:0<99 G=<B<D$ the parties hereto have hereunto set and su%scri%ed their
respective hands and the seal the day and the year @rst hereina%ove written,

'AC F)RS' SCACDP(C AF+VC RCFCRRCD '+
(Description of the said property)

A(( 'AA' piece or parcel of land %earing original 8lot No, 3! and Final 8lot No, 3!D of '8S
)V of Mahi# Division and %earing C, S, No, I ad#easuring 34I3 sE, yds, or therea%outs i,e,
3IK? sE, #trs, .as per 'own 8lanning Sche#e& Fo#%ay City No, )V the area is 3?3K sE, yds,
i,e, K4D,44 sE, #trs,0 situate& lying and %eing at Cknath Aatiskar Marg& Mha/ur%hatwadi&
8ra%hadevi& Mu#%ai I?? ?3> together with fully occupied structures standing thereon in the
District and Registration Su%=District of Mu#%ai City and %ounded as follows2=

+n or towards North 2 %y F, 8, No, 3!IJ
+n or towards Cast 2 %y F, 8, No, 3K4 R,B,J
+n or towards :est 2 %y Cknath Aatiskar MargJ
+n or towards South 2 8artly %y F, 8, No, 3!,

S)BNCD& SCA(CD AND DC()VCRCD 0
%y the withinna#ed 8ro#oters 0
7?79=9=I0< :B7D< /#:1 C:D1 0
through their duly authorised Director 0
;r1 9an'ay Jain 0
in the presence ofU, 0

S)BNCD SCA(CD AND DC()VCRCD 0
%y the withinna#ed +wner 0
;J91 /7D;7#7:I =DA9I0E D1 0
through its duly authorised 8artner 0
;B1 D=IB7J #IBJI E7C7 0
in the presence of ,,,,,, 0

S)BNCD AND DC()VCRCD %y the 0
withinna#ed 'enant Aolder 0
9;: AB;IC7D<#I !7C<9=G7B 0
J7I9G7B 0
in the presence of U,, 0
VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
DA'CD 'A)S DA7 +F 3??

7?79=9=I0< :B7D< /#:1 C:D1
,,,,,, the 8ro#oters

/7D;7#7:I =DA9I0E D;/70F
U,, the +wners

AND

9;:1 AB;IC7D<#I !7C<9=G7B J7I9G7B
,,,,,, the 'enant Aolder

VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
7B:IC<9 D$ 7EB<<;<0: $DB 7C:<B07:< 7D;;DD7:ID0

In respect of Flat No. 001 on the Ground foor B2 Win of the !uildin "no#n as
$%dhish %part&ent' situate at (ra!hade)i* +u&!ai.

555555 day of 555555555555 in the Christian 7ear 'wo 'housand 'hree .3??D0
3
nd
8halke Road& Dadar .Cast0& Mu#%ai I?? ?I& hereinafter referred to as 6t+e
D.ner98 .which e-pression shall unless it %e repugnant to the conte-t or #eaning thereof
shall #ean and include the partner or partners for the ti#e %eing of the said @r#& their
survivor or survivor and their heirs& e-ecutors and ad#inistrators0 of the Second 8artJ AND
5555555555555555555555 555555555555555555555555555555555555555555555555555555555555555555555
5555555555555555555555555555555555555555 of Mu#%ai )ndian )nha%itant having his6her6their
address at 555555555555555555555555555555555555555555555555555
55555555555555555555555555555555555555555555555555555555 5555555555555
5555555555555555555555555555555555555555555555555555555555555555555555 hereinafter referred to
as 6t+e :<070: =DCD<B 4958 .which e-pression shall unless it %e repugnant to the
conte-t or #eaning thereof %e dee#ed to #ean and include his6her6their respective heirs&
e-ecutors& ad#inistrators and assigns0 of the +'ACR 8AR'2

G = < B < 7 9 H

th
Moha#adali Alarkha Aa/i& .hereinafter referred to as original owner0 therein referred to as
the vendor of the First 8art and Dhira/ Vir/i Bala and Dinesh (al/i Shah& therein collectively
referred to as the con@r#ing parties of the Second 8art and M6s,8ad#avati Aousing
Co#pany& therein referred to as the purchasers of the 'hird 8art& herein referred to as the
+wners& the vendor therein with the consent and con@r#ation of the Con@r#ing 8arties&
sold& transferred& conveyed& assured and assigned unto the purchasers therein& the +wners
th
Septe#%er& 44D vide

th
January& 44>
"
th

th
th
+cto%er&


th
May& 44K and also
o%tained )+D %earing No, 55555555555555555 in respect of HAG %uilding to %e constructed for
the sale to the prospective purchasersJ

3&K4I sE, ft,J

A, 'he +wners %y a Me#orandu# of Pnderstanding dated 34
th
th
Registrar of Assurances at Mu#%ai vide Serial No,FFC6!>>63?? .hereinafter
collectively referred to as ;the said Agree#ent<0 granted and conferred develop#ent
rights in respect of the said 3&K4I sE, ft, unto the 8ro#oters herein for the
consideration and upon the ter#s and conditions #ore particularly setout thereinJ

th


Sunita 8, Dicholkar0 and had agreed to provide to each of the occupants6tenants per#anent
alternative acco##odation free of cost on ownership %asis ad#easuring D?? sE, ft, .F, P,0
each aggregating to 3&??? sE, ft, .F, P,0 in separate %uilding HFG to %e constructed for the
tenants who were paying rent Rs,?6= p,#, to the +wner in pursuance to consent ter#s @led
at S#all Causes Court& Mu#%ai in respect of R,A,C, suits @led %y the original owner against
each of the# for recovery of suit pre#ises, Decree in ter#s of consent ter#s @led have %een
o%tained fro# the Aonoura%le S#all Causes Court %y the original ownerJ

th
January 443 and
3K
th

9at agreed to %e allotted on second 9oor of %uilding OAS,

said plot of land for the tenants6occupants of the e-isting structuresJ

dated 3!
th
May& 44K on 55555555555 and have o%tained Co##ence#ent Certi@cate dated
555555555 fro# MCBM and have co##enced and co#pleted construction of HFG %uilding for
occupation certi@cate dated 55555555 in respect thereof, Copy of +ccupation Certi@cate is
anne-ed hereto #arked 7nnexed"II

(, +ne S#t, Manora#a Vithal Mahadik was a tenant in use and occupation of a roo#
%earing No, DK ad#easuring on or a%out D?? sE, ft, .F, P,0 on the ground 9oor lying and
situated on the said plot of land .hereinafter referred to as tenanted pre#ises0 %y paying
#onthly rent of Rs,?6= and in pursuance to consent ter#s dated ?4
th
Dece#%er& 44 @led
in the Court of S#all Causes at Mu#%ai in R,A,C, Suit No,3I of 44 and consent decree
o%tained on ?!,?,443 .hereinafter referred to as Osaid consent decreeO0 wherein it is&
agreed to provide one self contained 9at of eEuivalent area in the %uilding to %e constructed
to provide per#anent alternative acco##odation to all tenants6occupants therein
ad#easuring D?? sE, ft, .F, P,0 free of cost and on ownership %asis to the 'enantSs and on
other ter#s and conditions contained therein, Copy of decree dated ?!,?,443 is enclosed
herewith #arked 7nnexure IDIK
M, 'he said S#t, Manora#a Vithal Mahadik died intestate on 3?
th
Fe%ruary& 3??
leaving %ehind the 'enant Aolder.s0 herein as her only legal heirs6 representative and
accordingly the 'enant Aolder.s0 are only entitled to the %ene@t arising under said consent
decree& #ore speci@cally& %eing allot#ent of one self contained 9at in %uilding OFO
constructed on a portion of said plot delineated %y green colour in plan #arked 7nnexure
I=I attached hereto,
th
%y the +wners and 8ro#oters& all 9ats in %uilding SFS to %e known as 55555555555have %een
allotted to the tenants %y draw of lots and accordingly 9at No, 5555 on the 5555 9oor in :ing
555555 of %uilding SFS ad#easuring D?? sE, ft, .F, P,0 has %een allotted to the 'enant hereinJ

+, 'he 8ro#oters have su%#itted the a#ended plans for HAG %uilding and have also
o%tained the )+D %earing No, 5555555555555555 and have o%tained Co##ence#ent Certi@cate
dated 55555555555 fro# MCBM and accordingly have co##enced construction of HAG %uilding
for sale to the prospective purchasers to %e known as ;Sunset Aeights< co#prising of stilt
and ? upper 9oors on the said plot of land in accordance with the sanctioned plans and
per#issionJ

8, )n ter#s of the a%ove recited Develop#ent Agree#ent& the 8ro#oters are further

$, )t is intended that in due course& after the develop#ent of %uilding SAO viL, OSunset
together with the %uilding ;Sunset AeightsO and 555555555 would %e conveyed in favour of
the separate Co=operative Society to %e for#ed %y the persons who purchase the pre#ises
in the Fuilding SAS viL, OSunset AeightsO All the Flat 8urchasers of the said %uilding SAS would
%e co#e its #e#%ers, A separate co=operative society of all 9at holders in %uilding SFS to %e
known as 555555555 would %e for#ed and the Fuilding SFS alongwith land %eneath SFS shall %e
given on lease of Re,6= per annu# to such society %y the society for#ed of 9at holders of
%uilding SASJ

R, 'he 8ro#oters have entered into a prescri%ed Agree#ent with the Architect& M6s,
Aparna Consultants registered with the Council of Architects and also appointed 555555555555
as Structural Cngineers for preparing structural designs and drawings and speci@cations of
the %uilding and the Flat Aolder.s0 accepts the professional supervision of the said Architect
and the said structural Cngineer till the co#pletion of the %uilding unless otherwise changedJ

S, 'he 'enant Aolder.s0 have de#anded fro# the 8ro#oters6+wners and the
8ro#oters6+wners have given inspection to the 'enant Aolder.s0 of all the docu#ents of title

', A copy of the Certi@cate of 'itle issued %y Ms, Joyita Mitra& Advocate R Solicitor of the
copy of the 9oor plan of the 9at agreed to %e purchased %y the 'enant Aolder.s0 approved %y
the concerned local authority have %een anne-ed hereto and #arked 7nnexures 6<8> 6$8
and 6E8 respectively, 'he list of a#enities provided in the said 9at is enclosed herewith
#arked 7nnexure I=I

P, :hile sanctioning the said plans for the said %uilding the concerned local authorities

V, Accordingly the 8ro#oters have reserved 9at on the 5555 9oor of the %uilding SFS to %e
known as 5555555 constructed as per plan attached hereto #arked 7nnexure IEI to the
'enantSs Aolder.s0 to %e allotted& free of cost and on +wnership %asis,

:, 'he parties hereto have agreed to e-ecute these presents in respect of the Flat,

N+: 'A)S ABRCCMCN' :)'NCSSC'A AND )' )S ABRCCD F7 AND FC':CCN 'AC 8AR')CS
ACRC'+ AS F+((+:S2=

, )t is agreed that all the aforesaid recitals shall for# integral and operative part of this
presents as if the sa#e have %een set out ver%ati# herein,

8lot of land delineated %y green colour in the plan #arked 7nnexure L=L #ore particularly
descri%ed in the Schedule hereunder written under in accordance with the plans

D, 'he 8ro#oters have constructed %uilding ;F< on the said plot of land de#arcated in
the layout plan hereto anne-ed as 7nnexure L=I and #ore particularly descri%ed in the
Schedule hereunder written in accordance with the plans speci@cations and designs
approved %y FMC which have %een seen and approved %y the 'enantSs with only such
9at& of the 'enantSs,

I, 'he 8ro#oters here%y agrees to transfer& assign handover and allot to the 'enant
Aolder.s0 Flat on the 5555 9oor :ing 5555 of the %uilding SFS having total %uilt=up area of
appro-, D?? sE, ft, and %ounded %y RCD C+(+PR F+PNDR7 ()NC on the typical 9oor plan
hereto anne-ed and #arked as 7nnexure 6<8 .hereinafter collectively referred to as Othe
said 9atO0 free of cost and on ownership %asis and the 'enantSs agrees to take over and
accept the aforesaid allot#ent6transfer in pursuance to the said consent decree,

>, 'he 'enant Aolder.s0 /ointly and severally declare& con@r# and record that the
+wners have co#plied and discharged with all the o%ligations undertaken to %e co#plied %y
the original owners fully and eTectively and to the co#plete satisfaction of each the# under
the said consent ter#s and said consent decree and that he6she6they shall hereafter have no
clai#6de#and under the said consent decree of whatsoever nature or otherwise in any
#anner whatsoever against the original owner and6or +wners68ro#oters herein and that
'enant Aolder.s0 and each of the do and doth here%y /ointly and severally inde#nify and
keep the 8ro#oters and6or +wners inde#ni@ed against any such clai#6de#and %eing #ade
%y any person clai#ing any right& interest through or under the# at any ti#e hereafter,

of 9ats6garages6parking space under stilt& if any in the %uildings to %e constructed on the
nature of their title to the said land as well as encu#%rances& if any& including any right& title
interest of clai# of any party in or over the said land and shall& as far as practica%le and
su%/ect to what is stated hereinafter& ensure that the said land is free fro# all encu#%rances
and that the 8ro#oters have clear and #arketa%le title to the said land so as to ena%le
the# to convey in favour of the said society6li#ited co#pany such clear and #arketa%le title
on the e-ecution of a Deed of Conveyance,



4, )##ediately on e-ecution of this presents the 8ro#oters with the consent of the
+wners have handed over vacant& Euiet and peaceful possession of the said 9at to the
'enant Aolder.s0& in full and @nal settle#ent of all her6his6their clai#s6 %ene@ts6de#ands in
respect of said tenanted pre#ises and arising under said Consent ter#s and said Consent
decree of whatsoever and against the +wners68ro#oters and the 'enant Aolder.s0 declare
that he6she6their have taken possession of the said 9at and are co#pletely satis@ed with the
work#an shop a#enities and Euality of a#enities provided in the said 9at which are in
confor#ity with the said consent ter#s and further discharge the original owner fro# the
o%ligations stipulated in said consent ter#s,

%uilding are those as set out in the Second Schedule hereunder written, 'he 'enant
Aolder.s0 has6have satis@ed hi#self6herself 6the#selves a%out the design of the said
pre#ises and also a%out the speci@cations and a#enities to %e provided therein and the
'enant Aolder.s0 further con@r#s that the a#enities provided are in con@r#ing with the said
consent ter#s and as such con@r# the original +wners have co#plied with their o%ligations
and perfor#ed fully in ter#s of said consent ter#s,

the 'enant Aolder.s0 in the co##on area and facilities li#ited or otherwise pertaining to the

3, 'he 'enant Aolder.s0 and his6her6their no#inee shall use the 9at or any part thereof
only for the purpose of residence,

D, 'he 'enant Aolder.s0 shall hereafter %e lia%le to %ear and pay the proportionate
share i,e, in proportion to the 9oor area of the 9at of outgoings in respect of the said land
and %uilding6s na#ely local ta-es& estate pre#iu#& %etter#ent charges or such other
%uilding SAS and land %eneath the society, Pntil the society is for#ed and the %uilding SFS and
land %eneath it %eing leased to it& the 'enant Aolder.s0 shall pay to the 8ro#oters
proportionate share of outgoings as #ay %e deter#ined, 'he 'enant Aolder.s0 undertake to
pay such proportionate share of outgoings regularly and shall not withhold the sa#e for any
reason whatsoever,

I, 'he Flat 8urchasers in %uilding SAS and 'enantSs in Fuilding SFS shall for# separate
Co=operative Societies of their respective %uildings, 'he 8ro#oters shall cause the +wners to
operative Society for#ed %y 9at holders in %uilding SaS and which Co=operative Society in
in HFG %uilding in respect of Fuilding SFS and land %eneath it, 'he 'enant Aolder.s0 is aware
of the sa#e and gives his6her6their No +%/ection for the sa#e, +n separate Co=operative
Society %eing registered the rights of the Flat 8urchasers as the purchaser of the said
pre#ises and 'enant Aolder.s0 will %e registered and regulated %y the provisions of the said
Co=operative Society and the Rules and Regulations fra#ed %y the#& %ut su%/ect to the
ter#s of this Agree#ent,

envisaged herein and for the purpose fro# ti#e to ti#e sign and e-ecuted the application
for registration and6or #e#%ership and other paper and docu#ents necessary for the
for#ation and the registration of a society and for %eco#ing a #e#%er& including the %ye=
laws of the proposed society and duly @ll in& sign and return to the 8ro#oters within four
days of the sa#e %eing forwarded %y the Developers to the 'enant Aolder.s0& so as to ena%le
the 8ro#oters to register the society of the Flat Aolder.s0 under section ? of the said Act
within the ti#e li#it prescri%ed %y rule " of the Maharashtra +wnership Flats .Regulation of
the 8ro#otion of Construction& Sale& Manage#ent and 'ransfer0 Rules& 4KI or the
co#pletion of develop#ent of %uildings whichever is later, No +%/ection shall %e taken %y
the 'enant Aolder.s0 if any changes or #odi@cations are #ade in the draft %ye=laws as #ay
%e reEuired %y the Registrar of Co=operative Societies or any other co#petent Authority, 'he
rights of #e#%ers of the Co=operative Society %eing su%/ect to the rights of the 8ro#oters
under this Agree#ent and the vesting docu#ents to %e e-ecuted in pursuance thereof,
:hen the Co=operative Societies is registered and when all the a#ounts due and paya%le to
the 8ro#oters in respect of all the 9ats and other pre#ises in the %uildings are paid in full as
aforesaid& the 8ro#oters shall .su%/ect to their o%taining the per#ission reEuired under the
keeping with this Agree#ent and the rights of the 8ro#oters contained in this Agree#ent of
the said property descri%ed in the First Schedule hereunder written0 e-ecuted 'he Flat
8urchaser shall not raise any o%/ection and6or the clai# any co#pensation& thereof& if the
area per#itted to %e conveyed is less than the area shown in the First Schedule hereunder
written,

8ro#oters& %ut to the e-clusion of the 'enant Aolder.s0& %e entitled to consu#e additional FS)
society,

%uildings are co#pleted viL, Fuilding A R F& and two proposed a co=operative housing
additions& structures and storeys and terrace thereon will su%/ect to the right of the owners
and 8ro#oters as provided in said Agree#ent& %e the sole property .to the e-clusion of the
'enant Aolder .s0 of the 8ro#oters and owners who will %e entitled to dispose it oT in any
way they choose and the 'enant Aolder.s0 here%y consents to the sa#e and agrees not to
raise any o%/ection for whatsoever reason to the sa#e, 'his consent shall %e considered to
%e 9at 8urchaserSs consent conte#plated %y section !.i0.ii0 of 'he Maharashtra +wnership
Flats Rule& 4KI,

", 'he 'enant Aolder.s0 shall have no clai# whatsoever e-cept in respect of the
particular 9at here%y agreed to %e acEuired, All the open spaces& unallotted 9ats and other
spaces in the %uilding& etc, will re#ain the a%solute property of the 8ro#oters6+wners and
the 8ro#oters if so desire& #ay /oin in as the #e#%ers of the Co=operative Society in respect
of such unallotted 9ats and other pre#ises and shall have full right a%solute power and
authority to deal with and to sell& transfer& lease& let or otherwise dispose of the sa#e in any
#anner and for such consideration& and on such ter#s and conditions& as they #ay in their
sole and a%solute discretion dee# @t and proper and the Co=operative Society shall %e
%ound to ad#it as #e#%ers& the purchasers of such pre#ises without charging in any
pre#iu# or other e-tra pay#ent or charges,


3?, 'he 'enant Aolder.s0 with intention to %ind all person into whosoever hands the 9at
#ay co#e& doth here%y covenants with the 8ro#oters6+wners as follows 2=

a0 'o #aintain the said 9at at 'enant Aolder.s0 own cost in good tenanta%le repair and
to %e done in or to %e %uilding in which the said 9at is situated staircase or any passages
authority or change6alter or #ake additions in or to the %uilding in which the said 9at

%0 Not to store in the 9at any goods which are of haLardous& co#%usti%le or dangerous
authority and shall to carry on %e carried heavy packages to upper 9oors which #ay
da#age or likely to da#ages the staircase& co##on passages or any other structures of the
%uilding in which the 9at is situated including entrances of the %uilding in which the 9at is
situated and in case any da#age is caused to the %uilding in which the 9at is situated or the
9at on account of negligence or default of the 'enant Aolder.s0 in this %ehalf& the 'enant
Aolder.s0 shall %e lia%le for the conseEuences of the %reach,

c0 'o carry at his6her6their own cost all internal repairs to the said 9at and #aintain the
9at in the condition& state and order in which it was delivered %y the 8ro#oters to the 'enant
Aolder.s0 and shall not do or suTering to %e done anything in or to the %uilding in which the
9at is situated or the 9at which #ay %e given the rules and regulations and %ye=laws of the
concerned local authority or other pu%lic authority& in the event of the 'enant Aolder.s0
co##itting any act in contravention of the a%ove provision& the 'enant Aolder.s0 shall %e

d0 Not to de#olish or cause to %e de#olished the 9at or any part thereof& nor at any
ti#e #ake or cause to %e #ade any addition or alterations of whatever nature in or to the
9at or any part thereof& nor any alteration in the elevation and outside colour sche#e of the
%uilding OFS in which the 9at is situated and shall keep the portion& sewers& drains& pipes in
the 9at and appurtenance thereto good tenanta%le repair and condition and in particular so
as to support shelter and protect the other parts of the %uilding in which the 9at is situated
and shall not chisel or in any other #anner da#age to colu#ns& %ea#s& walls& sla%s or RCC&
8aradis& or other structural #e#%ers in the 9at without the prior written per#ission of the
8ro#oters and6or the society,

any insurance of the said land and the %uilding in which the 9at is situated or any part
thereof or where%y any increase pre#iu# shall %eco#e paya%le in respect of the insurance,


g0 8ay to the 8ro#oters within seven days of de#and %y the 8ro#oters his 6her6their
share of security deposit de#anded %y concerned local authority or Bovern#ent for giving
water& electricity or any other service connection to the %uilding in which the 9at is situated,

levys if any& which are i#posed %y the concerned local authority and6or Bovern#ent and6or
other pu%lic authority& on account of changes of user of the 9at %y the 'enant Aolder.s0 viL,
under for any purpose other than for residential purpose,

i0 'he 'enant Aolder.s0 shall not let& su%=let& transfer& assign or part with 'enant
AolderSs interest or %ene@t factor of this Agree#ent or part with the possession of the 9at
until all the dues paya%le %y the 'enant Aolder.s0 to the 8ro#oters under this Agree#ent are
fully paid=up and only if the 'enant Aolder.s0 had not %een guilty of %reach of or non=
o%servance of any of the ter#s and conditions of this Agree#ent,

/0 'he 'enant Aolder.s0 shall o%serve and perfor# all the rules and regulations which
the society #ay adopt at its inception and the additions& alterations or a#end#ents thereof
govern#ent and other pu%lic %odies, 'he 'enant Aolder.s0 shall also o%serve and perfor# all
the 9at in the %uilding and shall pay and contri%ute regularly and punctually towards the
ta-es e-penses or other outgoings in accordance with the ter#s of this Agree#ent,

k0 'he 'enant Aolder.s0 here%y agrees that in the event of any a#ount %y way of
pre#iu# including co##uted estate pre#iu# pertaining to ground rent paya%le to the
Municipality or to the State Bovern#ent or %etter#ent charges or develop#ent ta- or any
other ta- or pay#ent of a si#ilar nature %eco#ing paya%le %y the 8ro#oters in respect of
the said %uilding SFS& the sa#e shall %e rei#%ursed %y the 8ro#oters in proportion to the
area of the said pre#ises agreed to %e purchased %y the 'enant Aolder.s0 %ears to the area
of the whole %uilding SFS and in deter#ining such a#ount the decision of the 8ro#oters shall
%e conclusive and %inding upon the 'enant Aolder.s0,

l0 'ill vesting docu#ents are e-ecuted in the #anner envisaged hereto the 'enant
Aolder.s0 shall per#it the 8ro#oters6+wners and their surveyors and agents& with or without



.%0 At present the said %uilding SAS will %e co#prising of 55555555 upper 9oors or as
#ay%e sanctioned %y the MCBM fro# ti#e to ti#e& however the aforesaid additional
construction shall %e as per#issi%le %y the MCBM& DC Rules and Regulations and other
applica%le laws fro# ti#e to ti#e, All such constructions shall %e on account of and for the
%ene@t of the 8ro#oters6+wners alone& who shall %e entitled to deal with and dispose of the
sa#e as the 8ro#oters6+wners #ay desire6decide, 8rovided always and it is here%y
e-pressly agreed that the 'enant Aolder.s0 shall not co#plain a%out and shall have to %ear
with the inconvenience& noise& irritation or nuisance caused to hi#6her6the# as and when
the 8ro#oters6+wners undertake the additional construction and here%y grants his6her6their
irrevoca%le consent to the sa#eJ

such propertyJ


for such purpose so as to reach the water tank of the %uildings, 'he 'enant Aolder.s0 of such
%y law, Aowever& the 'enant Aolder.s0 shall not enclose or cover the said terrace without the

'enant Aolder.s0 herein accepts that he6she6they shall not %e entitled to clai# any right& title
or interest whether %y way of ease#ent or otherwise into or upon the said terrace space
allotted e-clusively to any other Flat 8urchasers6'enant Aolder.s0, Such terrace space shall
%e #aintained and repaired e-clusively %y the Flat 8urchasers to who# the sa#e are
allotted and the sa#e shall %e kept in good clear and tenanta%le condition at all ti#es %y
the#J

.g0 Su%/ect to the ter# in this %ehalf agreed %y the 8ro#oters with the said +wners in

the 8ro#oters0 is not altered and the a#enities set out in the Second Schedule hereunder
written are not altered& the 8ro#oters shall %e at li%erty and are there%y per#itted to #ake
reEuire0, 'he 'enant Aolder.s0 e-pressly here%y consents to all such variations,

33, )t is further agreed %etween the 8ro#oters and the 'enant Aolder.s0 that at the ti#e
of e-ecution of conveyance in favour of the co=operative housing society and si#ultaneous
lease of %uilding SFS as envisaged the 'enant Aolder.s0 and6or the said society shall
rei#%urse to the 8ro#oters all the )+D deposits and other refunda%le deposits paid %y the
8ro#oters in respect of the said %uilding,

3D, At the ti#e of registration of the aforesaid docu#ent the +wners68ro#oters shall
%ear6pay the 'enant AolderSs share of sta#p duty and registration charges paya%le& if any&
%y the said society on the assign#ent6lease or any docu#ent or instru#ent of transfer in
society,

acEuired %y the 'enant Aolder.s0 for any outstanding dues of the 'enant Aolder.s0,

including sta#p duty registration charges and other e-penses in connection with the

9ats& car parking spaces& pre#ises& etc in %uilding SAS, save and e-cept the #unicipal ta-es
with eTect fro# the date of grant of occupation6co#pletion certi@cate, 8rovided however in

3!, 'he Flat 8urchaser has taken inspection of all relevant docu#ents and has satis@ed

displaying hoarding6advertise#ents thereon& or putting up any overhead water tank6s
sa#e to the Flat 8urchaser& or the said societies& and neither the Flat 8urchaser.s0 nor the
any o%/ection and6or create any hindrance in any #anner whatsoever, 'he 'enant Aolder.s0
will per#it the authorised representative6s deputed %y the 8ro#oters6%oth co=operative
societies to go to the said co##on terrace to install& check up and6or service Dish Antenna
and6or any other electronic gadgets etc, and for repairs and #aintenance of the tank6s
and6or such other co##on facilities& at all reasona%le ti#es, )t is agreed that the aforesaid
rights in favour of the 8ro#oters shall %e covenants running with the land and shall for#
part of the conveyance and lease deed when e-ecuted in favour of the %oth co=operative
societies,

rear side of the said plot shall %e known as 555555555 this na#es shall not at any ti#e %e
altered or changed without the prior written consent and per#ission of the 8ro#oters,

D?, 'he 'enant Aolder.s0 here%y agree& undertake6s and covenant6s with the 8ro#oters
that neither he6she6they& nor the said societies shall at any ti#e hereafter li#it& curtail&
revoke& cancel or ter#inate any of the powers& rights& %ene@ts& interests& privileges or
authorities reserved %y& or granted to the 8ro#oters under this Agree#ent& or any other
deed& docu#ent or writing that #ay %e entered into and e-ecuted %etween the parties
hereto& or those of the 8ro#oters as #entioned herein& and the 'enant Aolder.s0 and %oth
the said societies shall %e %ound and lia%le to render to the 8ro#oters& all necessary
assistance and co=operation& to ena%le the# to e-ercise and avail of the sa#e,

part thereof, 'he 'enant Aolder.s0 shall have no clai# save and e-cept in respect of the 9at
here%y agreed to %e sold to hi#6her6the# and all terraces& open spaces& parking spaces&
lo%%ies& staircases& etc, su%/ect to the said agree#ent %etween owners and the 8ro#oters&
will re#ain the property of the 8ro#oters& until the said land and %uildings are transferred
to the society as hereina%ove #entioned,

this Agree#ent or any for%earance or giving of ti#e to the 'enant Aolder.s0 %y the
8ro#oters shall not %e construed as a waiver on the part of the 8ro#oters of any %reach of
nonco#pliance of any of the ter#s and conditions of this Agree#ent %y the 'enant Aolder.s0

or dispose of their right& title and interest in the said land heredita#ents and pre#ises and
in favour of the 'enant Aolder.s0,

DI, 'he 'enant Aolder.s0 shall present this agree#ent for registration within the ti#e

D>, All notices to %e served on the 'enant Aolder.s0 as conte#plated %y this Agree#ent
shall %e dee#ed to have %een duly served if sent to the 'enant Aolder.s0& %y registered post
A,D,6under certi@cate of posting at his6her address speci@ed %elow,

+wnership Act .Mah Act, No, QV of 4!0 and the rules #ade thereunder6said Act and the
rules #ade thereunder,

)N :)'NCSS :ACRC+F the parties hereto have hereunto set and su%scri%ed their respective
hands and the seal the day and the year @rst hereina%ove written,



'AC SCC+ND SCACDP(C AF+VC RCFCRRCD '+
(List Of Amenities)

7?79=9=I0< :B7D< /#:1 C:D1 0
Mr, 55555555555555555 0

;J91 /7D;7#7:I =DA9I0E D1 0
through its duly authorised 8artners 0
, 0

withinna#ed 'enant Aolder.s0 0
.0 55555555555555555555555555 0
.30 55555555555555555555555555 0
.D0 5555555555555555555555555550
.I0 5555555555555555555555555550

DA'CD 'A)S DA7 +F 3??D

AMASASA)NC 'RADC 8V', ('D,

8ADMAVA') A+PS)NB C+M8AN7
U,, the +wners
AND

55555555555555555555
,,,,,, the 'enant Aolder.s0

MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM
In respect of Flat No. ,,, on the ,,, foor of the !uildin "no#n as $-unset
.eihts' situate at (ra!hade)i* +u&!ai.

D<C7B7:ID0"A;"I0D<;0I:F

I> ;B91 E<<: ;7D=A?7B 9AB<#<> .ife of late Mr, Madhukar 7ashwant Surve of
Mu#%ai& )ndian )nha%itant& residing at F=55& Flat No, 55555& 55555 Floor& Aadish Apart#ents&
Aatiskar Marg& 8ra%hadevi& Mu#%ai I?? ?3> sole#nly declare and say as follows2

, ) say that #y hus%and Mr, Madhukar 7ashwant Surve was a #onthly tenant of Roo#
No, 555 on the 555555 9oor of the structure standing on +riginal 8lot No, 3! and Final 8lot
No, 3!D %earing C, S, No, I lying and situated at Cknath Aatiskar Marg& Mha/oor%hatwadi&
8ra%hadevi& Mu#%ai I?? ?3> .hereinafter referred to as ;the said tenanted pre#ises<0,
3, ) say that pursuant to the consent ter#s @led on 4
th
Dece#%er& 44& in the R,A,C,
Suit No, 55555 of 44 in the Court of S#all Causes at Mu#%ai and Consent decree o%tained
on !,3,44& M6s, 8ad#awati Aousing Co#pany .the Developer0 undertook to provide a
self contained 9at ad#easuring D?? sE, ft, %uilt=up area as per#anent alternate
acco##odation of ownership %asis free of cost to Mr, Madhukar 7ashwant Surve& the tenant
in lieu of his surrendering the said tenancy to the developer so as to ena%le the# to develop
the said property %y de#olishing the said tenanted structure and constructing two %uildings
thereon viL, Fuilding on the rear side of the plot for tenants and a %uilding on the front side
co#prising of 9ats to %e sold in the open #arket,

D, ) say that the said Madhukar 7ashwant Surve died intestate on 3D,?3,3??4 leaving
%ehind #e and Mr, Mahesh Madhukar Surve as his only legal heirs6representatives under the
law of succession at that ti#e %eing in force,

I, ) as the legal heirs6representative of said Mr, Madhukar 7ashwant Surve participated
in the draw held on >
th
January& 3??D in the presence of all tenants for allot#ent of @nal 9at
in the new %uilding %uilt on the rear side of the said plot as shown in the plan hereto
anne-ed and #arked in red colour %oundary wherein we have %een allotted a Flat No, 5555
on 555 9oor& :ing 555 in the said new %uilding ad#easuring D?? sE, ft, %uilt=up area
.hereinafter referred to as ;the said 9at<0,

>, ) have read understood and agreed to the contents of the agree#ent for alternate
acco##odation, ) a# aware that the sa#e is reEuired to %e e-ecuted %y #e /ointly with #y
son Mr, Shiva/i Da#odar Surve, ) state that due to diverse reasons i a# una%le to sign and
e-ecute the agree#ent for alternate acco##odation, ) state and declare that the dully
e-ecuted agree#ent alternate acco##odation %y Mr, Shiva/i Da#odar Surve shall %e
dee#ed to %e signed and e-ecuted %y #e and the sa#e shall %e %inding on #e /ointly with
Mr, Shiva/i Da#odar Surve,

K, ) here%y agree to inde#nify and keep inde#ni@ed the Developer its authoriLed
representatives& successors and assigns& against any clai#s& de#ands& notices& proceedings&
suits& actions of whatsoever nature that #ay %e #ade %y any person or party clai#ing %y&
through and under #e or otherwise for any tenancy& su%=tenancy or other rights of any
nature whatsoever in respect of the said tenanted pre#ises or any part thereof and for all
costs& charges& e-penses& lossess and da#ages that #ay %e incurred and6or suTered %y the
developers,

!, ) declare and con@r# that what is stated a%ove is a%solutely true, ) con@r# that on
the faith and strength of the a%ove& the Developer has allotted the said 9at to us as
per#anent alternate acco##odation and further that Developer shall %e entitled to deal
with the said tenanted pre#ises in such #anner as they dee# @t and proper& as their
a%solute property and that the said Developers have fully discharged their o%ligations
undertaken in the said consent ter#s to our satisfaction, 'his writing is irrevoca%le and
a%solutely %inding upon us as )ll as upon #y respective heirs& e-ecutors& ad#inistrators and
any person clai#ing under us,

Sole#nly declared at Mu#%ai 0
aforesaid this day of 3? 0
#7970:I D7;DD7B 9AB#< 0
in the presence of UUUUU, 0
!efore me>

D7:<D :=I9 D7F D$ 2011

D$ 9=I#7JI D7;DD7B 9AB#<


)& 22222222222222222222222222222> of Mu#%ai& )ndian )nha%itant residing at F=555& Flat No,
5555& 5555555 Floor& Adhish Apart#ent& Aatiskar Marg& 8ra%hadevi& Mu#%ai I?? ?3>& do
here%y declare on sole#n aNr#ation as under2

, 'hat 5555555555555555555555555 was a #onthly tenant of Roo# No, 5555 ad#easuring
?? sE, ft, .Fuilt=up area0 on the 55555 9oor .hereinafter referred to as 6t+e said tenanted
*remises80 of
the structure standing on +riginal 8lot No, 3! and Final 8lot No, 3!D %earing C, S, No, I
lying and situated at Cknath Aatiskar Marg& Mha/oor%hatwadi& 8ra%hadevi& Mu#%ai I?? ?3>
.hereinafter referred to as 6t+e said *ro*erty851

3, 'hat pursuant to the consent ter#s @led on 4
th
Dece#%er& 44& in the R,A,C, Suit
No, 555555 of 44 in the Court of S#all Causes at Mu#%ai and the Consent Decree o%tained
on !
th
January& 443& M6s, 8ad#avati Aousing Co#pany undertook to provide a self
contained 9at ad#easuring D?? sE, ft, %uilt=up area as per#anent alternate acco##odation
on ownership %asis& free of cost to Shri Faleshwar A/#er Jaiswar& %eing the tenant& in lieu of
his surrendering the aforesaid tenancy to M6s, 8ad#avati Aousing Co#pany so as to ena%le
the# to develop the said property %y de#olishing the said tenanted pre#ises and
constructing new %uildings thereon,

D, 'hat in ter#s of the Develop#ent Agree#ent dated 3>th +cto%er& 3?? #ade
%etween M6s, 8ad#avati Aousing Co#pany .;the said +wners<0 and Akashshine 'rade 8vt,
(td,& .;the said Developers<0& the said Developers have undertaken to construct a new
%uilding ;F< on the rear side to acco##odate tene#ents of the tenants6occupants on the
said property to %e allotted free of costs on ownership %asis to co#ply with the ter#s of said
consent ter#s dated !th January& 443,

I, 'hat Shri 55555555555555555555555 had participated in the draw held on >
th
January&
3??D in the presence of all the tenants for allot#ent of @nal tene#ent in the new %uilding
%uilt on the rear side of the said plot wherein he was allotted Flat No, 5555 ad#easuring D??
sE, ft, .%uilt=up area0 on the ground 9oor& wing F=555 in the said new %uilding .hereinafter
referred to as 6t+e said ,at80,

>, 'hat Shri 55555555555555555555555555 .hereinafter referred to as 6t+e said
deceased80 died intestate on 555555555 leaving %ehind #yself and 5555 sons na#ely Mr,
5555555555555555555555 as his only heirs and legal representatives as per the Aindu (aw %y
which he was governed at the ti#e of his death,

K, Fy and under an ANdavit cu# Declaration dated 555555555& all the three sons
na#ely Shri 5555555555555555555 of the deceased have released& disclai#ed and
relinEuished all their right& title and interest in the said tenanted pre#ises and have given
their irrevoca%le consent to the allot#ent of the said 9at as and %y way of per#anent
alternate acco##odation on Hownership %asisG in lieu of the said tenanted pre#ises& solely
in #y favour,

!, 'hat in view of the aforesaid& ) a# the only legal heir and representative of the said
deceased entitled to the said 9at and as such no other person.s0 has6have any right& title&
interest& clai# or de#and of whatsoever nature unto6upon the said 9at or any part thereof
and6or in respect of all the %ene@ts arising under the said consent ter#s,

", 'hat ) have inspected the work#anship a#enities& @ttings and @-tures provided in
the said 9at and the sa#e are to #y entire satisfaction and in accordance with the consent
ter#s referred to a%ove,

4, 'hat upon #y speci@c reEuest to the said +wners& the said +wners have caused the
Developer to e-ecute the agree#ent for per#anent alternate acco##odation in respect of
the said 9at solely in #y favour and have handed over possession of said 9at to #e and
which reEuest has %een accepted on #y e-press assurance to keep inde#ni@ed the +wners
and6or Developers in the #anner appearing hereafter,

?, ) here%y agree to inde#nify and keep inde#ni@ed the said Developers and6or
+wners against any tenancy clai# %eing #ade upon the said 9at or any part thereof that
#ay %e #ade %y any person.s0& fro#& through or under the deceased or %y any other person
at any ti#e hereafter including any clai#6de#and against6upon the Developers6+wners
and6or loss suTered %y or occasioned to the Developers and6or +wners for having allotted
the said 9at to #e and which otherwise they would not have suTered,

, ) here%y agree to inde#nify and keep inde#ni@ed the Developers6 +wners and6or
their authoriLed representatives& successors and assigns& against any clai#s& de#ands&
notices& proceedings& suits& actions of whatsoever nature that #ay %e #ade %y any person
or party clai#ing %y& through and under #e or otherwise for any rights of any nature
whatsoever in respect of the said 9at or any part thereof and for all costs& charges&
e-penses& losses and da#ages that #ay %e incurred and6or suTered %y the
Developers6+wners as a result of the aforesaid at any ti#e hereafter,

3, ) declare& state and con@r# that #y tenancy6occupancy rights and possession of the
said tenanted pre#ises stands irrevoca%ly ter#inated and surrendered in favour of the said
+wners,

D, ) further con@r# and record that the +wners have co#pletely and fully discharged all
their o%ligations under the Consent Decree dated !
th
January& 443 to #y co#plete
satisfaction and that ) have no clai#6de#and against the +wners under the said Consent
'er#s whatsoever and howsoever nature,

I, ) further declare that ) have #ade the aforesaid several aver#ents out of #y own
free will& voluntarily and without any threat& pressure& force& coercion& undue in9uence&
co#pulsion or induce#ent %y the +wner6Developer and6or any other person or persons on
#y %ehalf,

>, ) declare and con@r# that what is stated a%ove is a%solutely true, ) con@r# that on
the faith and strength of the a%ove& the Developers6+wners have allotted the said 9at to #e
as per#anent alternate acco##odation& in ter#s of the said consent ter#s,

K, 'his writing is irrevoca%le and a%solutely %inding upon #e as well as upon #y
respective heirs& e-ecutors and ad#inistrators,

aforesaid this day of 3?D 0
22222222222222222222222 0
in the presence ofU 0

)& sole#nly declare that this is #y na#e and signature and that the contents of this #y
declaration are true in the #anner stated a%ove,

Fefore #e&

)nde#ni@ed %y&
D7:<D :=I9 D7F D$ 2013

DCC(ARA')+N=CPM=)NDCMN)'7 +F
55555555555555555555555


:C& ;B1 9=I#7JI D7;DD7B 9AB#< and ;B91 #7970:I D7;DD7B 9AB#< %oth of
Mu#%ai& )ndian )nha%itant& residing at Roo# No, 3" on the Bround 9oor F %uilding& Cknath
Aatiskar Marg& Mha/oor%hatwadi& 8ra%hadevi& Mu#%ai I?? ?3> sole#nly declare and say as
follows2

, :e say that Mr, Da#odar 7eshwant Surve was a #onthly tenant of Roo# No, 3" on
the Bround 9oor of the structure standing on +riginal 8lot No, 3! and Final 8lot No, 3!D
%earing C, S, No, I lying and situated at Cknath Aatiskar Marg& Mha/oor%hatwadi&
3, :e say that pursuant to the consent ter#s @led on 4
th
Suit No, 3" of 44 in the Court of S#all Causes at Mu#%ai and Consent decree o%tained
on !,3,44& M6s, 8ad#awati Aousing Co#pany .the Developer0 undertook to provide a
self contained 9at ad#easuring D?? sE, ft, %uilt=up area as per#anent alternate
acco##odation of ownership %asis free of cost to Mr, Da#odar 7eshwant Surve& the tenant
in lieu of his surrendering the said tenancy to the developer so as to ena%le the# to develop
the said property %y de#olishing the said tenanted structure and constructing two %uildings
thereon viL, Fuilding on the rear side of the plot for tenants and a %uilding on the front side
co#prising of 9ats to %e sold in the open #arket,

D, :e say that the said Da#odar 7eshwant Surve died intestate on D6?K6444 leaving
%ehind us& %eing his wife Mrs, Vasanti Da#odar Surve and his son Mr, Shiva/i Da#odar Surve
the deponents a%ovena#ed& as his only legal heirs6representatives under the law of
succession at that ti#e %eing in force,

I, :e as the legal heirs6representative of said Mr, Da#odar 7eshwant Surve
participated in the draw held on >
th
January& 3??D in the presence of all tenants for allot#ent
of @nal 9at in the new %uilding %uilt on the rear side of the said plot as shown in the plan
hereto anne-ed and #arked in red colour %oundary wherein we were allotted a Flat No, ?D
on
st
9oor& :ing 555 in the said new %uilding ad#easuring D?? sE, ft, %uilt=up area
.hereinafter referred to as ;the said 9at<0,

>, :e have inspected the work#anship a#enities and @ttings @-tures provided in the
said 9at and the sa#e are to #y entire satisfaction and in accordance with the consent

K, :e are aware that upon shifting fro# te#porary acco##odation& the Developer
shall de#olish the te#porary acco##odation and construct a %uilding on the front side of
the plot and the developer has the unfettered right to sell6transfer6lease6assign the 9ats in
the said new %uilding in the front portion of the plot and shall %e entitled to appropriate the
sale proceeds received therefro# at their a%solute discretion and as they #ay dee# @t and
proper,

!, :e here%y grant uneEuivocal consent to the Developer to de#olish said tenanted
structure and to construct another new %uilding in the front portion of the said plot #arked
in green colour %oundary on the plan anne-ed hereto,

", :e further say that we shall neither create any i#pedi#ent nor o%struct the
construction of the said %uilding in the front portion of the plot as aforesaid on the grounds
of nuisance or otherwise,

4, :e say that %eside us no other person6s has any share right or interest in the
tenancy of the said Mr, Da#odar 7eshwant Surve who died intestate, :e undertake to
inde#nify and keep inde#ni@ed the said Developers against any clai# to the tenancy of the
said Mr, Da#odar 7eshwant Surve or any share or interest therein that #ay %e #ade %y any
person clai#ing %y fro# through or under hi# or %y any other person at any ti#e hereafter,

?, :e con@r# and declare that 2=

.a0 C-cept for ourselves& no other person has any right of occupancy& tenancy& licence or
otherwise in respect of the said tenanted pre#ises or any part thereof, :e further con@r#
and declare that we have %een a%solutely entitled to surrender the tenancy and all right&
title and interest in the said tenanted pre#ises and to hand over vacant and peaceful
possession thereof to the aforesaid DevelopersJ

.%0 :e have neither during the period of #y tenancy6occupancy in respect of the said
tenanted pre#ises or otherwise created any adverse right& title and interest of any nature
whatsoever in favour of any person or part nor have created any third party right therewith
or any part thereof at the ti#e of surrender and vacation of the said tenanted pre#ises or
any part thereon,

.c0 'he handing over of vacant and peaceful possession of the said tenanted pre#ises
has %een done and co#plied with #y full consent& free will& voluntarily and without any
threat& pressure& co#pulsion or induce#ent %y the aforesaid Developer and6or any other
person or persons on their %ehalf,

, :e here%y agree to inde#nify and keep inde#ni@ed the Developer its authoriLed
through and under #e or otherwise for any tenancy& su%=tenancy or other rights of any
developers,

3, :e declare and con@r# that what is stated a%ove is a%solutely true, :e con@r# that
on the faith and strength of the a%ove& the Developer has allotted the said 9at to us as
per#anent alternate acco##odation and further that Developer shall %e entitled to deal
with the said tenanted pre#ises in such #anner as they dee# @t and proper& as their
a%solute property and that the said Developers have fully discharged their o%ligations
undertaken in the said consent ter#s to our satisfaction, 'his writing is irrevoca%le and
a%solutely %inding upon us as well as upon #y respective heirs& e-ecutors& ad#inistrators
and any person clai#ing under us,

aforesaid this day of 3? 0
9=I#7JI D7;DD7B 9AB#< 0
#7970:I D7;DD7B 9AB#< 0
in the presence of UUUUU, 0 !efore me>
D7:<D :=I9 D7F D$ 2011

D$ 9=I#7JI D7;DD7B 9AB#<


:e& 555555555555555555555555555555555555555555555555555555555 all of Mu#%ai& )ndian
)nha%itant& residing at Mha/oor%hat :adi& S, C, Aatiskar Marg& 8ra%hadevi& Mu#%ai I?? ?3>
sole#nly declare and say as follows2

, :e say that Manora#a Vithal Mahadik was a #onthly tenant of Roo# No, DK on the
ground 9oor of the structure standing on +riginal 8lot No, 3! and Final 8lot No, 3!D
%earing C, S, No, I laying and situated at Cknath Aatiskar Marg& Mha/oor%hatwadi&

3, :e say that pursuant to the consent ter#s @led on 4
th
Suit No, 3I of 44 in the Court of S#all Causes at Mu#%ai M6s, 8ad#awati Aousing
Co#pany .the Developer0 undertook to provide a self contained 9at ad#easuring D?? sE, ft,
%uilt=up area as per#anent alternate acco##odation of ownership %asis free of cost to
Manora#a V, Mahadik the tenant in lieu of hi#6us surrendering the said tenancy to the
developer so as to ena%le the# to develop the said property %y de#olishing the said
tenanted structure and constructing two %uildings thereon viL, Fuilding on the rear side of
the plot for tenants and a %uilding on the front side co#prising of 9ats to %e sold in the open
#arket,

D, :e say that the said Manora#a Vithal Mahadik %eing our #other died intestate on
3?
th
Fe%ruary& 3?? leaving %ehind us viL, .0 San/ay Vithal Mahadik& .30 8rita# Vithal
Mahadik& .D0 Sushil Vithal Mahadik& .I0 Sanil Vithal Mahadik and .>0 Sheetal Sunil Surve as
his only legal heirs6representative under the law at that ti#e %eing in force,

I, :e as the legal heirs6representative of 8rita# Vithal Mahadik participated in the
draw held on >
th
January& 3??D in the presence of all tenants for allot#ent of @nal 9at in the
new %uilding %uilt on the rear side of the said plot as shown in the plan hereto anne-ed and
#arked in red colour %oundary wherein we were allotted a Flat No, I?3 on I
th
9oor& wing F3
in the said new %uilding ad#easuring D?? sE, ft, %uilt=up area .hereinafter referred to as ;the
aid 9at<0,

>, :e have inspected the work#anship a#enities and @ttings @-tures provided in the
said 9at and the sa#e are to our entire satisfaction and in accordance with the consent

K, :e are aware that upon our shifting fro# te#porary acco##odation& the Developer
shall de#olish the te#porary acco##odation and construction a %uilding on the front side
of the plot and the developer shall have the unfettered right to sell6transfer6lease6assign the
9ats in the said new %uilding in the front portion of the plot and shall %e entitled to
appropriate the sale proceeds received there fro# at their a%solute discretion and as they
#ay dee# @t and proper,

!, :e here%y grant uneEuivocal consent to the Developer to de#olish said tenanted
structure and to construct another new %uilding in the front portion of the said plot #arked
in green colour %oundary on the plan anne-ed hereto,

", :e further say that we shall not create i#pedi#ent nor o%struct the construction of
the said %uilding in the front portion of the plot as aforesaid on the grounds of nuisance or
otherwise,

4, :e say that %eside ourselves no other person6s has any share right or interest in the
tenancy of the said 555555555555555 died intestate, :e inde#nify and keep inde#ni@ed the
said Developers against any clai# to the tenancy of the said 55555555555555555555 or any
clai# to the tenancy of the said 555555555555555555 or any share or interest therein that #ay
%e #ade %y any person clai#ing %y fro# through or under hi# or %y any other person,

?, :e con@r# and declare that 2=

.a0 C-cept for ourselves& no other person had any right of occupancy& tenancy& licence
or otherwise in respect of the said tenanted pre#ises or any part thereof, :e further con@r#
and declare that we have %een a%solutely entitled to surrender the tenancy and all right&
title and interest in the said tenanted pre#ises and to hand over vacant and peaceful
possession thereof to the aforesaid DevelopersJ

.%0 :e have neither during the period of our tenancy6occupancy in respect of the said
tenanted pre#ises or otherwise created any adverse right& title and interest of any nature
whatsoever in favour of any person or part nor have created any third party right therewith
or any part thereof at the ti#e of surrender and vacation of the said tenanted pre#ises or
any part thereon,

.c0 'he handing over of vacant and peaceful possession of the said tenanted pre#ises
has %een done and co#plied with our full consent& free will& voluntarily and without any
threat& pressure& co#pulsion or induce#ent %y the aforesaid Developer and6or any other
person or persons on their %ehalf,

, :e here%y agree to inde#nify and keep inde#ni@ed the Developer its authoriLed
through and under #e6us or otherwise for any tenancy& su%=tenancy or other rights of any
developers,

3, :e declare and con@r# that what is stated a%ove is a%solutely true, :e con@r# that
on the faith and strength of the a%ove& the Developer has allotted the said 9at /ointly to us
as per#anent alternate acco##odation and further that shall %e entitled to deal with the
said tenanted pre#ises in such #anner as they dee# @t and proper& as their a%solute
property, 'his writing is irrevoca%le and a%solutely %inding upon us as well as upon our
respective heirs& e-ecutors& and ad#inistrators,

aforesaid this 555 day of 5555555555555555 3??D 0
5555555555555555555555555555555555555 0
5555555555555555555555555555555555555 0
in the presence of UUUUU, 0

Fefore #e&
)nde#ni@ed %y&

DCC(ARA')+N=CPM=)NDCMN)'7

) 5555555555555555555555555& aged 555 years of Mu#%ai )ndian )nha%itant& residing at 555& Flat
No, 5555 & 55555 Floor& Adhish Apart#ent& Aatiskar Marg& 8ra%hadevi& Mu#%ai I?? ?3> do
here%y& /ointly and severally state& declare and con@r# on sole#nly aNr#ation as under2
, ) state that #y father 55555555555555555555555555555 .hereinafter referred to as ;the
deceased<0 was a tenant in use and occupation of the Roo# %earing No, 5555 ad#easuring
on or a%out 55555 sE, ft, .FPA0 on the ground 9oor .hereinafter referred to as 6t+e tenanted
*remises80 of the structures standing on the plot of land lying and situate at Cknath
Aatiskar Marg& %earing +riginal 8lot No, 3! and Final 8lot No, 3!D of '8S )V& Mahi# and
%earing C,S, No,I of Mahi# Division ad#easuring 34I3 sE, yds, or therea%outs viL, 3IK?
sE, #trs, .hereinafter referred to as 6t+e said *lot of land80 %y paying a #onthly rent of
Rs,55555555555556= .Rupees 555555555555555555555 only0 and in pursuance of the consent ter#s
dated !
th
Dece#%er& 44 @led in the Court of S#all Causes at Mu#%ai in R,A, C, Suit No,
3?4 of 44 and the consent decree o%tained on !th January& 44 .hereinafter referred to
as ;the said consent decree<0 wherein& it is agreed to provide one self contained 9at of
eEuivalent area in the %uilding to %e constructed to provide per#anent alternate
acco##odation to all the tenants6occupants therein ad#easuring D?? sE, ft, .FPA0 free of
costs and on ownership %asis to the 'enants and upon other ter#s and conditions set out
therein,

3, ) state that the deceased had participated in the draw held on >
th
January& 3??D in
the presence of all the tenants for allot#ent of @nal tene#ent in the new %uilding %uilt on
the rear side of the said plot wherein he was allotted Flat No, I? ad#easuring D?? sE, ft,
%uilt=up area on the fourth 9oor& wing F3 in the said new %uilding standing on the said plot
of land and #ore particularly descri%ed in the Schedule hereunder written .hereinafter

D, ) state that Mr, 555555555555555555555555 died intestate on 55555555555555 leaving
%ehind his wife viL, 5555555555555555555& #yself and #y %rother viL, 55555555555555555555 as
his only heirs and legal representatives as per the Aindu Succession Act& 4>K %y which he
was governed at the ti#e of his death, 'hereafter #y %rother viL, 555555555555555555 also
died intestate on 555555555555, ) further state and declare that #y %rother viL,
55555555555555555555555 was un#arried at the ti#e of his death, A copy of his death
certi@cate is hereto anne-ed and #arked as 700<@AB< 6781

I, ) here%y uneEuivocally renounce& disclai#& relinEuish and release all #y right& title&
interest and de#and in the said 9at to %e allotted to #y father viL, 55555555555555555555
a%solutely and forever in favour of #y #other 555555555555555555555555 and further declare
and record that ) shall have no right& title and interest in the sa#e at any ti#e hereafter,

>, ) here%y give #y unconditional and irrevoca%le consent and further state and declare
that ) have no o%/ection to the allot#ent of the said 9at solely in favour of #y #other ViL,
55555555555555555555555555555555555,

K, ) here%y con@r# and reiterate that ) have no right& title and interest into or upon the
said 9at or any part thereof in the new %uilding known as 5555555 Apart#ent<,

!, ) here%y con@r# and record that these aver#ents are %inding upon #y respective
heirs& e-ecutors and ad#inistrators,

", ) here%y agree to inde#nify and keep the +wner 6 Developer inde#ni@ed fro# and
against all actions& losses& costs& charges& e-penses& clai#s and de#ands whatsoever to
which the +wner6 Developer shall or #ay %eco#e su%/ect or lia%le or suTer or incur in
respect of the said 9at on account of any person.s0 clai#ing any tenancy rights or any other
right title& interest in the said 9at or any part thereof through #e or any of #y respective
heirs& e-ecutors or ad#inistrators and6or in the event of any of the a%ove#entioned
state#ents& declarations and representations %eing found untrue or false,

4, ) here%y declare and con@r# that ) have given this declaration our own free will&
voluntarily and without any threat& pressure& coercion& undue in9uence& co#pulsion or
induce#ent %y any person or persons on that %ehalf and that whatever is hereina%ove is
a%solutely true and correct to #y own knowledge,

?, ) state and declare that whatever has %een stated hereina%ove true to #y own
knowledge and no part of it is false and nothing %een concealed,

I0 GI:0<99 G=<B<D$& we have hereunto set #y hands this 555555555 day of 5555555555
3?D,

:=< 9=<DAC< 7!D#< B<$<BB<D :DH
4Descri*tion of t+e 6t+e said ,at85

Flat No, 555555 on the Fourth Floor& wing 5555 ad#easuring D?? sE, ft, %uilt=up area in the
said new %uilding standing on all that piece and parcel of lying and situate at Cknath
Aatiskar Marg& %earing +riginal 8lot No, and Final 8lot No, 3!D of '8S )V& Mahi# and %earing
C,S, No, Mahi# Division ad#easuring 34I3 sE, yds, or therea%outs viL, 3IK? #trs, and
%ounded as follows2

+n Ifowards Cast 2 %y F, 8, No, 3K4 R,BJ
+n or towards South 2 8artly %y F8 No, 3!,

S)BNCD AND DC()VCRCD
%y the withinna#ed
555555555555555555555555555555
in the presence of,,,

VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
DA'CD 'A)S 55555555 DA7 +F 555555555 3?D

VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVDCC(ARA')+N CPM )NDCMN)'7
+F 55555555555


:e& 415 B7#I0DB7 ;7D=A?7B /7B7!> 425 B7J<9= ;7D=A?7B /7B7! 435
9=A!=70DI ;7D=A?7B /7B7! 4(5 77B:I ;7D=A?7B /7B7! 455 #7970:=I
;7D=A?7B /7B7! and 465 9;:1 9A/BIF7 9=A!=79= !70< all of Mu#%ai )ndian
)nha%itants residing at F=3& Flat No, D?I& D
rd
Floor& Adhish Apart#ent& Aatiskar Marg&
8ra%hadevi& Mu#%ai I?? ?3>& do here%y /ointly and severally declare on sole#n aNr#ation
as under2

, 'hat Radha%ai Madhukar 8ara% was a #onthly tenant of Roo# No, I! on the ground
9oor of the structure standing on +riginal 8lot No, 3! and Final 8lot No, 3!D %earing C, S,
No, I lying and situated at Cknath Aatiskar Marg& Mha/oor%hatwadi& 8ra%hadevi& Mu#%ai
I?? ?3> .hereinafter referred to as ;the said tenanted pre#ises and said property
respectively<0,

th
No, 3> of 44 in the Court of S#all Causes at Mu#%ai and Consent Decree o%tained on
!
th
Dece#%er& 44& M6s, 8ad#avati Aousing Co#pany undertook to provide a self
on ownership %asis& free of cost to Radha%ai Madhukar 8ara%& %eing the tenant& in lieu of
her surrendering the said tenancy to M6s, 8ad#avati Aousing Co#pany so as to ena%le the#
to develop the said property %y de#olishing the said tenanted pre#ises and constructing
%uildings thereon,

D, 'hat in ter#s of the Develop#ent Agree#ent dated 3>th +cto%er& 3?? #ade
%etween M6s, 8ad#avati Aousing Co#pany .the said +wners<0 and Akashshine 'rade 8vt,
(td,& .the said Developers0& the said Developers have undertaken to construct a new
%uilding ;F< on the rear side to acco##odate tene#ents of the tenants6occupants on the
said property to %e allotted free of costs on ownership %asis to co#ply with the ter#s of said
consent ter#s dated !th Dece#%er& 44,
I, 'hat Radha%ai Madhukar 8ara% .hereinafter referred to as ;the said deceased<0 died
intestate on 3!
th
Dece#%er& 3?? leaving %ehind us& her children& the Declarants herein as
her only heirs and legal representatives as per the Aindu (aw %y which she was governed at
the ti#e of her death, 'he hus%and of the deceased has pre=deceased the deceased,

>, 'hat we as legal representatives of the said deceased participated in the draw held
on >
th
January& 3??D in the presence of all tenants for allot#ent of @nal tene#ent in the new
%uilding %uilt on the rear side of the said plot wherein we were allotted Flat No, D?I on
D
rd
9oor& wing F3 in the said new %uilding ad#easuring D?? sE, ft, %uilt=up area .hereinafter
referred to as ;the said 9at<0,

K, 'hat we are the only legal heirs and representatives of the said deceased and as
such no other person.s0 have any right& title& interest& clai# or de#and of whatsoever
nature unto6upon the said 9at or any part thereof and6or in respect of all the %ene@ts
arising under the said consent ter#s,

!, 'hat we have inspected the work#anship a#enities and @ttings @-tures provided in
the said 9at and the sa#e are to our entire satisfaction and in accordance with the consent

", 'hat upon our speci@c reEuest to the said +wners& the said +wners have caused the
said 9at /ointly in our favour and have handed over possession of said 9at to us and which
reEuest has %een accepted on our e-press assurances to keep inde#ni@ed the +wners

4, :e here%y /ointly and severally agree to inde#nify and keep inde#ni@ed the said
Developers and6or +wners against any clai# %eing #ade upon the said 9at or any part
thereof that #ay %e #ade %y any person.s0& fro#& through or under us or %y any other
person at any ti#e hereafter including any clai#6de#and against6upon the
Developers6+wners and6or loss suTered %y or occasioned to the Developers and6or +wners
for having allotted the said 9at to us and which otherwise they would not have suTered,

?, :e here%y to inde#nify and keep inde#ni@ed the Developers6 +wners and6or their
authoriLed representatives& successors and assigns& against any clai#s& de#ands& notices&
proceedings& suits& actions of whatsoever nature that #ay %e #ade %y any person or party
clai#ing %y& through and under us or otherwise for any rights of any nature whatsoever in
respect of the said 9at or any part thereof and for all costs& charges& e-penses& losses and
da#ages that #ay %e incurred and6or suTered %y the Developers6+wners as a result of the
aforesaid at any ti#e hereafter,

, :e declare state and con@r# that our tenancy6occupancy rights and possession of
the said tenanted pre#ises stands irrevoca%ly ter#inated and surrendered in favour of the
said +wners,

3, :e further con@r# and record that the +wners have co#pletely and fully discharged
all their o%ligations under the Consent Decree dated !
th
Dece#%er&44 to our co#plete
satisfaction and that we have no clai#6de#and against the +wners under the said Consent

D, :e further declare that we have #ade the aforesaid several aver#ents out of our
own free will& voluntarily and without any threat& pressure& force& coercion& undue in9uence&
our %ehalf,

I, :e declare and con@r# that what is stated a%ove is a%solutely true, :e con@r# that
on the faith and strength of the a%ove& the Developers6+wners have allotted the said 9at to
us as per#anent alternate acco##odation& in ter#s of the said consent ter#s,

>, 'his writing is irrevoca%le and a%solutely %inding upon us as well as upon our

aforesaid this day of 3??K 0
415 B7#I0DB7 ;7D=A?7B /7B7! 0
425 B7J<9= ;7D=A?7B /7B7! 0
435 9=A!=70DI ;7D=A?7B /7B7! 0
4(5 77B:I ;7D=A?7B /7B7! 0
455 #7970:=I ;7D=A?7B /7B7! 0
465 9;:1 9A/BIF7 9=A!=79= !70< 0

:e& sole#nly declare that these are our na#es and signatures and that the contents of this
our declaration are true in the #anner stated a%ove,

Fefore #e&
)nde#ni@ed %y&
D7:<D :=I9 D7F D$ 2006

SAR) RAV)NDRA MADAPMAR 8ARAF R +RS,


:e& 415 9=BI AD7FB7J ;70EBA 97BDJ> 425 9=BI #IJ7F ;70EBA 97BDJ and 435 9=BI
9A9=IC ;70EBA 97BDJ all of Mu#%ai )ndian )nha%itants residing at F=3& Flat No, 3?I&
3
nd
Floor& Aadish Apart#ents& Aatiskar Marg& 8ra%hadevi& Mu#%ai I?? ?3>& do here%y /ointly
and severally declare on sole#n aNr#ation as under2

, 'hat 8attidevi Mangaru Saro/ alias 8attidevi Mangaru 8asi was a #onthly tenant of
Roo# No, " on the ground 9oor of the structure
standing on +riginal 8lot No, 3! and Final 8lot No, 3!D %earing C, S, No, I lying and
situated at Cknath Aatiskar Marg& Mha/oor%hatwadi& 8ra%hadevi& Mu#%ai I?? ?3>
.hereinafter referred to as ;the said tenanted pre#ises and said property respectively<0,

th
No, 333 of 44 in the Court of S#all Causes at Mu#%ai and Consent Decree o%tained on
!
th
Dece#%er& 44& M6s, 8ad#avati Aousing Co#pany undertook to provide a self
on ownership %asis& free of cost to 8attidevi Mangaru Saro/ alias 8attidevi Mangaru 8asi&
%eing the tenant& in lieu of her surrendering the said tenancy to M6s, 8ad#avati Aousing
Co#pany so as to ena%le the# to develop the said property %y de#olishing the said
tenanted pre#ises and constructing %uildings thereon,

D,'hat in ter#s of the Develop#ent Agree#ent dated
3>
th
+cto%er& 3?? #ade %etween M6s, 8ad#avati Aousing
Co#pany .the said +wners<0 and Akashshine 'rade 8vt, (td,&
.the said Developers0& the said Developers have undertaken
to construct a new %uilding ;F< on the rear side to
acco##odate tene#ents of the tenants6occupants on the
said property to %e allotted free of costs on ownership %asis
to co#ply with the ter#s of said consent ter#s dated
4
th
Dece#%er& 44,

I, 'hat 8attidevi Mangaru Saro/ alias 8attidevi Mangaru 8asi .hereinafter referred to as
;the said deceased<0 died intestate on !
th
May& 3?? leaving %ehind us& her sons& the
Declarants herein as her only heirs and legal representatives as per the Aindu (aw %y which
she was governed at the ti#e of her death,

>, 'hat we as legal representatives of the said deceased participated in the draw held
on >
th
%uilding %uilt on the rear side of the said plot wherein we were allotted Flat No, 3?I on
3
nd
9oor& wing F3 in the said new %uilding ad#easuring D?? sE, ft, %uilt=up area .hereinafter

K, 'hat we are the only legal heirs and representatives of the said deceased and as
such no other person.s0 have any right& title& interest& clai# or de#and of whatsoever
nature unto6upon the said 9at or any part thereof and6or in respect of all the %ene@ts
arising under the said consent ter#s,

!, 'hat we have inspected the work#anship a#enities and @ttings @-tures provided in
the said 9at and the sa#e are to our entire satisfaction and in accordance with the consent

", 'hat upon our speci@c reEuest to the said +wners& the said +wners have caused the
said 9at /ointly in our favour and have handed over possession of said 9at to us and which
reEuest has %een accepted on our e-press assurances to keep inde#ni@ed the +wners

4, :e here%y /ointly and severally agree to inde#nify and keep inde#ni@ed the said
thereof that #ay %e #ade %y any person.s0& fro#& through or under us or %y any other
for having allotted the said 9at to us and which otherwise they would not have suTered,

?, :e here%y to inde#nify and keep inde#ni@ed the Developers6 +wners and6or their
clai#ing %y& through and under us or otherwise for any rights of any nature whatsoever in

, :e declare state and con@r# that our tenancy6occupancy rights and possession of
the said tenanted pre#ises stands irrevoca%ly ter#inated and surrendered in favour of the
said +wners,

3, :e further con@r# and record that the +wners have co#pletely and fully discharged
all their o%ligations under the Consent Decree dated !
th
Dece#%er&44 to our co#plete
satisfaction and that we have no clai#6de#and against the +wners under the said Consent

D, :e further declare that we have #ade the aforesaid several aver#ents out of our
own free will& voluntarily and without any threat& pressure& force& coercion& undue in9uence&
our %ehalf,

I, :e declare and con@r# that what is stated a%ove is a%solutely true, :e con@r# that
on the faith and strength of the a%ove& the Developers6+wners have allotted the said 9at to
us as per#anent alternate acco##odation& in ter#s of the said consent ter#s,

>, 'his writing is irrevoca%le and a%solutely %inding upon us as well as upon our

aforesaid this day of 3??K 0
415 9=BI AD7FB7J ;70EBA 97BDJ 0
425 9=BI #IJ7F ;70EBA 97BDJ 0
435 9=BI 9A9=IC ;70EBA 97BDJ 0

:e& sole#nly declare that these are our na#es and signatures and that the contents of this
our declaration are true in the #anner stated a%ove,

Fefore #e&
)nde#ni@ed %y&
D7:<D :=I9 D7F D$ 2006

SAR) PDA7RAJ MANBRP SAR+J R +RS,

day of in the Christian 7ear 'wo 'housand 'hirteen .3?D0
3
nd
8halke Road& Dadar .Cast0& Mu#%ai I?? ?I& hereinafter referred to as 6t+e
D.ner98 .which e-pression shall unless it %e repugnant to the conte-t or #eaning thereof
shall #ean and include
the partner or partners for the ti#e %eing of the said @r#& their survivor orsurvivor and their
heirs& e-ecutors and ad#inistrators0 of the Second 8artJ AND ;B1 AD=7# 9=70?7B
07B#<?7B Mu#%ai )ndian )nha%itants having their address at F=3& Flat No, I?D& I
th
Floor&
Adhish Apart#ent& Aatiskar Marg& 8ra%hadevi& Mu#%ai=I?? ?3> hereinafter referred to
as 6t+e :<070: =DCD<B98 .which e-pression shall unless it %e repugnant to the conte-t
or #eaning thereof %e dee#ed to #ean and include their respective heirs& e-ecutors&
ad#inistrators and assigns0 of the +'ACR 8AR'2

G = < B < 7 9 H

th
Moha#adali Alarkha Aa/i& .hereinafter referred to as original owner0 therein referred to as
the vendor of the First 8art and Dhira/ Vir/i Bala and Dinesh (al/i Shah& therein collectively
referred to as the Con@r#ing 8arties of the Second 8art and M6s, 8ad#avati Aousing
Co#pany& therein referred to as the 8urchasers of the 'hird 8art& herein referred to as the
+wners& the Vendor therein with the consent and con@r#ation of the Con@r#ing 8arties&
sold& transferred& conveyed& assured and assigned unto the 8urchasers therein& the +wners
th
Septe#%er& 44D vide

th
January& 44>
"
th

th
th
+cto%er&


th
May& 44K and also
o%tained )+D %earing No,CC8FC6I3??6BS6A dated 3!,?>,44K in respect of HAG %uilding to %e
constructed for the sale to the prospective purchasersJ

3&K4I sE, ft,J

B, 'he +wners %y a Me#orandu# of Pnderstanding dated 34
th
th
Registrar of Assurances at Mu#%ai vide Serial No,FFC6!>>63?? .hereinafter collectively
referred to as ;the said Agree#ent<0 granted and conferred develop#ent rights in respect of
the said 3&K4I sE, ft, unto the 8ro#oters herein for the consideration and upon the ter#s
and conditions #ore particularly setout thereinJ

th


Sunita 8, Dicholkar0 and had agreed to provide to each of the I? occupants6tenants
per#anent alternative acco##odation free of cost on ownership %asis ad#easuring D?? sE,
ft, .F, P,0 each aggregating to 3&??? sE, ft, .F, P,0 in separate %uilding HFG to %e constructed
for the tenants who were paying rent Rs,!,K> p,#, to the +wner in pursuance to consent
ter#s @led at S#all Causes Court& Mu#%ai in respect of R,A,C, suits @led %y the original
owner against each of the# for recovery of suit pre#ises, Decree in ter#s of consent ter#s
@led have %een o%tained fro# the Aonoura%le S#all Causes Court %y the original ownerJ


th
January 443 and
3K
th

9at agreed to %e allotted on second 9oor of %uilding HAGJ
said plot of land for the tenants6occupants of the e-isting structuresJ

dated 3!
th
May& 44K on ?",?,44! and have o%tained Co##ence#ent Certi@cate dated
33,?,3?? fro# MCBM and have co##enced and co#pleted construction of HFG %uilding for
occupation certi@cate dated !,?K,3??3 in respect thereof, Copy of +ccupation Certi@cate is
anne-ed hereto #arked 7nnexure II J

(, Manohar Shankar Narvekar .Deceased0& Ashok Shankar Narvekar .Deceased0 and Mr,
Pdhav Shankar Narvekar were tenants in use and occupation of a roo# %earing No, D?
ad#easuring on or a%out ?? sE, ft, .F, P,0 on the ground 9oor lying and situated on the said
plot of land .hereinafter referred to as ;tenanted pre#ises<0 %y paying #onthly rent of
Rs,!,K> and in pursuance to consent ter#s dated ?4
th
Dece#%er& 44 @led in the Court of
S#all Causes at Mu#%ai in R,A,C, Suit No,4K of 44 and consent decree o%tained on
I,?,443 .hereinafter referred to as Osaid consent decreeO0 wherein it is& agreed to provide
one self contained 9at of eEuivalent area in the %uilding to %e constructed to provide
per#anent alternative acco##odation to all tenants6occupants therein ad#easuring D?? sE,
ft, .F, P,0 free of cost and on ownership %asis to the 'enants and on other ter#s and
conditions contained therein, Copy of decree dated I,?,443 is enclosed herewith
#arked 7nnexure IDIJ

M, 'he 'enant Aolder is only entitled to the %ene@t arising under said consent decree&
#ore speci@cally& %eing allot#ent of one self contained 9at in %uilding HFG constructed on a
portion of said plot delineated %y green colour in plan anne-ed at Anne-ure OAO attached
heretoJ

th
%y the +wners and 8ro#oters& all 9ats in %uilding SFS to %e known as OAdhish Apart#entO
have %een allotted to the tenants %y draw of lots and accordingly 9at No, I?D on the forth
9oor in :ing F=3 of %uilding SFS ad#easuring D?? sE, ft, .F, P,0 has %een allotted to the
'enants hereinJ

+, Mr, Manohar Shankar Narvekar died intestate on >
th
Septe#%er& 3??4 and Mr, Ashok
Shankar Narvekar died intestate on 34
th
Septe#%er& 3??4 leaving %ehind his %rother and co=
tenant of the tenanted pre#ises viL, Mr, Pdhav Shankar Narvekar %eing the 'enant Aolder
herein as their only heir and legal representative as per the Aindu (aw %y which he was
governed at the ti#e of his deathJ

8, 'he 8ro#oters have su%#itted the a#ended plans for HAG %uilding and have also
o%tained the )+D %earing No, CCF8C6I3??6BS6A and have o%tained Co##ence#ent
Certi@cate fro# MCBM and accordingly have co##enced construction of HAG %uilding for sale
to the prospective purchasers to %e known as ;Sunset Aeights< co#prising of stilt and ?
upper 9oors on the said plot of land in accordance with the sanctioned plans and per#issionJ

$, )n ter#s of the a%ove recited Develop#ent Agree#ent& the 8ro#oters are further

R, )t is intended that in due course& after the develop#ent of %uilding SAG viL, OSunset
together with the %uilding ;Sunset AeightsO and OAdhish Apart#entO would %e conveyed in
favour of the separate Co=operative Society to %e for#ed %y the persons who purchase the
pre#ises in the Fuilding SAS viL, OSunset AeightsO, All the Flat 8urchasers of the said %uilding
SAS would %e co#e its #e#%ers, A separate co=operative society of all 9at holders in %uilding
SFS to %e known as OAdhish Apart#entO would %e for#ed and the Fuilding SFS alongwith land
%eneath SFS shall %e given on lease of Re,6= per annu# to such society %y the society
for#ed of 9at holders of %uilding SASJ

S, 'he 8ro#oters have entered into a prescri%ed Agree#ent with the Architect& M6s,
Aparna Consultants registered with the Council of Architects and also appointed JCV
Structural Consultants as Structural Cngineers for preparing structural designs and drawings
and speci@cations of the %uilding and the 'enant Aolder accept the professional supervision
of the said Architect and the said structural Cngineer till the co#pletion of the %uilding
unless otherwise changedJ

', 'he 'enant Aolder have de#anded fro# the 8ro#oters6+wners and the
8ro#oters6+wners have given inspection to the 'enant Aolder of all the docu#ents of title
P, A copy of the Certi@cate of 'itle issued %y Ms, Joyita Mitra& Advocate R Solicitor of the
copy of the 9oor plan of the 9at agreed to %e purchased %y the 'enant Aolder approved %y
the concerned local authority have %een anne-ed hereto and #arked 7nnexures 6<8> 6$8
and 6E8 respectively, 'he list of a#enities provided in the said 9at is enclosed herewith
#arked 7nnexure I=IJ

V, :hile sanctioning the said plans for the said %uilding the concerned local authorities

:, Accordingly the 8ro#oters have reserved 9at No, I?D on the I
th
9oor of the %uilding
SF3S to %e known as OAdhish Apart#entO constructed as per plan attached hereto #arked
Anne-ure OBO to the 'enant Aolder to %e allotted& free of cost and on +wnership %asisJ

Q, 'he parties hereto have agreed to e-ecute these presents in respect of the Flat,

/7B:I<9 =<B<:D 79 $DCCDG9H"


8lot of land delineated %y green colour in the plan #arked anne-ed at Anne-ure ;A< #ore
particularly descri%ed in the Schedule hereunder written under in accordance with the plans

D, 'he 8ro#oters have constructed %uilding HFG on the said plot of land de#arcated in
the layout plan hereto anne-ed as Anne-ure ;A< and #ore particularly descri%ed in the
Schedule hereunder written in accordance with the plans speci@cations and designs
approved %y FMC which have %een seen and approved %y the 'enants with only such
9at& of the 'enants,

I, 'he 8ro#oters here%y agree to transfer& assign handover and allot to the 'enant
Aolder Flat on the forth 9oor :ing F=3 of the %uilding SFS having total %uilt=up area of appro-,
D?? sE, ft, and %ounded %y RCD C+(+PR F+PNDR7 ()NC on the typical 9oor plan hereto
anne-ed and #arked as Anne-ure ;B< .hereinafter referred to as Othe said 9atO0 free of cost
and on ownership %asis and the 'enants agree to take over and accept the aforesaid
allot#ent6transfer in pursuance to the said consent decree,

>, 'he 'enant Aolder declare& con@r# and record that the +wners have co#plied and
discharged with all the o%ligations undertaken to %e co#plied %y the original owners fully
and eTectively and to co#plete satisfaction under the said consent ter#s and said consent
decree and that they shall hereafter have no clai#6de#and under the said consent decree of
whatsoever nature or otherwise in any #anner whatsoever against the original owner and6or
+wners68ro#oters herein and that 'enant Aolder do and each of the# doth here%y
inde#nify and keep the 8ro#oters and6or +wners inde#ni@ed against any such
clai#6de#and %eing #ade %y any person clai#ing any right& interest through or under the#
at any ti#e hereafter,

of 9ats6garages6parking space under stilt& if any in the %uildings to %e constructed on the
nature of their title to the said land as well as encu#%rances& if any& including any right& title
interest of clai# of any party in or over the said land and shall& as far as practica%le and
su%/ect to what is stated hereinafter& ensure that the said land is free fro# all encu#%rances
and that the 8ro#oters have clear and #arketa%le title to the said land so as to ena%le
the# to convey in favour of the said society6li#ited co#pany such clear and #arketa%le title
on the e-ecution of a Deed of Conveyance,



4, )##ediately on or %efore e-ecution of this presents the 8ro#oters with the consent
of the +wners have handed over vacant& Euiet and peaceful possession of the said 9at to the
'enant Aolders& in full and @nal settle#ent of all their clai#s6 %ene@ts6de#ands in respect of
said tenanted pre#ises and arising under said Consent ter#s and said Consent decree of
whatsoever and against the +wners68ro#oters and the 'enant Aolder declare that they
have taken possession of the said 9at and are co#pletely satis@ed with the work#anship
a#enities and Euality of a#enities provided in the said 9at which are in confor#ity with the
said Consent ter#s and further discharge the original owner fro# the o%ligations stipulated
in said Consent ter#s,

%uilding are those as set out in the Anne-ure OAO anne-ed hereto, 'he 'enant Aolder have
satis@ed the#selves a%out the design of the said pre#ises and also a%out the speci@cations
and a#enities to %e provided therein and the 'enant Aolder further con@r# that the
a#enities provided are in con@r#ing with the said Consent ter#s and as such con@r# the
original +wners have co#plied with their o%ligations and perfor#ed fully in ter#s of said
consent ter#s,


3, 'he 'enant Aolder and their no#inee6s shall use the 9at or any part thereof only for
the purpose of residence,

D, 'he 'enant Aolder shall hereafter %e lia%le to %ear and pay the proportionate share
i,e, in proportion to the 9oor area of the 9at of outgoings in respect of the said land and
%uilding6s na#ely local ta-es& estate pre#iu#& %etter#ent charges or such other
%uilding SFS and land %eneath the society, Pntil the society is for#ed and the %uilding SFS and
land %eneath it %eing leased to it& the 'enant Aolder shall pay to the 8ro#oters
proportionate share of outgoings as #ay %e deter#ined, 'he 'enant Aolder undertake to pay
such proportionate share of outgoings regularly and shall not withhold the sa#e for any
reason whatsoever,

I, 'he Flat 8urchasers in %uilding SAS and 'enants in Fuilding SFS shall for# separate Co=
operative Societies of their respective %uildings, 'he 8ro#oters shall cause the +wners to
operative Society for#ed %y 9at holders in %uilding SAS and which Co=operative Society in
in HFG %uilding in respect of Fuilding SFS and land %eneath it, 'he 'enant Aolder are aware of
the sa#e and gives their No +%/ection for the sa#e, +n separate Co=operative Society
%eing registered the rights of the Flat 8urchaser as the purchaser of the said pre#ises and
'enant Aolder will %e registered and regulated %y the provisions of the said Co=operative
Society and the Rules and Regulations fra#ed %y the#& %ut su%/ect to the ter#s of this
Agree#ent,

envisaged herein and for the purpose fro# ti#e to ti#e sign and e-ecuted the application
for registration and6or #e#%ership and other paper and docu#ents necessary for the
for#ation and the registration of a society and for %eco#ing a #e#%er& including the %ye=
laws of the proposed society and duly @ll in& sign and return to the 8ro#oters within four
days of the sa#e %eing forwarded %y the Developers to the 'enant Aolders& so as to ena%le
the 8ro#oters to register the society of the Flat Aolder under section ? of the said Act
within the ti#e li#it prescri%ed %y rule " of the Maharashtra +wnership Flats .Regulation of
the 8ro#otion of Construction& Sale& Manage#ent and 'ransfer0 Rules& 4KI or the
co#pletion of develop#ent of %uildings whichever is later, No +%/ection shall %e taken %y
the 'enant Aolder if any changes or #odi@cations are #ade in the draft %ye=laws as #ay %e
reEuired %y the Registrar of Co=operative Societies or any other co#petent Authority, 'he
rights of #e#%ers of the Co=operative Society %eing su%/ect to the rights of the 8ro#oters
under this Agree#ent and the vesting docu#ents to %e e-ecuted in pursuance thereof,
:hen the Co=operative Societies are registered and when all the a#ounts due and paya%le
to the 8ro#oters in respect of all the 9ats and other pre#ises in the %uildings are paid in full
as aforesaid& the 8ro#oters shall .su%/ect to their o%taining the per#ission reEuired under
the law and rules and regulations0 e-ecute6get e-ecuted the necessary vesting docu#ents
.in keeping with this Agree#ent and the rights of the 8ro#oters contained in this Agree#ent
of the said property descri%ed in the First Schedule hereunder written0 e-ecuted, 'he Flat
8urchaser shall not raise any o%/ection and6or clai# any co#pensation& thereof& if the area
per#itted to %e conveyed is less than the area shown in the First Schedule hereunder
written,

8ro#oters& %ut to the e-clusion of the 'enant Aolders& %e entitled to consu#e additional FS)
society,

%uildings are co#pleted viL, Fuilding A R F& and two proposed co=operative housing
additions& structures and storeys and terrace thereon will su%/ect to the right of the owners
and 8ro#oters as provided in said Agree#ent& %e the sole property .to the e-clusion of the
'enant Aolder of the 8ro#oters and owners who will %e entitled to dispose it oT in any way
they choose and the 'enant Aolder here%y consent to the sa#e and agree not to raise any
o%/ection for whatsoever reason to the sa#e, 'his consent shall %e considered to %e 9at
8urchaserSs consent conte#plated %y section !.i0.ii0 of 'he Maharashtra +wnership Flats Act&
4KD,

", 'he 'enant Aolder shall have no clai# whatsoever e-cept in respect of the particular
9at here%y agreed to %e acEuired, All the open spaces& unallotted 9ats and other spaces in
the %uilding& etc, will re#ain the a%solute property of the 8ro#oters6+wners and the
8ro#oters if so desire& #ay /oin in as the #e#%ers of the Co=operative Society in respect of
such unallotted 9ats and other pre#ises and shall have full right a%solute power and
authority to deal with and to sell& transfer& lease& let or otherwise dispose of the sa#e in any
#anner and for such consideration& and on such ter#s and conditions& as they #ay in their
sole and a%solute discretion dee# @t and proper and the Co=operative Society shall %e
%ound to ad#it as #e#%ers& the purchasers of such pre#ises without charging in any


3?, 'he 'enant Aolder with intention to %ind all persons into whosoever hands the 9at
#ay co#e& doth here%y covenant with the 8ro#oters6+wners as follows 2=

.a0 'o #aintain the said 9at at 'enant Aolder own cost in good tenanta%le repair and
to %e done in or to %e %uilding in which the said 9at is situated staircase or any passages
authority or change6alter or #ake additions in or to the %uilding in which the said 9at

.%0 Not to store in the 9at any goods which are of haLardous& co#%usti%le or dangerous
authority and shall to carry on %e carried heavy packages to upper 9oors which #ay
da#age or likely to da#age the staircase& co##on passages or any other structures of the
%uilding in which the 9at is situated including entrances of the %uilding in which the 9at is
situated and in case any da#age is caused to the %uilding in which the 9at is situated or the
9at on account of negligence or default of the 'enant Aolder in this %ehalf& the 'enant Aolder
shall %e lia%le for the conseEuences of the %reach,

.c0 'o carry at their own cost all internal repairs to the said 9at and #aintain the 9at in
the condition& state and order in which it was delivered %y the 8ro#oters to the 'enant
Aolder and shall not do or suTering to %e done anything in or to the %uilding in which the 9at
is situated or the 9at which #ay %e given the rules and regulations and %ye=laws of the
concerned local authority or other pu%lic authority& in the event of the 'enant Aolder
co##itting any act in contravention of the a%ove provision& the 'enant Aolder shall %e

.d0 Not to de#olish or cause to %e de#olished the 9at or any part thereof& nor at any
ti#e #ake or cause to %e #ade any addition or alterations of whatever nature in or to the
9at or any part thereof& nor any alteration in the elevation and outside colour sche#e of the
%uilding HFS in which the 9at is situated and shall keep the portion& sewers& drains& pipes in
the 9at and appurtenance thereto good tenanta%le repair and condition and in particular so
as to support shelter and protect the other parts of the %uilding in which the 9at is situated
and shall not chisel or in any other #anner da#age to colu#ns& %ea#s& walls& sla%s or RCC&
8aradis& or other structural #e#%ers in the 9at without the prior written per#ission of the
8ro#oters and6or the society,

.e0 Not to do or per#it to %e done any act or things which #ay render void or voida%le

.f0 Not to throw dirt& ru%%ish& rags& gar%age or other refuse or per#it the sa#e to %e

.g0 8ay to the 8ro#oters within seven days of de#and %y the 8ro#oters his share of
security deposit de#anded %y concerned local authority or Bovern#ent for giving water&
electricity or any other service connection to the %uilding in which the 9at is situated,

.h0 'o %ear and pay increase in local ta-es& water charges& insurance and such other
other pu%lic authority& on account of changes of user of the 9at %y the 'enant Aolder viL,
under for any purpose other than for residential purpose,

.i0 'he 'enant Aolder shall not let& su%=let& transfer& assign or part with 'enant Aolder
interest or %ene@t factor of this Agree#ent or part with the possession of the 9at until all the
dues paya%le %y the 'enant Aolder to the 8ro#oters under this Agree#ent are fully paid=up
and only if the 'enant Aolder had not %een guilty of %reach of or non=o%servance of any of
the ter#s and conditions of this Agree#ent,

./0 'he 'enant Aolder shall o%serve and perfor# all the rules and regulations which the

.k0 'he 'enant Aolder here%y agree that in the event of any a#ount %y way of pre#iu#
including co##uted estate pre#iu# pertaining to ground rent paya%le to the Municipality or
to the State Bovern#ent or %etter#ent charges or develop#ent ta- or any other ta- or
pay#ent of a si#ilar nature %eco#ing paya%le %y the 8ro#oters in respect of the said
%uilding SFS& the sa#e shall %e rei#%ursed %y the 8ro#oters in proportion to the area of the
said pre#ises agreed to %e purchased %y the 'enant Aolder %ears to the area of the whole
%uilding SFS and in deter#ining such a#ount the decision of the 8ro#oters shall %e
conclusive and %inding upon the 'enant Aolders,

.l0 'ill vesting docu#ents are e-ecuted in the #anner envisaged hereto the 'enant
Aolder shall per#it the 8ro#oters6+wners and their surveyors and agents& with or without



.%0 At present the said %uilding SAS will %e co#prising of 'en upper 9oors or as #ay%e
8ro#oters6+wners alone& who shall %e entitled to deal with and dispose of the sa#e as the
8ro#oters6+wners #ay desire6decide, 8rovided always and it is here%y e-pressly agreed
that the 'enant Aolder shall not co#plain a%out and shall have to %ear with the
inconvenience& noise& irritation or nuisance caused to hi# as and when the
8ro#oters6+wners undertake the additional construction and here%y grant their irrevoca%le
consent to the sa#eJ

such propertyJ


for such purpose so as to reach the water tank of the %uildings, 'he 'enant Aolder of such
%y law, Aowever& the 'enant Aolder shall not enclose or cover the said terrace without the

'enant Aolder herein accept that they shall not %e entitled to clai# any right& title or interest
e-clusively to any other Flat 8urchasers6'enant Aolder.s0, Such terrace space shall %e
#aintained and repaired e-clusively %y the Flat 8urchasers to who# the sa#e are allotted
and the sa#e shall %e kept in good clear and tenanta%le condition at all ti#es %y the#J

.g0 Su%/ect to the ter#s in this %ehalf agreed %y the 8ro#oters with the said +wners in

the 8ro#oters0 is not altered and the a#enities set out in the Anne-ure OAO anne-ed hereto
are not altered& the 8ro#oters shall %e at li%erty and are there%y per#itted to #ake
reEuire, 'he 'enant Aolder e-pressly here%y consent to all such variations,

33, )t is further agreed %etween the 8ro#oters and the 'enant Aolder that at the ti#e of
lease of %uilding SFS as envisaged the 'enant Aolder and6or the said society shall rei#%urse
to the 8ro#oters all the )+D deposits and other refunda%le deposits paid %y the 8ro#oters in
respect of the said %uilding,

3D, At the ti#e of registration of the aforesaid docu#ent the +wners68ro#oters shall
%ear6pay the 'enant Aolder share of sta#p duty and registration charges paya%le& if any& %y
the said society on the assign#ent6lease or any docu#ent or instru#ent of transfer in
society,

acEuired %y the 'enant Aolder for any outstanding dues of the 'enant Aolders,
including sta#p duty registration charges and other e-penses in connection with the

9ats& car parking spaces& pre#ises& etc in %uilding SAS save and e-cept the #unicipal ta-es
with eTect fro# the date of grant of occupation6co#pletion certi@cate, 8rovided however in

3!, 'he 'enant Aolder has taken inspection of all relevant docu#ents and has satis@ed

displaying hoarding6advertise#ents thereon& or putting up any overhead water tank6s
sa#e to the Flat 8urchaser& or the said societies& and neither the Flat 8urchaser.s0 nor the
any o%/ection and6or create any hindrance in any #anner whatsoever, 'he 'enant Aolder will
per#it the authorised representative6s deputed %y the 8ro#oters6%oth co=operative societies
to go to the said co##on terrace to install& check up and6or service Dish Antenna and6or any
other electronic gadgets etc, and for repairs and #aintenance of the tank6s and6or such
other co##on facilities& at all reasona%le ti#es, )t is agreed that the aforesaid rights in
favour of the 8ro#oters shall %e covenants running with the land and shall for# part of the
conveyance and lease deed when e-ecuted in favour of the %oth co=operative societies,

rear side of the said plot shall %e known as OADA)SA A8AR'MCN'O these na#es shall not at
any ti#e %e altered or changed without the prior written consent and per#ission of the
8ro#oters,

D?, 'he 'enant Aolder here%y agree& undertake and covenant with the 8ro#oters that
neither they& nor the said societies shall at any ti#e hereafter li#it& curtail& revoke& cancel or
or granted to the 8ro#oters under this Agree#ent& or any other deed& docu#ent or writing
8ro#oters as #entioned herein& and the 'enant Aolder and %oth the said societies shall %e
%ound and lia%le to render to the 8ro#oters& all necessary assistance and co=operation& to
part thereof, 'he 'enant Aolder shall have no clai# save and e-cept in respect of the 9at
here%y agreed to %e sold to the# and all terraces& open spaces& parking spaces& lo%%ies&
staircases& etc, su%/ect to the said agree#ent %etween owners and the 8ro#oters& will
re#ain the property of the 8ro#oters& until the said land and %uildings are transferred to
the society as hereina%ove #entioned,

this Agree#ent or any for%earance or giving of ti#e to the 'enant Aolder %y the 8ro#oters
shall not %e construed as a waiver on the part of the 8ro#oters of any %reach of

or dispose of their right& title and interest in the said land heredita#ents and pre#ises and
in favour of the 'enant Aolders,

DI, 'he 'enant Aolder shall present this agree#ent for registration within the ti#e

D>, All notices to %e served on the 'enant Aolder as conte#plated %y this Agree#ent





7?79=9=I0< :B7D< /#:1 C:D1 0
Mr, San/ay Jain 0

;J91 /7D;7#7:I =DA9I0E D1 0
Mr, Dhira/ Vir/i Bala 0

withinna#ed 'enant Aolders 0
AD=7# 9=70?7B 07B#<?7B 0
DA'CD 'A)S DA7 +F 3?D

FC':CCN
AMASASA)NC 'RADC 8V', ('D,

AND

8ADMAVA') A+PS)NB C+M8AN7
U,, the +wners

AND

PDAAV SAANMAR NARVCMAR

In respect of Flat No. 403 on the 4
th
foor
! "in# of the $%ildin# &no'n as
(Adhish Apartment) sit%ate at *ra$hade+i, -%m$ai.


:e .0 ;91 ?7C/707 #I9=G707:= ?7D7; & aged 555 years and .30 ;91
77B:I #I9=G707:= ?7D7;& aged 555 years %oth of Mu#%ai )ndian )nha%itant& having
address at 555555555555555555555555555555
55555555555555555555555555555555555555555555555555555555555 do here%y& /ointly and severally
state& declare and con@r# on sole#nly aNr#ation as under2

, :e state that our father Mr, Vishwanath Falra# Mada# .hereinafter referred to as
;the deceased<0 was a tenant in use and occupation of the Roo# %earing No, DI
ad#easuring on or a%out ?? sE, ft, .FPA0 on the ground 9oor .hereinafter referred to
as6t+e tenanted *remises80 of the structures standing on the plot of land lying and
situate at Cknath Aatiskar Marg& %earing +riginal 8lot No, 3! and Final 8lot No, 3!D
of '8S )V& Mahi# and %earing C,S, No,I of Mahi# Division ad#easuring 34I3 sE, yds, or
therea%outs viL, 3IK? sE, #trs, .hereinafter referred to as 6t+e said *lot of land80 %y
paying a #onthly rent of Rs,D?,>?6= and in pursuance of the consent ter#s dated
?4
th
Dece#%er& 44 @led in the Court of S#all Causes at Mu#%ai in R,A, C, Suit No, 433 of
44 and the consent decree o%tained on 33
nd
April& 44D .hereinafter referred to as ;the
said consent decree<0 wherein& it is agreed to provide one self contained 9at of eEuivalent
area in the %uilding to %e constructed to provide per#anent alternate acco##odation to all
the tenants6occupants therein ad#easuring D?? sE, ft, .FPA0 free of costs and on ownership
%asis to the 'enants and upon other ter#s and conditions set out therein,

3, :e state that the deceased had participated in the draw held on >
th
January& 3??D in
the rear side of the said plot wherein he was allotted Flat No, ?I ad#easuring D?? sE, ft,
%uilt=up area on the @rst 9oor& wing F=3 in the said new %uilding standing on the said plot of
land and #ore particularly descri%ed in the Schedule hereunder written .hereinafter referred
to as 6t+e said ,at80,

D, :e state that Mr, Vishwanath Falra# Mada# D
th
June& 3??K and his wife Mrs, Maya
Vishwanath Mada# died intestate on 3
th
August& 3?? leaving %ehind their son and our
%rother viL, Mr, A#ogh Vishwanath Mada# and ourselves as their only heirs and legal
representatives as per the Aindu Succession Act& 4>K %y which they was governed at the
ti#e of their death, A copy of Mr, Vishwanath Falra# Mada# R Mrs, Maya Vishwanath
Mada# death certi@cates is hereto anne-ed and #arked as 700<@AB< 6781

I, :e here%y uneEuivocally renounce& disclai#& relinEuish and release all our right&
title& interest and de#and in the said 9at to %e allotted to our father viL, Mr, Vishwanath
Falra# Mada# a%solutely and forever in favour of our %rother Mr, A#ogh Vishwanath Mada#
and further declare and record that we shall have no right& title and interest in the sa#e at
any ti#e hereafter,

>, :e here%y give our unconditional and irrevoca%le consent and further state and
declare that we have no o%/ection to the allot#ent of the said 9at solely in favour of our
#other ViL, Mr, A#ogh Vishwanath Mada#,

K, :e here%y con@r# and reiterate that we have no right& title and interest into or upon
the said 9at or any part thereof in the new %uilding known as ;Adhish Apart#ent<,

!, :e here%y con@r# and record that these aver#ents are %inding upon our respective

", :e here%y agree to inde#nify and keep the +wner 6 Developer inde#ni@ed fro# and
right title& interest in the said 9at or any part thereof through us or any of our respective

4, :e here%y declare and con@r# that we have given this declaration our own free will&
a%solutely true and correct to our own knowledge,

?, :e state and declare that whatever has %een stated hereina%ove true to our own

I0 GI:0<99 G=<B<D$& we have hereunto set our hands this 555555555 day of 5555555555
3?D,

:=< 9=<DAC< 7!D#< B<$<BB<D :DH
4Descri*tion of t+e 6t+e said ,at85

Flat No, ?I on the @rst 9oor& wing F=3 ad#easuring D?? sE, ft, %uilt=up area in the said new
%uilding standing on all that piece and parcel of lying and situate at Cknath Aatiskar Marg&
%earing +riginal 8lot No, and Final 8lot No, 3!D of '8S )V& Mahi# and %earing C,S, No,
Mahi# Division ad#easuring 34I3 sE, yds, or therea%outs viL, 3IK? #trs, and %ounded as
follows2

+n or towards Cast 2 %y F, 8, No, 3K4 R,BJ

S)BNCD AND DC()VCRCD 0
%y the withinna#ed 0
.0 ;91 ?7C/707 #I9=G707:= ?7D7; 0
.30 ;91 77B:I #I9=G707:= ?7D7; 0
in the presence of,,, 0
D7:<D :=I9 D7F D$ 2013

D<C7B7:ID0 A; I0D<;0I:F D$
;91 ?7C/707 #1 ?7D7; N 70B1


:e .0 ;B1 ;70E<9= ;1 9AB#<& aged 5555 years and .30 ;B91 ;709I ;7=<9=
9AB#<> aged 5555 years .D0 ;91 ;7=I ;70E<9= 9AB#<& aged 555 years all of Mu#%ai
)ndian )nha%itant and all having address at 55555555555555555555555555555555555555555555555555
55555555555555555555555555555555555555 do here%y& /ointly and severally state& declare and
con@r# on sole#nly aNr#ation as under2

, :e state that Mr, Madhukar 7ashwant Surve .hereinafter referred to as ;the
deceased<0 was a tenant in use and occupation of the Roo# %earing No, 3! ad#easuring on
or a%out ?? sE, ft, .FPA0 on the ground 9oor .hereinafter referred to as 6t+e tenanted
*remises80 of the structures standing on the plot of land lying and
situate at Cknath Aatiskar Marg& %earing +riginal 8lot No, 3! and Final 8lot No, 3!D
of '8S )V& Mahi# and %earing C,S, No,I of Mahi# Division ad#easuring 34I3 sE, yds, or
therea%outs viL, 3IK? sE, #trs, .hereinafter referred to as 6t+e said *lot of land80 %y
paying a #onthly rent of Rs,!,K>6= and in pursuance of the consent ter#s dated
!
th
Dece#%er& 44 @led in the Court of S#all Causes at Mu#%ai in R,A, C, Suit No, 3?4 of
44 and the consent decree o%tained on !th January& 44 .hereinafter referred to as ;the
said consent decree<0 wherein& it is agreed to provide one self contained 9at of eEuivalent
area in the %uilding to %e constructed to provide per#anent alternate acco##odation to all
the tenants6occupants therein ad#easuring D?? sE, ft, .FPA0 free of costs and on ownership
%asis to the 'enants and upon other ter#s and conditions set out therein,

3, :e state that the deceased had participated in the draw held on >
th
January& 3??D in
the rear side of the said plot wherein he was allotted Flat No, ??3 ad#easuring D?? sE, ft,
%uilt=up area on the Bround Floor& wing F=3 in the said new %uilding standing on the said plot
of land and #ore particularly descri%ed in the Schedule hereunder written .hereinafter

D, :e state that Mr, Madhukar 7ashwant Surve died intestate on 3D
rd
March& 3??4
leaving %ehind his wife viL, S#t Beeta Madhukar Surve and ourselves together with Mr,
Mahesh Madhukar Surve R Ms, Sangita Madhukar Surve as his only heirs and legal
representatives as per the Aindu Succession Act& 4>K %y which he was governed at the
ti#e of his death, A copy of Mr, Madhukar 7ashwant Surve death certi@cate is hereto
anne-ed and #arked as 700<@AB< 678,

I, Fy and under an Declaration Cu# )nde#nity dated 555555555& Mr, Mahesh Madhukar
Surve and Ms, Sangita Madhukar Surve %eing the legal heirs and representatives of the
deceased have released& disclai#ed and relinEuished all their right& title and interest in the
said tenanted pre#ises and have given their irrevoca%le consent to the allot#ent of the
said 9at as and %y way of per#anent alternate acco##odation on Hownership %asisG in lieu
of the said tenanted pre#ises& solely in favour of S#t Beeta Madhukar Surve,

>, :e also here%y uneEuivocally renounce& disclai#& relinEuish and release all our right&
title& interest and de#and in the said 9at to %e allotted to our father viL, Mr, Madhukar
7ashwant Surve a%solutely and forever in favour of our #other S#t Beeta Madhukar Surve
and further declare and record that we shall have no right& title and interest in the sa#e at
any ti#e hereafter,

K, :e here%y give our unconditional and irrevoca%le consent and further state and
declare that we have no o%/ection to the allot#ent of the said 9at solely in favour of our
#other ViL, S#t, Beeta Madhukar Surve,

!, :e here%y con@r# and reiterate that we have no right& title and interest into or upon
the said 9at or any part thereof in the new %uilding known as ;Adhish Apart#ent<,

", :e here%y con@r# and record that these aver#ents are %inding upon our respective

4, :e here%y agree to inde#nify and keep the +wner 6 Developer inde#ni@ed fro# and
right title& interest in the said 9at or any part thereof through us or any of our respective

?, :e here%y declare and con@r# that we have given this declaration our own free will&
a%solutely true and correct to our own knowledge,

, :e state and declare that whatever has %een stated hereina%ove true to our own

I0 GI:0<99 G=<B<D$& we have hereunto set our hands this 555555555 day of 5555555555
3?D,

:=< 9=<DAC< 7!D#< B<$<BB<D :DH
(Description of the $the said fat')

Flat No, ?3 on the Bround Floor& wing F=3 ad#easuring D?? sE, ft, %uilt=up area in the said
new %uilding standing on all that piece and parcel of lying and situate at Cknath Aatiskar
Marg& %earing +riginal 8lot No, and Final 8lot No, 3!D of '8S )V& Mahi# and %earing C,S, No,
Mahi# Division ad#easuring 34I3 sE, yds, or therea%outs viL, 3IK? #trs, and %ounded as
follows2

+n or towards Cast 2 %y F, 8, No, 3K4 R,BJ

%y the withinna#ed 0
.0 ;B1 ;70E<9= ;1 9AB#<& 0
.30 ;B91 ;709I ;7=<9= 9AB#< 0
.D0 ;91 ;7=I ;70E<9= 9AB#< & 0
D7:<D :=I9 D7F D$ 2013

D<C7B7:ID0 A; I0D<;0I:F D$
;B1 ;70E<9= ;1 9AB#< N 70B1


)& 9;:1 AB;IC7 ;DB<9=G7B /<D0<?7B of Mu#%ai )ndian )nha%itants residing at F=&
Flat No, 3?& 3
nd
Floor& Aadish Apart#ents& Aatiskar Marg& 8ra%hadevi& Mu#%ai I?? ?3>& do
here%y declare on sole#n aNr#ation as under2

, 'hat Banpat Bangara# Fhosale was a #onthly tenant of Roo# No, 34 on the Bround
9oor of the structure standing on +riginal 8lot No, 3! and Final 8lot No, 3!D %earing C, S,
No, I lying and situated at Cknath Aatiskar Marg& Mha/oor%hatwadi& 8ra%hadevi& Mu#%ai
I?? ?3> .hereinafter referred to as ;the said tenanted pre#ises and said property
respectively<0,

th
No, 3D of 44 in the Court of S#all Causes at Mu#%ai and Consent Decree o%tained on
!,3,44& M6s, 8ad#avati Aousing Co#pany undertook to provide a self contained 9at
ad#easuring D?? sE, ft, %uilt=up area as per#anent alternate acco##odation on ownership
%asis& free of cost to Mr, Moreshwar Ra#chandra 8ednekar& %eing the tenant& in lieu of his
surrendering the said tenancy to M6s, 8ad#avati Aousing Co#pany so as to ena%le the# to
develop the said property %y de#olishing the said tenanted pre#ises and constructing
%uildings thereon,

D, 'hat in ter#s of the Develop#ent Agree#ent dated
3>
th
+cto%er& 3?? #ade %etween M6s, 8ad#avati Aousing
Co#pany .the said +wners<0 and Akashshine 'rade 8vt, (td,&
.the said Developers0& the said Developers have undertaken
to construct a new %uilding ;F< on the rear side to
acco##odate tene#ents of the tenants6occupants on the
said property to %e allotted free of costs on ownership %asis
to co#ply with the ter#s of said consent ter#s dated
4
th
Dece#%er& 44,

I, 'hat Mr, Moreshwar Ra#chandra 8ednekar .hereinafter referred to as ;the said
deceased<0 died intestate on ?D
rd
+cto%er& 3??> leaving %ehind his wife viL, S#t, Pr#ila
Moreshwar 8ednekar %eing the Declarant herein and two son na#ely Mr, Ra/endra
Moreshwar 8ednekar& Mr, Banesh Moreshwar 8ednekar R one daughter Ms, Snehalata
Moreshwar 8adnekar as his only heirs and legal representatives as per the Aindu (aw %y
which he was governed at the ti#e of his death,

>, 'hat Mr, Moreshwar Ra#chandra 8ednekar was participated in the draw held on
>
th
%uilding %uilt on the rear side of the said plot wherein we were allotted Flat No,3? on 3nd
9oor& wing F in the said new %uilding ad#easuring D?? sE, ft, %uilt=up area .hereinafter
K, Fy and under an Declaration Cu# )nde#nity dated 555555555555& Mr, Ra/endra
Moreshwar 8ednekar& Mr, Banesh Moreshwar 8ednekar and Ms, Snehalata Moreshwar
8adnekar %eing the legal heirs and representatives of the deceased have released&
disclai#ed and relinEuished all their right& title and interest in the said tenanted pre#ises
and have given their irrevoca%le consent to the allot#ent of the said 9at as and %y way of
per#anent alternate acco##odation on Hownership %asisG in lieu of the said tenanted
pre#ises& solely in #y favour,

!, 'hat in view of the aforesaid& ) a# the only legal heir and representative of the said
deceased and as such no other person.s0 have any right& title& interest& clai# or de#and of
whatsoever nature unto6upon the said 9at or any part thereof and6or in respect of all the
%ene@ts arising under the said consent ter#s,

", 'hat ) have inspected the work#anship a#enities and @ttings @-tures provided in
the said 9at and the sa#e are to #y entire satisfaction and in accordance with the consent

4, 'hat upon #y speci@c reEuest to the said +wners& the said +wners have caused the
said 9at /ointly in our favour and have handed over possession of said 9at to #e and which
reEuest has %een accepted on #y e-press assurances to keep inde#ni@ed the +wners

?, ) here%y /ointly and severally agree to inde#nify and keep inde#ni@ed the said
thereof that #ay %e #ade %y any person.s0& fro#& through or under #e or %y any other
for having allotted the said 9at to #e and which otherwise they would not have suTered,

, ) here%y to inde#nify and keep inde#ni@ed the Developers6+wners and6or their
clai#ing %y& through and under #e or otherwise for any rights of any nature whatsoever in

3, ) declare state and con@r# that our tenancy6occupancy rights and possession of the
said tenanted pre#ises stands irrevoca%ly ter#inated and surrendered in favour of the said
+wners,

D, ) further con@r# and record that the +wners have co#pletely and fully discharged all
their o%ligations under the Consent Decree dated !,3,44 to our co#plete satisfaction
and that ) have no clai#6de#and against the +wners under the said Consent 'er#s
whatsoever and howsoever nature,

I, ) further declare that ) have #ade the aforesaid several aver#ents out of #y own
free will& voluntarily and without any threat& pressure& force& coercion& undue in9uence&
our %ehalf,

>, ) declare and con@r# that what is stated a%ove is a%solutely true, ) con@r# that on
the faith and strength of the a%ove& the Developers6+wners have allotted the said 9at to #e
as per#anent alternate acco##odation& in ter#s of the said consent ter#s,

K, 'his writing is irrevoca%le and a%solutely %inding upon #e as well as upon #y

aforesaid this day of 3?D 0
9;:1 AB;IC7 ;DB<9=G7B /<D0<?7B 0

)& sole#nly declare that this is #y na#es and signatures and that the contents of this #y
declaration is true in the #anner stated a%ove,

Fefore #e&
)nde#ni@ed %y&
D7:<D :=I9 D7F D$ 2013

9;:1 AB;IC7 ;DB<9=G7B
/<D0<?7B VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV

:<070F 7EB<<;<0:

:=I9 :<070F 7EB<<;<0: #ade at Mu#%ai this day of 3??3
FC':CCN 415 9;:1 J7F7 C7@;I?70: ?AD7C?7B> 425 ;B1 =BI9=I?<9= C7@;I?70:
?AD7C?7B and 435 ;I99 B7J<9=G7BI C7@;I?70: ?AD7C?7B& all of Mu#%ai )ndian
)nha%itants& hereinafter referred to as 6t+e D.ners8 .which e-pression shall unless it %e
repugnant to the conte-t or #eaning thereof #ean and include their respective heirs&
e-ecutors& ad#inistrators and assigns0 of the First 8artJ AND ;J91 70?AB <0:<B/BI9<9& a
partnership @r# registered under the 8artnership Act& 4D3 and having its registered oNce
at D?D& Bala-y Arcade& M, B, Road& Vile 8arle .Cast0& Mu#%ai I?? ?>!& herein referred to
as 6t+e De%elo*ers8 .which e-pression shall unless it %e repugnant to the conte-t or
#eaning thereof #ean and include the partners or partner constituting the said @r# and the
partners fro# ti#e to ti#e and survivor or survivors of the#& his6her heirs& e-ecutors&
ad#inistrators and assigns of the last surviving partner0 of the Second 8artJ AND 415 ;B1
EIBD=7BI!=7I !=7J70C7C BD=B7 and 425 ;B1 970J7F EIBD=7BI BD=B7 %oth of
Mu#%ai )ndian )nha%itant hereinafter referred to as 6t+e :enants8 .which e-pression shall&
unless it %e repugnant to the conte-t or #eaning thereof #ean and include their respective
heirs& e-ecutors& ad#inistrators and assigns who shall %e only Aindu Vegetarians0 of the
'hird 8art2

G = < B < 7 9 H

A, 'he +wners are& in their capacity as the co=owners and as #e#%ers of the Ashok
Nagar Co=operative Aousing Society (td,& JV8D Sche#e& Juhu& Vile 8arle in Frihen Mu#%ai
entitled to undivided share& right& title and interest in the plot of land %eing Final 8lot No, 3!
in the estate of the society and for#ing part of 8lot No,I6& %earing Survey No,!? .pt0
containing %y ad#easuring I>> sE, yds, eEuivalent to 3K,>3 sE, #trs, in Juhu Vile 8arle
Develop#ent Sche#e& Juhu 'aluka Andheri in the Registration District and Su%=District of
Mu#%ai City and Su%ur%an and particularly descri%ed in the Schedule hereunder written
.herein referred to as ;the said plot of land<0 as lessees in perpetuity of the said society
together with the %uilding known as ;8ARASMAN)< standing thereon .hereinafter collectively
referred to as ;the said property<0 and #ore particularly descri%ed in the First Schedule
hereunder written, 'he +wners hold the said property as lessees as aforesaid in the
following proportion 2

, S#t, Jaya (a-#ikant Mudalkar = KK,K"W
3, Mr, Arishikesh (a-#ikant Mudalkar = K,KKW
D, Ms, Ra/eshwari (a-#ikant Mudalkar = K,KKW

F, 'he +wners got %uilding plans approved for the construction of the new %uilding
consisting of ground 9oor on stilt and ! .seven0 upper 9oors& .hereinafter referred to as ;the
said new %uilding<0 and put up and co#pleted the construction of the said new %uilding
under )+D No,CC6!?>?6:S6AM=,3,44 and Co##ence#ent Certi@cate dated 3?
th
June& 3???
and o%tained the +ccupation Certi@cate fro# the Frihan Mu#%ai Mahanagar 8alika dated
4
th
April& 3??3J

C, As per the Agree#ent for Develop#ent dated D
th
March& 3??? the +wners had
entrusted the construction of the said new %uilding .%y de#olishing the e-isting %ungalow0
to the Developers on the ter#s and conditions contained thereinJ

D, 'he 'enants is in need of residence6acco##odation and at the reEuest of the
'enants& the +wners6the Developers have agreed to grant unto the 'enants the #onth to
#onth tenancy in respect of Flat No, !?3 on the !
th
9oor ad#easuring 4?? sE, ft, and
.one0 car parking space under the stilt area and .one0 open car parking space in the
co#pound of the said new %uilding which will %e known as ;8ARASMAN)<& .hereinafter
referred to as ;the said pre#isesG0 constructed on the said plot of land on the ter#s and
conditions hereafter appearing, 'he said pre#ises are delineated in red colour %oundary
line on the plan hereto anne-ed as 7nnexure "678J

C, 'he 'enants here%y records& declares and con@r#s that they are Aindu Vegetarian
and that they will use the said pre#ises for the purpose of residence only and not for any
other useJ

F, )t is necessary to e-ecute this 'enancy Agree#ent,

0DG :=I9 /B<9<0:9 GI:0<99<:= 70D I: I9 =<B<!F 7EB<<D> D<C7B<D 70D
B<DBD<D !F 70D !<:G<<0 :=< /7B:I<9 =<B<:D 79 A0D<BH

, )t is speci@cally& agreed that the foregoing recitals shall %e treated as an integral part
of this Agree#ent and all the parties shall carry out their respective o%ligations as contained
in the said recitals and shall give eTect to the various arrange#ents therein speci@ed,

3, At the reEuest of the Developers& the +wners do and each of the# doth here%y
de#ise to the 'enants the #onth to #onth tenancy rights in respect of the pre#ises %eing
Flat No, !?3 ad#easuring 4?? sE, ft, carpet area on the !
th
9oor and .one0 car parking
space in the stilt area and .one0 open car parking space in the co#pound of the Fuilding
known as ;8ARASMAN)< situated at 8lot No, 3!& JV8D Sche#e of the estate of the Ashok
Nagar Co=operative Aousing Society (td,& Mu#%ai I?? ?I4 .hereinafter for %revityGs sake
referred to as ;the said pre#ises<0 on #onthly rent of Rs, 3>?6= .Rupees 'wo Aundred R Fifty
only0 including a #onthly rent of Rs,>?6= in respect of the two car parking spaces& net of all
ta-es and outgoings to %e paid in advance to the +wners on or %efore the >
th
day of each
and every calendar #onth, 'he su%seEuent pay#ents shall %e #ade on or %efore the >
th
day
of each calendar #onth in advance, 'he Floor 8lan for the said pre#ises is anne-ed hereto
as Anne-ure ;A<,

D, .a0 'he 'enants have agreed to pay to the Developers a su# of Rs,!?&??&???6=
.Rupees Seventy (acs only0 %y way of non=refunda%le contri%ution6pre#iu# for procuring
tenancy rights in favour of the 'enants in respect of the said pre#ises, +ut of the aforesaid
total non=refunda%le contri%ution6pre#iu#& a su# of Rs,DD&DD&DDD6= shall %e appropriated %y
the Developers to the +wnersG account& %eing the advance pre#iu# paid %y the Developers
to the +wners under Clause > of the Agree#ent for Develop#ent dated D
th
March& 3???
and the %alance shall %e appropriated %y the Developers to the#selves on their own
account,

.%0 'he said a#ount of Rs,!?&??&???6= . Rupees Seventy (acs only0 has %een paid on or
%efore the e-ecution of these presents %y the 'enants to the Developers as under .pay#ent
and receipt whereof& the Developers do here%y ad#it and acknowledge0,

'he Developers have on the e-ecution hereof with the consent of the +wners and in view of
the 'enants having paid to the Developers the said su# of Rs,!?&??&???6= as non=refunda%le
contri%ution6pre#iu# for procuring the tenancy of the said pre#ises put the 'enants in
occupation of the said pre#ises and the 'enants shall occupy the said pre#ises as #onth to
#onth tenant of the +wners,

.c0 )n addition to the a%ove& the 'enants have also paid to the Developers the following
a#ount 2

.i0 Rs,>&???6= .Rupees Fifteen 'housand only0 towards legal costs and chargesJ

.ii0 Rs, 3"&???6= .Rupees 'wenty Cight 'housand only0 towards rei#%urse#ent
of proportionate develop#ent chargesJ and

.iii0 Rs, 3>&???6= .Rupees 'wenty Five 'housand only0 towards electric #eter
deposit,

I, 'he 'enants shall have no right& title and interest of whatsoever nature in the said
plot of land and the said new %uilding ;8aras#ani< constructed on the said plot of land save
and e-cept the said pre#ises which is rented out %y the +wner to the 'enants as #entioned
in this 'enancy Agree#ent,

>, 'he 'enants here%y undertake that in addition to the #onthly rent& the 'enants shall
pay on or %efore the >
th
day of each and every calendar #onth their proportionate share of
the actual e-penses of the lift& #aintenance& watch#en& sweeper& #ali& co##on electricity&
water charges& all other outgoings and pay#ents in respect of the said pre#ises as
deter#ined %y the +wners, )n addition to the sa#e& the 'enants shall also pay in respect of
the said pre#ises all e-isting and future Municipal rates& ta-es& cesses& charges& levies
.including all increases therein0 and all other pay#ents %y whatever na#e called and
paya%le to the local authorities& revenue authorities and all other authorities co#petent to
levy the sa#eJ the intention of the parties %eing that the #onthly rent of Rs,3>?6= .Rupees
'wo Aundred R Fifty only0 paya%le %y the 'enants in respect of the said pre#ises as
#entioned in Clause 3 hereof is the net rent and all other pay#ents charges and e-penses
to %e #ade and6or incurred in respect of the said pre#ises and whether paya%le to the
+wners or anyone else as also to the local authorities and the State and Central Bovern#ent
shall %e %orne and paid %y the 'enants alone and the o%ligation and responsi%ility for the
pay#ent thereof shall %e of the 'enants alone,

K, )t is here%y agreed that the 'enants shall as fro# the date hereof possess and en/oy
the said pre#ises as tenant and shall continue to en/oy the tenancy rights in respect of the
said pre#ises so long as they shall co#ply with all the ter#s and conditions of this
Agree#ent and notwithstanding the provisions of the Maharashtra Rent Control Act& 444 or
any #odi@cation or re=enact#ent thereto the +wners shall not on any ground ter#inate or
deter#ine the tenancy rights at any ti#e hereinafter or adopt any proceedings or take any
steps to vacate the said pre#ises %y the 'enants save and e-cept for the non=pay#ent of
rent and other outgoings as per the Clause > herein a%ove,

!, )t is here%y irrevoca%ly e-pressly agreed& declared and con@r#ed %y the +wners
that2

.a0 'he said #onthly rent is the standard rent and shall not %e increased %y the +wners
under any circu#stances& notwithstanding the provisions of the Maharashtra Rent Control
Act& 444 or any #odi@cations or re=enact#ents theretoJ

.%0 'he 'enants shall %e entitled to %ring and install in the said pre#ises fro# ti#e to
ti#e such furniture& @ttings and @-tures as #ay %e reEuired %y the tenantsJ

.c0 'he 'enants shall %e entitled to carry out alterations& i#prove#ents and6or
#odi@cations to the interior of the said pre#ises .without the consent of the +wners0 %ut
with the prior necessary per#issions& sanctions and approval of the FMC and all other
concerned authorities .if reEuired0, 8R+V)DCD& A+:CVCR& 'AA' such alteration shall not in
any way da#age the R,C,C, fra#ework or change the elevation of the %uildingJ

.d0 'he tenancy granted will %e herita%le& assigna%le and transfera%le, 'he 'enants
shall& therefore& %e entitled to let& su%=let& grant leave and license or otherwise transfer %y
sale& assign#ent or #ortgage the tenancy rights and part with the possession of the said
pre#ises or any part thereof without any consent of the +wners and on such ter#s and
conditions and for such consideration as the 'enants #ay in their a%solute discretion dee#
@t and the provisions of this clause shall always %e construed to #ean that all such letting&
su%=letting giving on license forever of the said pre#ises or any part thereof and the
transfer6assign#ent6#ortgage of the said pre#ises has %een done with the consent of the
+wners and the +wners will not %e entitled to o%/ect to the sa#e, 8rovided that the
transfer6assign#ent of the tenancy rights in respect of the said pre#ises shall %e for the
whole of the sa#e and not of any part or parts thereof, 8R+V)DCD A+:CVCR 'AA'
notwithstanding any su%=letting or giving on leave R license the 'enants alone will continue
to %e lia%le to or responsi%le for the pay#ent of rent and other outgoings paya%le to the
+wner in pursuance hereof, 8R+V)DCD A+:CVCR 'AA' in the event of the
transfer6assign#ent of the tenancy %y the 'enants in pursuance of the rights reserved to
the# hereunder the rights and lia%ilities of the 'enants hereunder .including the right of
transfer of tenancy 0 shall auto#atically stand transferred to such transferee and 6or the
assignee who shall %eco#e the direct tenant of the +wners and the +wners shall issue the
rent receipt in favour of such transferees6assignee and to each successive
transferee6assignee of the tenancy of the said pre#ises and such transferee6assignee shall
%e %ound %y the ter#s and conditions of this Agree#ent and shall have the sa#e rights in
respect of the said pre#ises and shall %e su%/ect of the sa#e o%/ections as the 'enants
herein AS 8R+V)DCD A(:A7S that the 'ransferees of the tenancy rights of the said pre#ises
and the occupants of the said pre#ises shall only the Aindu VegetariansJ

.e0 'he tenancy of the 'enants or their transferee6assignee6legatee in the said pre#ises
shall not %e ter#inated %y the +wners and their respective heirs& e-ecutors ad#inistrators
and assigns e-cept for non=pay#ent of rent and other outgoings including #unicipal rates
and ta-es as speci@ed in Clause > of this Agree#ent for K .si-0 consecutive #onths provided
such rent& outgoings& #unicipal rates and ta-es shall re#ain in arrears for D .three0 calendar
#onths after the 'enants shall have received fro# the +wners notice in writing reEuiring
pay#ent of such rent as shall have %een in arrears, 'he +wners shall not ter#inate the
tenancy on any other ground including that of personal and %ona@de reEuire#ent of the
+wners or non=use or as reason that the 'enants have acEuired other pre#ises elsewhere or
otherwise,

.f0 )n the event of the 'enants su%=letting and 6 or assigning the tenancy right in respect
of the said pre#ises& the +wners will not levy and charge fees and 6 or increase the rent
@-ed under this Agree#ent,

", 'he speci@cations and a#enities to %e provided in the said pre#ises are set out
in 7nnexure " 6!8 hereto,

4, 'he +wners here%y covenant with the 'enants that on the 'enants o%serving and
perfor#ing the ter#s and conditions herein contained& the 'enants shall %e entitled to hold&
possess& occupy and en/oy the said pre#ises without any interruption %y the +wners or any
person or persons clai#ing fro# through or under the +wners,

?, 'he +wners here%y covenant with the 'enants that they have full right and a%solute
power and authority to grant the tenancy right of the said pre#ises as aforesaid to the
'enants as provided in this Agree#ent,

, )f any notice is reEuired to %e given %y the +wners to the 'enants& the sa#e will %e
sent %y registered post at the address #entioned herein%elow and the sa#e shall %e
suNcient notice to the 'enants, For the said purpose& the address of the 'enants is set out
herein %elow2
I?& RAM SCC'A 8RAMA(8
AA)NSA MARB& MAAR .:CS'0&
MPMFA) I?? ?>3,

3, 'he 'enants shall %e entitled to use and occupy the said pre#ises as #onthly tenant
without any clai# at any ti#e on the ownership of the said pre#ises and6or the said new
%uilding,

D, 'he 'enants agree and %ind the#selves to pay fro# the date of receipt of the vacant
possession of the said pre#ises the proportionate share as deter#ined %y the +wners in
respect of the outgoings of the said pre#ises including insurance charges& property ta-es&
electric charges on account of co##on lights and repairs .including heavy repairs0 to the
said new %uilding and as shall %e incidental to the upkeep of the said new %uilding at
actuals,

I, 'he 'enants here%y agree and undertake to %e a #e#%er of the 'enantsG Association
to %e for#ed %y the tenants of the pre#ises in the said new %uilding ;8aras#ani< in order to
#aintain the water pu#ps& lift& cleaning& security and other services of the said new %uilding
fro# ti#e to ti#e, 'he said Association will collect all outgoings and service charges fro#
the tenants in the said new %uilding and the 'enants agree to pay their proportionate share
in the sa#e to such Association when for#ed, )t is here%y agreed %etween the parties
hereto that the co##on terrace a%ove the !
th
9oor of the said new %uilding& lifts& water
pu#ps& electric @ttings and #achine and water #eters will %e under the co##on control of
the tenants and the +wners occupying the pre#ises in the said new %uilding and it is
therefore& agreed that the 'enants herein will %e responsi%le along with other tenants and
the +wners in the said new %uilding to run& #aintain and repair the sa#e at their cost fro#
ti#e to ti#e, 'he +wners shall contri%ute proportionately towards such #aintenance and
repairs in respect of the pre#ises not let out %y the#& in the said new %uilding,

>, 'he 'enants shall have no rights6clai#s& save and e-cept in respect of the pre#ises
agreed to %e let out to the#,

K, 'he +wners and the Developers have infor#ed the 'enants that the said new
%uilding consisting of ground on stilt and ! .seven0 upper 9oors has %een constructed as per
the %uilding pans as approved %y the Frihan Mu#%ai Mahanagar 8alika under )+D No,
CC6!?>?6:S6AM=,3,44 and Co##ence#ent Certi@cate dated 3?
th
June& 3??? and that the
+wners shall always %e entitled to put additional construction on the said new %uilding %y
utilising the FS) of the said plot of land if the sa#e is increased in future fro# ti#e to ti#e as
also %y utilising FS) of other property %y way of 'ransfera%le Develop#ent Rights .'DR0 as
per the Develop#ent Control Regulations as shall %e in force fro# ti#e to ti#e, Si#ilarly& %y
utilising such increased FS) and6or the FS) of other properties o%tained %y way of 'DR the
+wners shall %e entitled to construct additional structure on the said plot of land, 'he
'enants here%y agree and undertake not to raise o%/ection %efore any authority for the sa#e
and agree and undertake to co=operate with and give all facilities and convenience to the
+wners to put up such additional construction, 'he +wners shall %e entitled to deal with
such additional construction as they #ay fro# ti#e to ti#e deter#ine, 'he provision of this
clause shall always %e construed as the 'enants having granted their consent to the +wners
for carrying out such additional construction on the said new %uilding and6or the said plot of
land,

!, )t is here%y agreed %y and %etween the parties hereto that in case if at a future date
there is any increase in the FS) in respect of the said plot of land& the +wners shall %e
entitled to put up additional 9oors6 additional wings on the said plot of land and6or on the
said new %uilding and the 'enants here%y grant their irrevoca%le consent to the sa#e,

", )t is further agreed %etween the parties hereto that if at any ti#e in future& the said
society per#its grant of co=ownership right to the tenants& the +wners shall convert the
e-isting tenancy rights of the 'enants to co=ownership rights su%/ect to the 'enants paying
3? .one hundred and twenty0 ti#es the #onthly rent, )t is however clearly agreed and
understood %etween the parties that in such event& the 'enants shall %e entitled to co=
ownership right in respect of their 9at only and any %ene@t that #ight accrue in respect of
the said plot of land like additional FS)6'DR FS) etc, shall %elong to the +wners only,

4, 'he +wners and the Developers here%y record and con@r# that the title to the said
plot of land is leasehold as aforesaid and that the said pre#ises is free fro# all
encu#%rances of whatsoever nature and they have not entered into any agree#ent for sale
and6or dealt with the said pre#ises with any one,

3?, )f in the event of @re& te#pest of 9ood or earthEuake or landslide or any other
natural cala#ity& the said new %uilding ;8aras#ani< is destroyed or rendered su%stantially
and per#anently un@t for the purpose of residence& the 'enants alongwith other occupiers of
pre#ises in the said new %uilding shall %e entitled to reconstruct the %uilding at their own
cost& risks and e-penses and the 'enants shall continue to have the sa#e rights as
contained in these presents in the newly constructed 9at and their rights in the said
pre#ises shall not revert to the +wners,

3, 'he 'enants here%y record declare and con@r# that they are Aindu Vegetarian and
that they will su%/ect to the other provisions of this 'enancy Agree#ent use the said
pre#ises for the purpose of residence only and not for any other use and to su%=let and6or
give on leave and licence to a Aindu Vegetarian for residence only su%/ect to the other
provisions of this Agree#ent,

33, 'he sta#p duty and registration charges of and incidentals to this Agree#ent shall
%e %orne and paid %y the 'enants alone,

3D, 'he courts at Mu#%ai alone shall have /urisdiction to this Agree#ent,

'AC SCACDP(C AF+VC RCFCRRCD '+

A(( 'AA' piece and parcel of land or ground %earing C'S No, !>I of Village Juhu& 'aluka
Andheri in the Registration District and Su%=District& Mu#%ai Su%=District and District of
Mu#%ai City and Su%ur%an ad#easuring I>> sE, yds, i,e, 3K,>3 sE, #trs, or therea%outs
%eing 8lot No, 3!& part of 8lot No, I6 together with the structure known as ;8aras#ani<
standing thereon situate at North South Road No, ? .also known as Buru Nanak Road0 in
the Juhu Vile 8arle Develop#ent Sche#e south of )rla Nala %ounded as follows 2

+n or towards the Cast 2 %y partly 8lot No, DD and DI
partly of 8lot No, I6,

+n or towards the :est 2 %y North=South Road No, ?,

+n or towards the North 2 %y 8u%lic Road,

+n or towards the South 2 %y 8lot No, 3K of 8lot No, I6 and %eing part
of C'S No, !>> of Juhu Village,

)N :)'NCSS :ACRC+F& the +wners& the Developers and the 'enants have hereunto set their
respective hands the day and year @rst hereina%ove written,

%y the withinna#ed +wners 0
, 9;:1 J7F7 C7@;I?70: ?AD7C?7B 0
3, ;B1 =BI9=I?<9= C7@;I?70: ?AD7C?7B 0
D, ;91 B7J<9=G7BI C7@;I?70: ?AD7C?7B 0
in the presence of U 0

%y the withinna#ed Developers 0
;J91 70?AB <0:<B/BI9<9 0
through the hands of its partner 0
Mr, SPN)( C, SAAA 0

%y the withinna#ed 'enants 0
, ;B1 EIBD=7BI!=7I !=7J70C7C BD=B7 0
3, ;B1 970J7F EIBD=7BI BD=B7 0

RCCC)8'

RCCC)VCD of and fro# the withinna#ed ;'enants< a su# of Rs,!?&??&???6= .Rupees Seventy
(acs only0 %y way of non=refunda%le pre#iu#6contri%ution as within#entioned to %e %y
the# paid to us& details whereof are as under 2

Cheque/DD No. Date
Drawn on A#ount
6!"# !$.!%.$!!! &riental 'ank of (ommerce )s. *!!*!!!+,
6--" !".--.$!!! ,do, )s. *!!*!!!+,
#%#!- -%.-$.$!!! ,do, )s. *!!*!!!+,
#%6$#. !$.!.$!!- ,do, )s. *!!*!!!+,
#%6$"" -.!.$!!- ,do, )s. *!!*!!!+,
#%6$". !-.!6.$!!- ,do, )s. *!!*!!!+,
%"/!/# --.!..$!!- ,do, )s. *!!*!!!+,
%"/!/% !6.!/.$!!- ,do, )s. *!!*!!!+,
%".%"6 !6.-!.$!!- ,do, )s. *!!*!!!+,
%"$"/! !%.--.$!!- ,do, )s. *!!*!!!+,
%.$.% !.!$.$!!$ ,do, )s. *!!*!!!+,

0otal 1 )s..!*!!*!!!+,

:C SA7 RCCC)VCD
M6S, ANMPR CN'CR8R)SCS

8AR'NCR
D<#<CD/<B9
:)'NCSS 2
700<@AB< " 678
'he plan of the pre#ises
700<@AB< " 6!8

:+e s*eciOcations and t+e amenities to be *ro%ided in t+e $lat H

, )talian Mar%le 8arlata in entire 9at,

3, Decorative entrance lo%%y with sitting arrange#ent,

D, )nter=co# facility to each 9at,

I, Colour work in entire 9at is of (ustur 8aint on wall and Acrily- C#ulsion 8lastic 8aint
on Ceiling,

>, Servants6Drivers Roo# and toilet on each #idlanding 9oor,

K, All Fedroo#s #ade fro# 9ush doors are with glaLe @nish having @ttings with %rass
hinges& %rass stopper and decorative Mortise (ock, 'hese doors also consist of Moulding of
F'C 'eakwood, Main Door having 7ale (atch& Safety chain, Stopper and aldrop with Frass
hinges,

!, :ater puri@er,

", :ater tap line for washing #achine in all %athroo#,

4, Jet %lack of superior Euality Branite platfor# with stainless steel sink, 'here will %e
coloured )vory tiles %elow kitchen platfor# and printed dado tiles over the platfor#,

!at+room doors H

?, Made fro# 9ush doors which are designed with #ouldings and provided with Frass
Ainges, 'hey also have a pair of handles on each side with a stopper and a %athroo# lock
within,

Gindo.s H

, Alu#iniu# sliding of heavy section .door sections0 powder coated6anodised copper
colour windows in all %edroo#s& kitchen& %athroo#s are provided with alu#iniu# louvers,

;ild 9teel Iron Erill H

3, All %edroo#s& drawing roo#s& kitchen and %athroo# are provided with iron grill in
good design,

/laster of /aris Gork H

D, Coating of 8laster of 8aris on all walls in entire 9at,

<lectrical H

I, 'he total conceal electrical work is done in D63?& !63?& D633& copper wires .@nole-0
with C(CF and MCF switches of Sie#ens in the #ain Foard with circuit %reakers,

>, Ca%le ', V, Antenna line in all %edroo#s and drawing roo#s

K, 'elephone wiring provided in all %edroo#s and drawing roo#s,

!, Clectrical switches = M, M, Ro#a Co, provided in the entire 9at,

", Conceal 8lu#%ing @ttings 6 @-tures = JaEuar Co, and )deal +rient Co, .Fest steglath
%rand0,

4, Cach %athroo# provided with wash %asin with #i-er @-ed on it,

3?, All %athroo# walls are @-ed with printed tiles upto full height,

3, All %athroo# provided with 'owel road& napkin ring& soap dish& paper holder& tooth
%rush stand& soap holder and #agaLine stand in colour gold @ttings .C,S,S0,

33, Branite or #irror tile 9ooring in all %athroo#s, Branite @ttings in al %athroo#s to
store linen,

3D, All %athroo#s window provided with #ar%le sill and powder coated louvers,

3I, Sanitary @ttings are of Aindustan Make6 8arryware in pasted dark colour,

?itc+en H

3>, 'here will %e printed tiles on kitchen platfor# dado upto ! ft, height as well as on all
other walls,

3K, 8aniara granite stone provided on kitchen platfor#,

3!, Mova%le tap for sink in all kitchens,

3", Cntire 9at windows provided with #ar%le sills on all four sides,

34, Decorative railings in the staircases,

D?, Main entrance lo%%y )talian #ar%le and Branite 9ooring with designed @-tures with
#irror on walls& arti@cial plans and pots,

D, :ell designed lifts with decorative lift doors& +tis6+ly#pus,

om*ound H

D3, Co#pound wall will %e provided with nice light arrange#ents and sittings place&
having a designed gate,

:errace H

DD, 'errace 9ooring of good china #osaic designed tiles with water proo@ng %y reputed
co#pany with guarantee and parapet wall with suNcient light arrange#ent,

VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
DA'CD 'A)S 55555 DA7 +F 55555555555 3??3

FC':CCN

, 9;:1 J7F7 C7@;I?70: ?AD7C?7B

3, ;B1 =BI9=I?<9= C7@;I?70:
?AD7C?7B

D, ;I99 B7J<9=G7BI C7@;I?70:
?AD7C?7B
U +wners
AND

MCSSRS ANMPR CN'CR8R)SCS
U Developers
AND

;B1 EIBD=7BI!=7I !=7J70C7C BD=B7 N 70B1
U'enants

'CNANC7 ABRCCMCN'

:<070F 7EB<<;<0:

'A)S :<070F 7EB<<;<0: #ade at Mu#%ai this day of
3??3 FC':CCN 415 9;:1 J7F7 C7@;I?70: ?AD7C?7B> 425 ;B1
=BI9=I?<9= C7@;I?70: ?AD7C?7B and 435 ;I99 B7J<9=G7BI C7@;I?70:
?AD7C?7B& all of Mu#%ai )ndian )nha%itants& hereinafter referred to as 6t+e
D.ners8 .which e-pression shall unless it %e repugnant to the conte-t or #eaning thereof
#ean and include their respective heirs& e-ecutors& ad#inistrators and assigns0 of the First
8artJ AND ;J91 70?AB <0:<B/BI9<9& a partnership @r# registered under the 8artnership
Act& 4D3 and having its registered oNce at D?D& Bala-y Arcade& M, B, Road& Vile 8arle
.Cast0& Mu#%ai I?? ?>!& herein referred to as 6t+e De%elo*ers8 .which e-pression shall
unless it %e repugnant to the conte-t or #eaning thereof #ean and include the partners or
partner constituting the said @r# and the partners fro# ti#e to ti#e and survivor or
survivors of the#& his6her heirs& e-ecutors& ad#inistrators and assigns of the last surviving
partner0 of the Second 8artJ AND 415 ;B1 /B7D<</ ?A;7B 97BD7 and 425 ;B91
;7D=A /1 97BD7 %oth of Mu#%ai )ndian )nha%itant hereinafter referred to as 6t+e
:enants8 .which e-pression shall& unless it %e repugnant to the conte-t or #eaning thereof
#ean and include their respective heirs& e-ecutors& ad#inistrators and assigns who shall %e
only Aindu Vegetarians0 of the 'hird 8art2

G = < B < 7 9 H

A, 'he +wners are& in their capacity as the co=owners and as #e#%ers of the Ashok
Nagar Co=operative Aousing Society (td,& JV8D Sche#e& Juhu& Vile 8arle in Frihen Mu#%ai
entitled to undivided share& right& title and interest in the plot of land %eing Final 8lot No, 3!
in the estate of the said society and for#ing part of 8lot No,I6& %earing Survey No,!? .pt0
containing %y ad#easuring I>> sE, yds, eEuivalent to 3I,I sE, #trs, in Juhu Vile 8arle
Develop#ent Sche#e& Juhu 'aluka Andheri in the Registration District and Su%=District of
Mu#%ai City and Su%ur%an and particularly descri%ed in the Schedule hereunder written
.herein referred to as ;the said plot of land<0 as lessees in perpetuity of the said society
together with the %uilding known as ;8ARASMAN)< standing thereon .hereinafter collectively
referred to as ;the said property<0 and #ore particularly descri%ed in the First Schedule
hereunder written, 'he +wners hold the said property as lessees as aforesaid in the
following proportion 2

, S#t, Jaya (a-#ikant Mudalkar = KK,K"W
3, Mr, Arishikesh (a-#ikant Mudalkar = K,KKW
D, Ms, Ra/eshwari (a-#ikant Mudalkar = K,KKW

F, 'he +wners got %uilding plans approved for the construction of the new %uilding
consisting of ground 9oor on stilt and ! .seven0 upper 9oors& .hereinafter referred to as ;the
said new %uilding<0 and put up and co#pleted the construction of the said new %uilding
under )+D No,CC6!?>?6:S6AM=,3,44 and Co##ence#ent Certi@cate dated 3?
th
June& 3???
and o%tained the +ccupation Certi@cate fro# the Frihan Mu#%ai Mahanagar 8alika dated
4
th
April& 3??3J

C, As per the Agree#ent for Develop#ent dated D
th
March& 3??? the +wners had
entrusted the construction of the said new %uilding .%y de#olishing the e-isting %ungalow0
to the Developers on the ter#s and conditions contained thereinJ

D, 'he 'enants is in need of residence6acco##odation and at the reEuest of the
'enants& the +wners6the Developers have agreed to grant unto the 'enants the #onth to
#onth tenancy in respect of Flat No, >?3 on the >
th
9oor ad#easuring 4?? sE, ft, carpet
area and .one0 car parking space under the stilt area and .one0 open car parking space
in the co#pound of the said new %uilding which will %e known as ;8ARASMAN)<& .hereinafter
referred to as ;the said pre#isesG0 constructed on the said plot of land on the ter#s and
conditions hereafter appearing, 'he said pre#ises are delineated in red colour %oundary
line on the plan hereto anne-ed as 7nnexure "678J

C, 'he 'enants here%y records& declares and con@r#s that they are Aindu Vegetarian
and that they will use the said pre#ises for the purpose of residence only and not for any
other useJ

F, )t is necessary to e-ecute this 'enancy Agree#ent,

0DG :=<9< /B<9<0:9 GI:0<99<:= 70D I: I9 =<B<!F 7EB<<D> D<C7B<D 70D
B<DBD<D !F 70D !<:G<<0 :=< /7B:I<9 =<B<:D 79 A0D<BH

, )t is speci@cally& agreed that the foregoing recitals shall %e treated as an integral part
of this Agree#ent and all the parties shall carry out their respective o%ligations as contained
in the said recitals and shall give eTect to the various arrange#ents therein speci@ed,

3, At the reEuest of the Developers& the +wners do and each of the# doth here%y
de#ise to the 'enants the #onth to #onth tenancy rights in respect of the pre#ises %eing
Flat No, >?3 ad#easuring 4?? sE, ft, carpet area on the >
th
9oor and .one0 car parking
space in the stilt area and .one0 open car parking space in the co#pound of the Fuilding
known as ;8ARASMAN)< situated at 8lot No, 3!& JV8D Sche#e of the estate of the Ashok
Nagar Co=operative Aousing Society (td,& Mu#%ai I?? ?I4 .hereinafter for %revityGs sake
referred to as ;the said pre#ises<0 on #onthly rent of Rs, 3>?6= .Rupees 'wo Aundred R Fifty
only0 including a #onthly rent of Rs,>?6= in respect of the two car parking spaces& net of all
ta-es and outgoings to %e paid in advance to the +wners on or %efore the >
th
day of each
and every calendar #onth, 'he su%seEuent pay#ents shall %e #ade on or %efore the >
th
day
of each calendar #onth in advance, 'he Floor 8lan for the said pre#ises is anne-ed hereto
as Anne-ure ;A<,

D, .a0 'he 'enants have agreed to pay to the Developers a su# of Rs,!?&??&???6=
.Rupees Seventy (acs only0 %y way of non=refunda%le contri%ution6pre#iu# for procuring
tenancy rights in favour of the 'enants in respect of the said pre#ises, +ut of the aforesaid
total non=refunda%le contri%ution6pre#iu#& a su# of Rs,DD&DD&DDD6= shall %e appropriated %y
the Developers to the +wnersG account& %eing the advance pre#iu# paid %y the Developers
to the +wners under Clause > of the Agree#ent for Develop#ent dated D
th
March& 3???
and the %alance shall %e appropriated %y the Developers to the#selves on their own
account,

.%0 'he said a#ount of Rs,!?&??&???6= . Rupees Seventy (acs only0 has %een paid on or
%efore the e-ecution of these presents %y the 'enants to the Developers .pay#ent and
receipt whereof& the Developers do here%y ad#it and acknowledge0,

'he Developers have on the e-ecution hereof with the consent of the +wners and in view of
the 'enants having paid to the Developers the said su# of Rs,!?&??&???6= as non=refunda%le
contri%ution6pre#iu# for procuring the tenancy of the said pre#ises put the 'enants in
occupation of the said pre#ises and the 'enants shall occupy the said pre#ises as #onth to
#onth tenant of the +wners,

.c0 )n addition to the a%ove& the 'enants have also paid to the Developers the following
a#ount 2

.i0 Rs, >&???6= .Rupees Fifteen 'housand only0 towards legal costs and
chargesJ

.ii0 Rs, 3"&???6= .Rupees 'wenty Cight 'housand only0 towards rei#%urse#ent
of proportionate develop#ent chargesJ and

.iii0 Rs, 3>&???6= .Rupees 'wenty Five 'housand only0 towards electric #eter
deposit,

I, 'he 'enants shall have no right& title and interest of whatsoever nature in the said
plot of land and the said new %uilding ;8aras#ani< constructed on the said plot of land save
and e-cept the said pre#ises which is rented out %y the +wner to the 'enants as #entioned
in this 'enancy Agree#ent,

>, 'he 'enants here%y undertake that in addition to the #onthly rent& the 'enants shall
pay on or %efore the >
th
day of each and every calendar #onth their proportionate share of
the actual e-penses of the lift& #aintenance& watch#en& sweeper& #ali& co##on electricity&
water charges& all other outgoings and pay#ents in respect of the said pre#ises as
deter#ined %y the +wners, )n addition to the sa#e& the 'enants shall also pay in respect of
the said pre#ises all e-isting and future Municipal rates& ta-es& cesses& charges& levies
.including all increases therein0 and all other pay#ents %y whatever na#e called and
paya%le to the local authorities& revenue authorities and all other authorities co#petent to
levy the sa#eJ the intention of the parties %eing that the #onthly rent of Rs,3>?6= .Rupees
'wo Aundred R Fifty only0 paya%le %y the 'enants in respect of the said pre#ises as
#entioned in Clause 3 hereof is the net rent and all other pay#ents charges and e-penses
to %e #ade and6or incurred in respect of the said pre#ises and whether paya%le to the
+wners or anyone else as also to the local authorities and the State and Central Bovern#ent
shall %e %orne and paid %y the 'enants alone and the o%ligation and responsi%ility for the
pay#ent thereof shall %e of the 'enants alone,

K, )t is here%y agreed that the 'enants shall as fro# the date hereof possess and en/oy
the said pre#ises as tenant and shall continue to en/oy the tenancy rights in respect of the
said pre#ises so long as they shall co#ply with all the ter#s and conditions of this
Agree#ent and notwithstanding the provisions of the Maharashtra Rent Control Act& 444 or
any #odi@cation or re=enact#ent thereto the +wners shall not on any ground ter#inate or
deter#ine the tenancy rights at any ti#e hereinafter or adopt any proceedings or take any
steps to vacate the said pre#ises %y the 'enants save and e-cept for the non=pay#ent of
rent and other outgoings as per the Clause > herein a%ove,

!, )t is here%y irrevoca%ly e-pressly agreed& declared and con@r#ed %y the +wners
that2

.a0 'he said #onthly rent is the standard rent and shall not %e increased %y the +wners
under any circu#stances& notwithstanding the provisions of the Maharashtra Rent Control
Act& 444 or any #odi@cations or re=enact#ents theretoJ

.%0 'he 'enants shall %e entitled to %ring and install in the said pre#ises fro# ti#e to
ti#e such furniture& @ttings and @-tures as #ay %e reEuired %y the tenantsJ

.c0 'he 'enants shall %e entitled to carry out alterations& i#prove#ents and6or
#odi@cations to the interior of the said pre#ises .without the consent of the +wners0 %ut
with the prior necessary per#issions& sanctions and approval of the FMC and all other
concerned authorities .if reEuired0, 8R+V)DCD& A+:CVCR& 'AA' such alteration shall not in
any way da#age the R,C,C, fra#ework or change the elevation of the %uildingJ

.d0 'he tenancy granted will %e herita%le& assigna%le and transfera%le, 'he 'enants
shall& therefore& %e entitled to let& su%=let& grant leave and license or otherwise transfer %y
sale& assign#ent or #ortgage the tenancy rights and part with the possession of the said
pre#ises or any part thereof without any consent of the +wners and on such ter#s and
conditions and for such consideration as the 'enants #ay in their a%solute discretion dee#
@t and the provisions of this clause shall always %e construed to #ean that all such letting&
su%=letting giving on license forever of the said pre#ises or any part thereof and the
transfer6assign#ent6#ortgage of the said pre#ises has %een done with the consent of the
+wners and the +wners will not %e entitled to o%/ect to the sa#e, 8rovided that the
transfer6assign#ent of the tenancy rights in respect of the said pre#ises shall %e for the
whole of the sa#e and not of any part or parts thereof, 8R+V)DCD A+:CVCR 'AA'
notwithstanding any su%=letting or giving on leave R license the 'enants alone will continue
to %e lia%le to or responsi%le for the pay#ent of rent and other outgoings paya%le to the
+wner in pursuance hereof, 8R+V)DCD A+:CVCR 'AA' in the event of the
transfer6assign#ent of the tenancy %y the 'enants in pursuance of the rights reserved to
the# hereunder the rights and lia%ilities of the 'enants hereunder .including the right of
transfer of tenancy 0 shall auto#atically stand transferred to such transferee and 6or the
assignee who shall %eco#e the direct tenant of the +wners and the +wners shall issue the
rent receipt in favour of such transferees6assignee and to each successive
transferee6assignee of the tenancy of the said pre#ises and such transferee6assignee shall
%e %ound %y the ter#s and conditions of this Agree#ent and shall have the sa#e rights in
respect of the said pre#ises and shall %e su%/ect of the sa#e o%/ections as the 'enants
herein AS 8R+V)DCD A(:A7S that the 'ransferees of the tenancy rights of the said pre#ises
and the occupants of the said pre#ises shall only the Aindu VegetariansJ

.e0 'he tenancy of the 'enants or their transferee6assignee6legatee in the said pre#ises
shall not %e ter#inated %y the +wners and their respective heirs& e-ecutors ad#inistrators
and assigns e-cept for non=pay#ent of rent and other outgoings including #unicipal rates
and ta-es as speci@ed in Clause > of this Agree#ent for K .si-0 consecutive #onths provided
such rent& outgoings& #unicipal rates and ta-es shall re#ain in arrears for D .three0 calendar
#onths after the 'enants shall have received fro# the +wners notice in writing reEuiring
pay#ent of such rent as shall have %een in arrears, 'he +wners shall not ter#inate the
tenancy on any other ground including that of personal and %ona@de reEuire#ent of the
+wners or non=use or as reason that the 'enants have acEuired other pre#ises elsewhere or
otherwise,

.f0 )n the event of the 'enants su%=letting and 6 or assigning the tenancy right in respect
of the said pre#ises& the +wners will not levy and charge fees and 6 or increase the rent
@-ed under this Agree#ent,

", 'he speci@cations and a#enities to %e provided in the said pre#ises are set out
in 7nnexure " 6!8 hereto,

4, 'he +wners here%y covenant with the 'enants that on the 'enants o%serving and
perfor#ing the ter#s and conditions herein contained& the 'enants shall %e entitled to hold&
possess& occupy and en/oy the said pre#ises without any interruption %y the +wners or any
person or persons clai#ing fro# through or under the +wners,

?, 'he +wners here%y covenant with the 'enants that they have full right and a%solute
power and authority to grant the tenancy right of the said pre#ises as aforesaid to the
'enants as provided in this Agree#ent,

, )f any notice is reEuired to %e given %y the +wners to the 'enants& the sa#e will %e
sent %y registered post at the address #entioned herein%elow and the sa#e shall %e
suNcient notice to the 'enants, For the said purpose& the address of the 'enants is set out
herein %elow2

D"& V)MAS CCN'RC& S, V, R+AD&
SAN'ACRPX .:CS'0&
MPMFA) I?? ?>I,

3, 'he 'enants shall %e entitled to use and occupy the said pre#ises as #onthly tenant
without any clai# at any ti#e on the ownership of the said pre#ises and6or the said new
%uilding,

D, 'he 'enants agree and %ind the#selves to pay fro# the date of receipt of the vacant
possession of the said pre#ises the proportionate share as deter#ined %y the +wners in
respect of the outgoings of the said pre#ises including insurance charges& property ta-es&
electric charges on account of co##on lights and repairs .including heavy repairs0 to the
said new %uilding and as shall %e incidental to the upkeep of the said new %uilding at
actuals,

I, 'he 'enants here%y agree and undertake to %e a #e#%er of the 'enantsG Association
to %e for#ed %y the tenants of the pre#ises in the said new %uilding ;8aras#ani< in order to
#aintain the water pu#ps& lift& cleaning& security and other services of the said new %uilding
fro# ti#e to ti#e, 'he said Association will collect all outgoings and service charges fro#
the tenants in the said new %uilding and the 'enants agree to pay their proportionate share
in the sa#e to such Association when for#ed, )t is here%y agreed %etween the parties
hereto that the co##on terrace a%ove the !
th
9oor of the said new %uilding& lifts& water
pu#ps& electric @ttings and #achine and water #eters will %e under the co##on control of
the tenants and the +wners occupying the pre#ises in the said new %uilding and it is
therefore& agreed that the 'enants herein will %e responsi%le along with other tenants and
the +wners in the said new %uilding to run& #aintain and repair the sa#e at their cost fro#
ti#e to ti#e, 'he +wners shall contri%ute proportionately towards such #aintenance and
repairs in respect of the pre#ises not let out %y the#& in the said new %uilding,

>, 'he 'enants shall have no rights6clai#s& save and e-cept in respect of the pre#ises
agreed to %e let out to the#,

K, 'he +wners and the Developers have infor#ed the 'enants that the said new
%uilding consisting of ground on stilt and ! .seven0 upper 9oors has %een constructed as per
the %uilding pans as approved %y the Frihan Mu#%ai Mahanagar 8alika under )+D No,
CC6!?>?6:S6AM=,3,44 and Co##ence#ent Certi@cate dated 3?
th
June& 3??? and that the
+wners shall always %e entitled to put additional construction on the said new %uilding %y
utilising the FS) of the said plot of land if the sa#e is increased in future fro# ti#e to ti#e as
also %y utilising FS) of other property %y way of 'ransfera%le Develop#ent Rights .'DR0 as
per the Develop#ent Control Regulations as shall %e in force fro# ti#e to ti#e, Si#ilarly& %y
utilising such increased FS) and6or the FS) of other properties o%tained %y way of 'DR the
+wners shall %e entitled to construct additional structure on the said plot of land, 'he
'enants here%y agree and undertake not to raise o%/ection %efore any authority for the sa#e
and agree and undertake to co=operate with and give all facilities and convenience to the
+wners to put up such additional construction, 'he +wners shall %e entitled to deal with
such additional construction as they #ay fro# ti#e to ti#e deter#ine, 'he provision of this
clause shall always %e construed as the 'enants having granted their consent to the +wners
for carrying out such additional construction on the said new %uilding and6or the said plot of
land,

!, )t is here%y agreed %y and %etween the parties hereto that in case if at a future date
there is any increase in the FS) in respect of the said plot of land& the +wners shall %e
entitled to put up additional 9oors6 additional wings on the said plot of land and6or on the
said new %uilding and the 'enants here%y grant their irrevoca%le consent to the sa#e,

", )t is further agreed %etween the parties hereto that if at any ti#e in future& the said
society per#its grant of co=ownership right to the tenants& the +wners shall convert the
e-isting tenancy rights of the 'enants to co=ownership rights su%/ect to the 'enants paying
3? .one hundred and twenty0 ti#es the #onthly rent, )t is however clearly agreed and
understood %etween the parties that in such event& the 'enants shall %e entitled to co=
ownership right in respect of their 9at only and any %ene@t that #ight accrue in respect of
the said plot of land like additional FS)6'DR FS) etc, shall %elong to the +wners only,

4, 'he +wners and the Developers here%y record and con@r# that the title to the said
plot of land is leasehold as aforesaid and that the said pre#ises is free fro# all
encu#%rances of whatsoever nature and they have not entered into any agree#ent for sale
and6or dealt with the said pre#ises with any one,

3?, )f in the event of @re& te#pest of 9ood or earthEuake or landslide or any other
natural cala#ity& the said new %uilding ;8aras#ani< is destroyed or rendered su%stantially
and per#anently un@t for the purpose of residence& the 'enants alongwith other occupiers of
pre#ises in the said new %uilding shall %e entitled to reconstruct the %uilding at their own
cost& risks and e-penses and the 'enants shall continue to have the sa#e rights as
contained in these presents in the newly constructed 9at and their rights in the said
pre#ises shall not revert to the +wners,

3, 'he 'enants here%y record declare and con@r# that they are Aindu Vegetarian and
that they will su%/ect to the other provisions of this 'enancy Agree#ent use the said
pre#ises for the purpose of residence only and not for any other use and to su%=let and6or
give on leave and licence to a Aindu Vegetarian for residence only su%/ect to the other
provisions of this Agree#ent,

33, 'he sta#p duty and registration charges of and incidentals to this Agree#ent shall
%e %orne and paid %y the 'enants alone,

3D, 'he courts at Mu#%ai alone shall have /urisdiction to this Agree#ent,

A(( 'AA' piece and parcel of land or ground %earing C'S No, !>I of Village Juhu& 'aluka
Andheri in the Registration District and Su%=District& Mu#%ai Su%=District and District of
Mu#%ai City and Su%ur%an ad#easuring I>> sE, yds, i,e, 3",I sE, #trs, or therea%outs
%eing 8lot No, 3!& part of 8lot No, I6 together with the structure known as ;8aras#ani<
standing thereon situate at North South Road No, ? .also known as Buru Nanak Road0 in
the Juhu Vile 8arle Develop#ent Sche#e south of )rla Nala %ounded as follows 2

+n or towards the Cast 2 %y partly 8lot No, DD and DI
partly of 8lot No, I6,
+n or towards the :est 2 %y North=South Road No, ?,
+n or towards the North 2 %y 8u%lic Road,
+n or towards the South 2 %y 8lot No, 3K of 8lot No, I6 and %eing part
of C'S No, !>> of Juhu Village,

)N :)'NCSS :ACRC+F& the +wners& the Developers and the 'enants have hereunto set their
respective hands the day and year @rst hereina%ove written,

, 9;:1 J7F7 C7@;I?70: ?AD7C?7B 0
3, ;B1 =BI9=I?<9= C7@;I?70: ?AD7C?7B 0
D, ;91 B7J<9=G7BI C7@;I?70: ?AD7C?7B 0

;J91 70?AB <0:<B/BI9<9 0
through the hands of its partner 0
Mr, SPN)( C, SAAA 0

%y the withinna#ed 'enants 0
, ;B1 /B7D<</ ?A;7B 97BD7 0
3, ;B91 ;7D=A /1 97BD7 0
RCCC)8'

RCCC)VCD of and fro# the withinna#ed ;'enants< a su# of Rs,!?&??&???6= .Rupees Seventy
(acs only0 %y way of non=refunda%le pre#iu#6contri%ution as within#entioned to %e %y
the# paid to us& details whereof are as under 2

Cheque/DD No. Date Drawn on
A#ount
/%-%%/ -$.!$.$!!- (iti 'ank 2. A. )s. .*!!*!!!+,
/%-%/! -$.!#.$!!- ,do, )s.-%*!!*!!!+,
!!//"" $$.!.$!!- ,do, )s.-*!!*!!!+,
!!//." !$.!%.$!!- ,do, )s.-*!!*!!!+,
!/.". !6.--.$!!- ,do, )s. *!!*!!!+,
---/% -$.!$.$!!$ ,do, )s. *!!*!!!+,
$!!-6" !#.!.$!!$ ,do, )s. $*!*!!!+,
$#./! -.!.$!!$ ,do, )s. $*!*!!!+,
0otal 1 )s..!*!!*!!!+,

:C SA7 RCCC)VCD
M6S, ANMPR CN'CR8R)SCS

8AR'NCR
D<#<CD/<B9

:)'NCSS 2
700<@AB< " 678
'he plan of the pre#ises
700<@AB< " 6!8

:+e s*eciOcations and t+e amenities to be *ro%ided in t+e $lat H

, )talian Mar%le 8arlata in entire 9at,

3, Decorative entrance lo%%y with sitting arrange#ent,

D, )nter=co# facility to each 9at,

I, Colour work in entire 9at is of (ustur 8aint on wall and Acrily- C#ulsion 8lastic 8aint
on Ceiling,

>, Servants6Drivers Roo# and toilet on each #idlanding 9oor,

K, All Fedroo#s #ade fro# 9ush doors are with glaLe @nish having @ttings with %rass
hinges& %rass stopper and decorative Mortise (ock, 'hese doors also consist of Moulding of
F'C 'eakwood, Main Door having 7ale (atch& Safety chain, Stopper and aldrop with Frass
hinges,

!, :ater puri@er,

", :ater tap line for washing #achine in all %athroo#,

4, Jet %lack of superior Euality Branite platfor# with stainless steel sink, 'here will %e
coloured )vory tiles %elow kitchen platfor# and printed dado tiles over the platfor#,

!at+room doors H

?, Made fro# 9ush doors which are designed with #ouldings and provided with Frass
Ainges, 'hey also have a pair of handles on each side with a stopper and a %athroo# lock
within,

Gindo.s H

, Alu#iniu# sliding of heavy section .door sections0 powder coated6anodised copper
colour windows in all %edroo#s& kitchen& %athroo#s are provided with alu#iniu# louvers,

;ild 9teel Iron Erill H

3, All %edroo#s& drawing roo#s& kitchen and %athroo# are provided with iron grill in
good design,

/laster of /aris Gork H

D, Coating of 8laster of 8aris on all walls in entire 9at,

<lectrical H

I, 'he total conceal electrical work is done in D63?& !63?& D633& copper wires .@nole-0
with C(CF and MCF switches of Sie#ens in the #ain Foard with circuit %reakers,

>, Ca%le ', V, Antenna line in all %edroo#s and drawing roo#s

K, 'elephone wiring provided in all %edroo#s and drawing roo#s,

!, Clectrical switches = M, M, Ro#a Co, provided in the entire 9at,

", Conceal 8lu#%ing @ttings 6 @-tures = JaEuar Co, and )deal +rient Co, .Fest steglath
%rand0,

4, Cach %athroo# provided with wash %asin with #i-er @-ed on it,

3?, All %athroo# walls are @-ed with printed tiles upto full height,

3, All %athroo# provided with 'owel road& napkin ring& soap dish& paper holder& tooth
%rush stand& soap holder and #agaLine stand in colour gold @ttings .C,S,S0,

33, Branite or #irror tile 9ooring in all %athroo#s, Branite @ttings in al %athroo#s to
store linen,

3D, All %athroo#s window provided with #ar%le sill and powder coated louvers,

3I, Sanitary @ttings are of Aindustan Make6 8arryware in pasted dark colour,

?itc+en H

3>, 'here will %e printed tiles on kitchen platfor# dado upto ! ft, height as well as on all
other walls,

3K, 8aniara granite stone provided on kitchen platfor#,

3!, Mova%le tap for sink in all kitchens,

3", Cntire 9at windows provided with #ar%le sills on all four sides,

34, Decorative railings in the staircases,

D?, Main entrance lo%%y )talian #ar%le and Branite 9ooring with designed @-tures with
#irror on walls& arti@cial plans and pots,

D, :ell designed lifts with decorative lift doors& +tis6+ly#pus,

om*ound H

D3, Co#pound wall will %e provided with nice light arrange#ents and sittings place&
having a designed gate,

:errace H

DD, 'errace 9ooring of good china #osaic designed tiles with water proo@ng %y reputed
co#pany with guarantee and parapet wall with suNcient light arrange#ent,

DA'CD 'A)S 55555 DA7 +F 55555555555 3??3

FC':CCN

, 9;:1 J7F7 C7@;I?70: ?AD7C?7B

3, ;B1 =BI9=I?<9= C7@;I?70:
?AD7C?7B

D, ;I99 B7J<9=G7BI C7@;I?70:
?AD7C?7B
U +wners

AND

MCSSRS ANMPR CN'CR8R)SCS
U Developers

AND

;B1 /B7D<</ ?A;7B 97BD7 N 70B1
U'enants

'CNANC7 ABRCCMCN'

Ppon the Developers handing over the possession of the said Flat in accordance with the
provisions of this Agree#ent& the 'enant shall 2=

.a0 Fe entitled to use and occupy the said new pre#ises only for residential purpose& 555
.%0 Not use the said new pre#ises for any purpose other than the aforesaid purpose for
which it is allotted nor shall he6she6they use the said new pre#ises for any purpose which
#ay, or is likely to cause nuisance or annoyance& or for any illegal or i##oral purposeJ
.c0 Not do ro suTer to %e done anything in or to the said new pre#ises& or to the
co##on areas& a#enities& facilities and service which #ay %e against the rules& regulations
and %ye=laws of the MCBF or any other authority& or of such SocietyJ
.d0 Not change& alter& #odify or #ake any addition to the said new pre#ises or any part
thereofJ
.e0 Not decorate the e-terior of the said new pre#isesJ
.f0 Not directly or indirectly& or in any #anner whatsoever& do& or co##it& or o#it to do
any act& deed& #atter or thing where%y& or %y reason whereof the develop#ent work %eing
carried out on the said property %y the Developers is o%structed& pre/udiced or adversely
aTectedJ and
.g0 At his6her6their own cost and e-penses& #aintain and keep the said new pre#ises&
walls& partition walls& sewers& drains& pipes and all appurtenances thereto& in good and
tenanta%le repair and condition& and in particular& so as to support& safeguard& preserve&
shelter and protect the parts of the said %uilding other than his6her6their said new pre#ises,
'he 'enant further the colu#ns& %ea#s& sla%s& R,C,C, structures or other structural #e#%ers
without the prior written per#ission of the Developers and their Architects, Any dispute or
diTerence %etween the parties hereto in this regard shall %e forthwith referred to the
Ar%itrators na#ed herein,

3, 'he 'enant agrees& undertakes and %inds hi#self6herself to pay to the Developers
regularly every #onth& %y the >
th
day of each Cnglish calender #onth& until the said property
is conveyed in favour of the said society as aforesaid& the proportionate share that #ay %e
#utually decided %y the parties hereto towards .a0 insurance pre#iu#& .%0 all Municipal and
other rates& ceases& assess#ents& ta-es and outgoings that #ay fro# ti#e to ti#e %e levied
against the said property and the %uildings constructed thereon& and .c0 all outgoings
whatsoever& including for a sinking fund or for the #aintenance and #anage#ent of such
society, After the said property is conveyed in favour of such a#ounts directly to such
society& as #ay %e deter#ined and directed %y such society& toward such outgoings, )n order
that the 9at holder does not co##it default and other 9at purchaser shall take possession of
the said new pre#ises& the 'enant shall deposit and keep deposited with su# calculated at
the rate of Rs, >?6= per sE, ft, and the %uilder will U the CheEue for such a#ount calculated
as a%ove and will deposit the said cheEue in a separate %ank account to %e opened in the
na#e of the society if the sa#e in registered %y that ti#e otherwise in the na#es of the
persons at the pro#oters of the said society or pro#oters as the case #ay %e decided fro#
ti#e to ti#e and interest so received will %e utilised for #eeting the aforesaid asn other
outgoings and in the event there is any shortfall the 9at holder will give his contri%ution, 'he
developers agree to incorporate si#ilar clause in the Agree#ent with each 9at holder
including the purchaser and the tenant who will give per#anent alternate acco##odation in
the event %ank account is opened in the na#e of the pro#oters such %ank account and
a#ount lying therein shall %e transferred in the na#e if the society on incorporation thereof,
D, 'he 'enant shall %e entitled to sell and 6 or transfer his6her6their rights and %ene@ts
with regard to the said new pre#ises to any person6s and the Developers shall in such an
event recognise such purchaser as the 8urchaser of the said new pre#ises on the sa#e
ter#s and conditions on which the 'enant to pay any transfer or other charges 6 fees in that
%ehalf, 8rovided however& that if the 'enant desires to sell and6or transfer his6her6their rights
and %ene@ts shifted to the said new pre#ises& he6she shall %e entitled to do so only with the
prior written approval and per#ission of the Developers6authorised representatives,

'he 'enant here%y agrees and undertakes to duly co#ply with and o%serve the provisions of
clause 3 herein& when e-ercising his6her6their rights under this clause,

I, Su%/ect to the provisions of the said Agree#ents with the said 'rust& if any
portion6part of the said property is acEuired or noti@ed to %e acEuired %y the Bovern#ent& or
any other pu%lic %ody or Authority& the Developers shall till the entire develop#ent of the
said property is co#pleted& and such Society is for#ed and registered& %y entitled to receive
all the %ene@ts in respect thereof and6or the co#pensatory F,S,), , and all other %ene@ts
which #ay %e granted6 per#itted in lieu thereof, 'he Developers shall entitled to use any
additional F,S,) and 6 or ',D,R, that #ay %e granted6per#itted %y the Bovern#ent or any
other local %ody or authority for construction on the said property or any other outside
property, 'he 'enant shall not %e entitled to raise any dispute or o%/ection to the sa#e& or
clai# any co#pensation or da#ages on account of the sa#e& on any ground whatsoever,

)t is agreed and understood %y and %etween the parties hereto that if the per#itted 9oor
space inde- or density thought availa%le %ut not sanctioned at the ti#e such society is
for#ed and registered& and at the ti#e the said property is transferred6conveyed& the
Developers will have the sole and a%solute right and shall %e entitled to put additional
construction& and6or consu#e such %alance and6or availa%le F,S,), of the said property %y
eTecting further construction on the said property even after the registration of such society
and the transfer6conveyance of the said property provided however that such FS) does not
e-ceed the FS) agreed to %e per#itted to %e developed to the developers %y the 'rust,

>, 'he 'enant here%y agrees and undertakes that in the event of any a#ount %eing
paya%le %y way of any security deposit for the purpose of giving water and electricity
connections, 'he 'enant shall pay the sa#e in proportion to the area of the said new
pre#ises, All other deposits of any nature whatsoever shall %e paya%le %y the developers,

K.a0, 'he Developers as pro#oters of such society shall take all necessary steps and
proceedings for the for#ation and registration of such society, 'he tenant agrees and
undertakes to %eco#e a #e#%er of such society %y su%scri%ing to the reEuisite nu#%er of
shares thereof and %y doing and perfor#ing all other necessary acts& deeds& #atters and
things in this regard,

.%0 'he 'enant shall on de#and %eing #ade %y the Developers for the sa#e& or %efore
taking possession of the said new pre#ises& pay to the Developers& a su# of Rs, 3>?6= and a
su# of Rs, ?6= towards the share #oney and entrance fee respectively of such society and
the deposits if any& paya%le to such society,

.c0 'he 'enant here%y agrees and undertakes to co#ply with& o%serve and perfor# all
the rules& regulations and %ye=law of such society& and to regularly pay all his6her6their
contri%utions that #ay %e charged %y such society,

!, 'he Solicitors and Advocates of the Developers shall prepare the Conveyance and all
other deeds& docu#ents and writings to %e e-ecuted in pursuance of these presents as also
the Rules& Regulations and Fye=law in connection with such Society and the sa#e shall %e
@nalised in consultation with and upon o%taining the approval to the sa#e of the 'enantGs
Solicitors and Advocates,

", All notices to %e served %y either party hereto& to the other as conte#plated %y this
Agree#ent& shall %e dee#ed to have %een fully served only if sent to other %y Registered
8ost A,D, or any other #ethod of recorded delivery& at the following addresses 2=

.a0, M6s Ac#e Cngineering Corporation
Ac#e Bhar&
Mhandu%hai Desai Road&
Vile 8arle .:est0&
Mu#%ai Y I?? ?>K,

.%0, 'he 'enant&
Birkuni 8alira# Road&
Andheri .:est0
Mu#%ai Y I?? ?>",

4, 'he 'enant shall not do& or co##it& or o#it to do or cause to %e done any act& deed&
#atter or thing which shall or #ay render void or viola%le any insurance of the said property
together with the construction thereon& or cause any increased pre#iu# to %e paya%le
inrespect thereof,

3?, 'he entire co#ple- to %e constructed %y the Developers on the said property shall
%e na#ed ;AMSAA7=B)R)MPNJ<& and the na#e of such society to %e for#ed and registered as
aforesaid shall %e ;8A()RAM C+=+8CRA')VC A+PS)NB S+C)C'7 ()M)'CD< and the said na#es
shall not at any ti#e %e altered6changed .withour the prior written per#ission fro# the
Developers and the said 'rust0,

3, Pnder the said Agree#ents with the said 'rust& the Developers are reEuired to
sell6transfer6allot the 9ats6pre#ises in the new %uildings6structures to %e constructed %y
the# on the said property& to vegetarians only, 'he 'enant here%y declares& represents and
con@r#s that he6she is a vegetarian and further that he6she shall at all ti#es hereafter duly
o%serve and co#ply with the aforesaid ter# and condition including at the ti#e of selling 6
transferring the said 9at under the provisions of clause D hereina%ove,

33, 'he parties hereto are aware that presently there is te#ple on the said property,
Pnder the said Agree#ents& the Developers are reEuired to ensure that such society in
whose favour the said property is to %e conveyed& grants a lease in perpetuity in favour of
the said 'rust of the said 'e#ple area& at a no#inal annual rent of Rs, 6= .if de#anded0,

'he 'enant here%y grants his6her6their )rrevoca%le and unconditional consent and
per#ission to the sa#e& and shall not raise any o%/ection or dispute with regard to the sa#e

3D, 'his Agree#ent shall always %e su%/ect to the provisions contained in the
Maharashtra +wnership Flats Acts& 4KD and the Maharashtra +wnership Flats Rules& 4KI
and any other provisions of law applica%le thereto,

3I, 'he sta#p duty and registration charges on this Agree#ent and any other docu#ent
in poursuance of this Agree#ent or other to %e e-ecuted %y the 'enant& shall %e %orne and
paid %y the Developers& and the 'enant shall not %e lia%le or responsi%le for the sa#e,

3>, For the purposes of calculating the sta#p duty paya%le on this transaction according
to the Developers the valuation of the sa#e will %e at 3 .one hundred and twelve0 ti#es
the #onthly rent last paid %y the 'enant for the said old pre#ises, ),e, Rs, 555 as stated
hereina%lve and conseEuently the valuation shall %e Rs, 555 .i,e, Rs, 5555 30

3!, )n the event of any dispute or diTerence arising %etween the parties hereto
concerning their respective rights& duties& o%ligation& lia%ilities or responsi%ilities as recorded
herein& and6or with regard to the eTect& interpretation& #eaning or construction of any of the
ter#s and conditions contained herein& and6or in respect of any act& deed& #atter& done or
perfor#ed& or to %e #ade& done or perfor#ed in pursuance hereto& and6or in respect of any
other #atter or thing whatsoever concerning this Agree#ent& %ut not herein e-pressly
provided for& the sa#e shall %e forthwith referred to the /oint ar%itration of Mr, Mantilal
Pnderkat Solicitor and Advocate appointed %y the 'enant and the Developers respectively
who shall have su##ary powers, 'he said ar%itration shall %e su%/ect to the provisions of
the Ar%itration Act& 4I? or any statutory #odi@cation or re=enact#ent shall have all the
powers #entioned in the second schedule to the Ar%itration Act& 4I? including

7EB<<;<0:

'A)S ABRCCMCN' #ade at Mu#%ai this 555 day of 5555555555& 55555 FC':CCN M6S, ACMC
CNB)NCCR)NB C+R8+RA')+N& a 8artnership Fir#& registered under the )ndian 8artnership
act& 4D3& having its registered oNce at Ac#e Bhar& Mhandu%hai Desai Road& Vlile 8arle
.:est0& Mu#%ai I?? ?>K& through its partners .0 8ravin A, Doshi .APF0 through its Marta and
Manager Mr, 8ravin A, Doshi& .30 Mrs, Neela 8ravin Doshi& .D0 8ravin A#idas Mehta .APF0
through its Marta and Manager Mr, 8ravin A#idas Mehta and .I0 Mrs, Jayshree 8ravin Mehta
hereafter for the sake of %revity referred to as Othe DevelopersO .which e-pression shall
unless it %e repugnant to the conte-t or #eaning thereof %e dee#ed to #ean and include to
#ean and include the partners for the ti#e %eing and fro# ti#e to ti#e constituting the said
Fir#& the survivor6s of the#& and the heirs& e-ecutes and ad#inistrators of the last surviving
partner6s0 of the +ne 8art AND Mr,6Mrs,6M6s, 5555555555555555555555555555555555 residing at
5555555555555555555555555555555555555555555 hereinafter for the sake of %revity referred to as
Othe 'enant6sO .which e-pression shall unless it %e repugnant to the conte-t or #eaning
thereof %e dee#ed to #ean and include his6her6their respective heirs& e-ecutors&
ad#inistrators and assigns0 of the +ther 8art 2

:ACRCAS 2

A, 'he 8alira# Fri/lal Charity 'rust& a pu%lic charita%le trust registered under the
Fo#%ay 8u%lic 'rusts Act& 4>?& having its oNce at Firikuni& 8alira# Road& Andheri .:est0&
Fo#%ay I?? ?>" .hereinafter for the sake of %revity referred to as Othe said 'rustO0 is the
sole and a%solute owner of& and otherwise well and suNciently entitled to and is a%solutely
seiLed and possessed of the property %eing all that piece or parcel of land or ground
together with %uildings and structures thereon known as OBirikun/O& ad#easuring
appro-i#ately "3KI sE, yds, eEuivalent to K4?> sE, #trs, %earing C'S Nos, DD6DD6 to I&
and N, A, Survey No 3I situate at 8alira# Road& Andheri .:est0 in the Registration District
and Su%=District of Fo#%ay City and Su%ur%an& which is #ore particularly descri%ed in the
Schedule hereunder written .hereinafter referred to as Othe said propertyO0J

F, 'he said 'rust %eing desirous of developing the said property& %y an Agree#ent
dated 33
nd
April& 4""& read with the Award dated K
th
July& 44D& given %y Mr, Dakshesh F,
Dhruv& Advocate and Solicitor& granted rights to the Developers herein& to develop the said
property for the consideration and upon the ter#s and conditions therein recorded
.hereinafter collectively referred to as Othe said Agree#entsO0J

C, 'he Developers and the said 'rust have o%tained the sanction to the said Agree#ents
with the said 'rust under Section DK of the Fo#%ay 8u%lic 'rusts Act& 4>?& fro# the Charity
Co##issioner& Maharashtra State& and have also o%tained No +%/ection Certi@cate %earing
No, A6D!? of "!=""6""="4& dated D?,K,4""& fro# the Appropriate Authority under Chapter
QQC of the )nco#e=ta- Act& 4KJ

D, Pnder the said Agree#ents the said 'rust has per#itted the Developers& and the
Developers have agreed and undertaken to develop the said property %y constructing
thereon #ulti=storeyed %uildings consisting only of residential pre#ises6garages& in
accordance with the plans and speci@cations already got approved and sanctioned %y the
Developers fro# the Municipal Corporation of the Breater Fo#%ay .hereinafter referred to as
Othe MCBFO0 and upon the ter#s and conditions speci@ed and stipulated %y all concerned
Bovern#ent6Se#i=Bovern#ent6(ocal Fodies and AuthoritiesJ

C, Pnder the said Agree#ents& the Developers are reEuired to and are responsi%le to
deal with all the tenants as the Developers #ay dee# @tJ

F, Since 5555& the @rst na#ed tenant was #onthly tenant of the residential pre#ises
%eing Flock 55555& ad#easuring appro-i#ately 5555 sE, ft, area& on the 5555 9oor of the
%uilding No, 5555 and the second na#ed tenant was #onthly tenant of the residential
pre#ises %eing Flock 55555& ad#easuring appro-i#ately 5555 sE, ft, area& on the 5555 9oor of
the %uilding No, 5555 %oth situate on the said property& together with
terrace6garden6garage6kholi %ene@t6s& .hereinafter referred to as Othe said old pre#isesO0&
and for which pre#ises the @rst na#ed tenant was paying to the said 'rust a #onthly rent of
Rs,55556= and the second na#ed tenant was paying Rs,55555556= as the #onthly rentJ

)n pursuance of the said Agree#ents the Developers approached the 'enants& and
after negotiations each of the 'enants and the Developers have entered into and e-ecuted
two separate Agree#ents %oth dated 3I
th
Fe%ruary& 44I and two Supple#ental
Agree#ents also dated 3I
th
Fe%ruary& 44I .hereinafter collectively referred to as Othe
'enantSs Agree#entsO0J

ANNX-A
Anne-ed hereto and #arked collectively Anne-ure OAO are copies of the latest rent receipt
dated 5555 issued to the @rst and second tenant herein in respect of the said old pre#isesJ
ration cards& electricity %ills and telephone %illsJ

B, As recorded in the 'enantSs Agree#ents& each of the 'enants herein has prior to the
e-ecution of the 'enantSs Agree#ents& surrendered and relinEuished his6her entire right&
title& %ene@t and interest& in to and upon the said old pre#ises& including the tenancy rights
therein& in favour of the Developers& and have also shifted to the te#porary alternate
acco##odation provided %y the Developers to the 'enantSs on the said property& along with
all the 'enantSs fa#ily #e#%ers& and all their furniture& @-tures& @ttings& articles& eTects and
%elongings& and the Developers agreed to give and provide to the 'enants each of the# free
of all costs& charges and e-penses& in lieu of the said old pre#ises& and on the 'enant having
already surrendered and relinEuished his6her6their rights therein& inter alia the following 2

ANNX-C
.a0 Duly co#pleted residential pre#ises on ownership %asis& as and %y way of
per#anent alternate acco##odation to each of the tenant %eing self contained Flat i,e, to
the @rst na#ed tenant 9at ad#easuring appro-i#ately 5555555555555 sE, ft, %uilt=up area
and to the second na#ed tenant 9at ad#easuring appro-i#ately 55555555 sE, ft, %uilt=up
area .%uilt=up area is herein de@ned as the carpet area& plus the area of the %alcony& plus
the area of walls& all co##on walls to %e taken >?W0 on the 5555 9oor of the proposed new
%uilding No, 5555 .hereinafter referred to as Othe said %uildingO0& to %e constructed %y the
Developers on the said property at their own costs& charges and e-penses together with the
a#enities& @-tures& @ttings& facilities& services and speci@cations& which are #ore particularly
setout and descri%ed in the Anne-ure OCO hereto .hereinafter referred to as Othe said new
pre#isesO or Othe said 9atsO0J and

ANNX-D
.%0 +n ownership %asis 55555 stilt parking space6s& to @rst na#ed tenant and 555 stilt
parking space to the second na#ed tenant %eing parking space6s No, 55555& which is6are to
%e enclosed only if per#itted and sanctioned %y the MCBF& and 5555 open parking space6s&
%eing parking space6s No, 555 which is6are to %e provided with a roof only if per#itted and
sanctioned %y the MCBF& which parking space6s are shown shaded in green colour on the
plan hereto anne-ed and #arked Anne-ure ODO .hereinafter referred to as Othe said parking
space6sO0J and

.c0 'he e-clusive %ene@t of and the right to use& alongwith the other occupants of that
9oor& the servantSs toilet to %e constructed on the 9oor on which the said new pre#ises are
situatedJ and

.d0 'he %ene@t of and the right to use and en/oy all the co##on areas& a#enities&
facilities and services& such as the Clu% house& swi##ing pool& etc, like any other #e#%er of
the co=operative housing society to %e for#ed and registered, 'he percentage of undivided
interest of the 'enant in the co##on areas& a#enities& facilities& services& @-tures and
@ttings& li#ited or otherwise& pertaining to the said new pre#ises& shall %e in proportion to
the %uilt=up area of the whole of the said %uildings,

And which the 'enant have agreed and undertaken to accept su%/ect to the ter#s
and conditions and covenants recorded in the 'enantSs Agree#entsJ

A, 'he Developers have represented to the 'enant that the Developers have on %ehalf
of the said 'rust &su%#itted the necessary plans in respect of the %uildings to %e constructed
on the said property to the Municipal Corporation of Breater Fo#%ay& and o%tained the
sanction of the MCBF to the sa#e& and the Developers shall o%serve and perfor# all the
ter#s& conditions& stipulations and restrictions which have %een laid down and speci@ed %y
the concerned local authority and6or the Bovern#ent while sanctioning the said plans&
during the develop#ent of the said property& and upon the due o%servance and
perfor#ance of which only& the Co#pletion and +ccupation Certi@cate in respect of the said
%uildings shall %e granted %y the concerned local authority6Bovern#entJ

), 'he 8ro#oters have got the plans and speci@cations approved and sanctioned and
o%tained )+D dated 55555555555 %earing No, 5555555555555 and C,C, dated 555555555fro# the
FMC,

J, 'he 8ro#oters are accordingly causing to %e constructed 55 %uildings co#prising of
ground 9oor6stilt and 555 upper 9oorsJ

ANNX-B
M, Su%seEuent to the e-ecution of the 'enantSs Agree#ents and su%seEuent to the
sanction of %uilding plans %y the Municipal Corporation of Breater Fo#%ay& the 'enantsS
reEuested the Developers to provide to the 'enants one single co#posite residential 9at
ad#easuring 55555 sE, ft, in the aggregate in stead and place of two separate 9ats
ad#easuring 55555 sE, ft, to the @rst na#ed 'enant and ad#easuring 55555 sE, ft, to the
second na#ed 'enant and the Developers agreed to such reEuest of the 'enant and it was
agreed %etween the parties hereto that the 'enants shall %e provided on ownership %asis
one single 9at %earing No, 55555 ad#easuring 55555 sE, ft, on the 5555 9oor of %uilding No,
5555 to %e constructed %y the Developers on the said property which are shown shaded in
red colour on the plan hereto anne-ed and #arked Anne-ure OFO .hereinafter referred to as
Othe said new pre#isesO or Othe said 9atO0,

(, 'he Developers have furnished to the 'enants& and the 'enants have e-a#ined the
docu#ents which are reEuired to %e furnished %y the Developers under the provisions of
Rule I of the Maharashtra +wnership Flats .Regulation of the 8ro#otion of Construction&
etc,0 Rules 4KI .hereinafter for the sake of the %revity referred to as Othe said RulesO0 which
the 'enant doth here%y ad#it& acknowledge and con@r#J

ANNX-E
M, 'he title of the said 'rust to %e said property has %een certi@ed as clear and
#arketa%le %y M6s, Desai& Fer/is and Chinoy& Solicitors and Advocates& vide their Certi@cate
of 'itle dated K
th
Septe#%er& 44I& a copy of which is hereto anne-ed and #arked as
Anne-ure OCOJ

ANNX-F
M, A copy of the 8roperty Register Card relating to the said property& indicating the
nature of the title of the said 'rust to the said property& is anne-ed hereto and #arked as
Anne-ure OFOJ

N, Pnder the 'enantSs Agree#ents it was agreed %etween the Developers and the
'enant that a regular Agree#ent as reEuired under section I of the Maharashtra +wnership
Flats .Regulation of the 8ro#otion of Construction& Sale& Manage#ent and 'ransfer0 Act&
4KD .hereinafter for the sake of the %revity referred to as Othe said ActO0& will %e e-ecuted in
respect of the said 9at with the 'enant& containing the ter#s and conditions agreed upon %y
and %etween the#& which will %e duly sta#ped and registered with the concerned Su%=
Registrar of Assurances& %eing in fact these presents& and accordingly& the parties hereto are
desirous of entering into and e-ecuting these presents,

N+: 'A)S ABRCCMCN' :)'NCSSC'A AND )' )S ACRCF7 ABRCCD F7 AND FC':CCN 'AC
8AR')CS ACRC'+ AS F+((+:S 2

, 'he parties hereto agree& record and con@r# that the 'enantSs Agree#ents are valid&
su%sisting& operative and %inding upon the parties,

3, 'he parties hereto agree& record and con@r# that prior to the e-ecution of the
'enantSs Agree#ents& the 'enant has at the reEuest of the Developers& and upon the
Developers agreeing and undertaking to give and provide to the 'enant as per#anent
alternate acco##odation& such new pre#ises descri%ed a%ove surrendered and relinEuished
his6her6their entire right& title& %ene@t and interest in& to and upon the said old pre#ises&
including the tenants rights therein& in favour of the Developers and the Developers have
accepted the surrender and relinEuish#ent thereof& and the 'enants have also shifted to the
te#porary alternative acco##odation provided %y the Developers to the 'enants on the
said property& alongwith all the 'enantSs fa#ily #e#%ers& and all their furniture& @-tures&
@ttings& articles& eTects and the %elongings,

Cach of the tenant herein a%ove have agreed that instead of giving separate 9ats to
each of the# under the said tenantSs agree#ent& the developers will give one single 9at of
the aggregate area of 555 sE, ft, .super %uilt=up area de@ned as a%ove0 which will %e held %y
tenants as co=owners and as tenants in co##on each having eEual one half undivided share
of title and interest therein,

D, Accordingly in pursuance of the said tenants agree#ent and as agreed %etween the
parties hereto and the Developers here%y agree and undertake to give and provide to the
'enants free of all costs& charges and e-penses& in lieu of their respective old pre#ises and
on the 'enants having already surrendered and relinEuished his6her6their rights in their
respective old pre#ises in favour of the Developers& inter alia the following 2

.a0 Duly co#pleted residential pre#ises on ownership %asis as and %y way of
per#anent alternate acco##odation& %eing self contained Flat No, 55 ad#easuring
appro-i#ately 55555 sE, ft, %uilt=up area .%uilt=up area is herein de@ned as the carpet area&
plus the area of the %alcony& plus the area of the walls& all co##on walls to %e taken >?W0&
which is shown shaded in red colour on the plan hereto anne-ed and #arked Anne-ure OFO&
on the 5555 Floor of the proposed new Fuilding No, 55555& .hereinafter referred to as Othe
said %uildingO0 %eing constructed %y the Developers on the said property at their own costs&
charges and e-penses& together with the a#enities& @-tures& @ttings& facilities& services and
speci@cations& which are #ore particularly set out and descri%ed in Anne-ure OCO hereto
.hereinafter referred to as Othe said new pre#isesO or Othe said 9atO0J and

ANNX-B
ANNX-C

ANNX-D
.%0 +n ownership %asis 555 stilt parking space6s& %eing parking space6s No, 555& which
is6are to %e enclosed only if per#itted and sanctioned %y the MCBF& and 555 open parking
space6s& %eing parking space6s No, 555& which is6are to %e provided with the roof only if
per#itted and sanctioned %y the MCBF& which parking space6s are shown shaded in green
colour on the plan hereto anne-ed and #arked Anne-ure ODO .hereinafter referred to as Othe
said parking space6s0J and

.c0 'he e-clusive %ene@t of and the right to use& along with the other occupants of that
9oor& the servantSs toilet to %e constructed on the 9oor on which the said new pre#ises are
situatedJ and

.d0 'he %ene@t of and the right to use and en/oy all the co##on areas& a#enities&
facilities and services& such as the clu% house& swi##ing pool& etc, like any other #e#%er of
the co=operative housing society to %e for#ed and registered, 'he percentage of undivided
interest of the 'enant in the co##on areas& a#enities& facilities& services& @-tures and
@ttings& li#ited or otherwise& pertaining to the said new pre#ises& shall %e in proportion to
the %uilt=up area of the whole of the said %uildings,

And which the 'enant has agreed and undertaken to the accept su%/ect to the ter#s&
conditions and covenants recorded herein and in the 'enantSs Agree#ents,

I, 'he Developers have co##enced construction of the said %uildings consisting of stilt
and seven upper 9oors on the said property in accordance with the plans& designs and
speci@cations sanctioned6approved %y the concerned local authority and which have %een
inspected and approved %y the 'enant& with all such variations& alterations& a#end#ents
and #odi@cations as the Developers #ay consider necessary& or as #ay %e reEuired %y the
concerned local authority6the Bovern#ent to %e #ade in the# or any of the# %ut without in
any way aTecting the a#enities and facilities to %e provided therein and listed as #entioned
hereinao%ve and further provided that the Developers shall not have to o%tain prior consent
in writing of the 'enant and the tenant doth here%y give6grant his6her irrevoca%le consent in
respect of any variations& alterations& a#end#ents or #odi@cations which #ay not
adversely aTect the area of the said 9at of the 'enant,

>, 'he Developers have represented to and infor#ed the 'enant that they are entitled
to construct on the said property %y virtue of the said Agree#ents with the said 'rust& and
that they have %een granted a licence %y the said 'rust to develop6construct on the said
property in accordance with the said plans to %e sanctioned %y the MCBF& and to give&
provide and allot the said new pre#ises to the 'enant as and %y way of per#anent alternate
acco##odation& on what is popularly known as Oownership %asisO,

K, 'he Developers are entitled to and have the right to de#olish the said old
%uildings6structures on the said property& and construct and erect in their place and stead
new %uildings6s structures& if necessary& %y utilising the open spaces ad/oining and
appurtenant to the said old %uilding in which the 'enant was using and occupying the said
old pre#ises, 'he 'enant shall not raise any dispute or o%/ection of any nature whatsoever&
to the Developers constructing the new %uildings on the said property& %efore or after the
de#olition of the said old %uilding as aforesaid,

!, 'he Developers shall 2

.a0 have a society of purchasers of 9ats6pre#ises& alongwith the said tenants& for#ed&
constituted and registered .hereinafter referred to as Othe societyO0J and

.%0 Cause to %e conveyed and6or transferred the said property together with the
%uildings constructed thereon& in favour of such society,

", .a0 'he Developers shall as soon as the said new pre#ises are ready for
occupation& and in any case not later than 555= su%/ect to force #a/eure& and necessary co=
operation %eing e-tended %y the tenant along with other tenants& oTer to the 'enant
inspection of the said pre#ises and the +ccupation Certi@cate in respect thereof, 'enants
shall not have any co#plaint including a%out the construction& work#anship& a#enities&
facilities& speci@cations& etc, since the construction is %eing carried out with the full
knowledge of the tenant6his authorised representative the Developers shall hand over
possession of the said new pre#ises and other ite#s as #entioned in Clause D a%ove to the
'enant& along with the +ccupation Certi@cate to occupy the said new pre#ises, Alongwith
handing over possession of the said new pre#ises& the Developers will hand over the said
parking space6s #entioned in Clause D .%0 a%ove& and give the right to use the servantSs
toilet #entioned in Clause D .c0 a%ove, 'he 'enant will have right to use the facilities
#entioned in Clause D .d0 a%ove as soon as they are ready& if and when constructed,

8rovided however& that if the 'enant shall not have shifted fro# the
te#porary alternative acco##odation to the said new pre#ises within a period of K? .si-ty0
days fro# such oTer& as con@r#ed and recorded in #inutes of /oint #eeting held on
34
th
Nove#%er 44! and D
th
January 44"& or fro# any other e-tended period %y #utual
consent& the Developers #ay apply to the Ar%itrators herein for o%taining suita%le direction
in addition to the right given to the Developers herein and recorded in the #inutes of the
#eeting dated 34
th
Nove#%er 44! and D
th
January 44",

.%0 )f for any reason whatsoever& the Developers are una%le to give possession of the
said new pre#ises to the 'enant within the date speci@ed hereina%ove& or within any further
date or dates agreed to %y and %etween the parties hereto& then in such a case& the 'enant
shall %e entitled to refer the #atter to the Ar%itrators na#ed herein& for o%taining suita%le
directions fro# the# in the #atter,

.c0 Since the Developers have carried6agreed to carry out and co#plete the
constructions of the %uildings6s as per the suggestions #ade and to the knowledge of the
tenants and since the tenant with the other tenants are per#itted to carry out
alterations6changes .not of structural additional6alterations0& the Developers shall not %e
lia%le or responsi%le to re#ove defects if any found or noticed in the said pre#ises and it
shall %e the sole o%ligations of the tenant to rectify defects if any& found in the said
pre#ises,

.d0 'he 'enant shall handover the Euiet& vacant and peaceful possession of the
aforesaid te#porary alternative acco##odation& against the Developers handing over the
Euiet& vacant and peaceful possession of the said new pre#ises,

4, .a0 Su%/ect to the 'enant co#plying with the provisions of the Clause ".a0 herein&
the Developers shall not part with the possession of & or give any licence to enter& to any
person& in any pre#ises& in the said %uilding in which the said new pre#ises of the 'enant
are situate& unless the 'enant herein has duly shifted to the said pre#ises as reEuired of
hi#6her6the# herein,

ANNX-G
ANNX-G
.%0 Notwithstanding anything to the contrary contained herein& it is e-pressly
agreed that even after the tenant herein has6have shifted to the said new pre#ises& until
such ti#e as all other persons #entioned in Anne-ure OBO hereto have %een put in
possession of their respective new pre#ises& the tenant herein shall %e dee#ed to have a
#ere licence of the said new pre#ises, Aowever& upon all such persons #entioned in
Anne-ure OBO shifting to their respective new pre#ises& the tenant herein shall %e regarded
as having acEuired the said new pre#ises on ownership %asis& as set out herein,

'he tenant further undertakes that once he6he has shifted to the said
pre#ises& he6she shall not directly or indirectly do any act or o#ission which #ay in any
#anner o%struct the further develop#ent work %eing carried out on the said property,

?, 'he 'enant shall fully co=operate with and assist the Developers in facilitating the
develop#ent of the said property& including %y handing over the possession of the aforesaid
te#porary alternate acco##odation as #entioned herein& and %y signing& e-ecuting and
ad#itting e-ecution of all necessary deeds& docu#ents and writings,

Ppon the Developers handing over the possession of the said Flat in accordance with the
provisions of this Agree#ent& the 'enant shall 2=

.a0 Fe entitled to use and occupy the said new pre#ises only for residential purpose&
555J

.%0 Not use the said new pre#ises for any purpose other than the aforesaid purpose for
which it is allotted nor shall he6she6they use the said new pre#ises for any purpose which
#ay, or is likely to cause nuisance or annoyance to the occupiers of the neigh%ouring
9ats6property& or for any illegal or i##oral purposeJ

.c0 Not do or suTer to %e done anything in or to the said new pre#ises& or to the
co##on areas& a#enities& facilities and services which #ay %e against the rules& regulations
and %ye=laws of the MCBF or any other authority& or of such SocietyJ

.d0 Not change& alter& #odify or #ake any addition to the said new pre#ises or any part
thereofJ

.e0 Not decorate the e-terior of the said new pre#isesJ

.f0 Not directly or indirectly& or in any #anner whatsoever& do& or co##it& or o#it to do
any act& deed& #atter or thing where%y& or %y reason whereof the develop#ent work %eing
carried out on the said property %y the Developers is o%structed& pre/udiced or adversely
aTectedJ and

.g0 At his6her6their own cost and e-penses& #aintain and keep the said new pre#ises&
walls& partition walls& sewers& drains& pipes and all appurtenances thereto& in good and
tenanta%le repair and condition& and in particular& so as to support& safeguard& preserve&
shelter and protect the parts of the said %uilding other than his6her6their said new pre#ises,
'he 'enant further covenants& not to chisel or in any #anner da#age the colu#ns& %ea#s&
sla%s& R,C,C, structures or other structural #e#%ers without the prior written per#ission of
the Developers and their Architects, Any dispute or diTerence %etween the parties hereto in
this regard shall %e forthwith referred to the Ar%itrators na#ed herein,

3, 'he 'enant agrees& undertakes and %inds hi#self6herself to pay to the Developers
regularly every #onth& %y the >
th
day of each Cnglish calender #onth& until the said property
is conveyed in favour of the said society as aforesaid& the proportionate share that #ay %e
#utually decided %y the parties hereto towards .a0 insurance pre#iu#& .%0 all Municipal and
other rates& cesses& assess#ents& ta-es and outgoings that #ay fro# ti#e to ti#e %e levied
against the said property and the %uildings constructed thereon& and .c0 all outgoings
whatsoever& including for a sinking fund or for the #aintenance and #anage#ent of such
society, After the said property is conveyed in favour of such a#ounts directly to such
society& as #ay %e deter#ined and directed %y such society& towards such outgoings, )n
order that the 9at holder does not co##it default and other 9at purchaser do not suTer the
actual and other 9at purchaser shall take possession of the said new pre#ises& the 'enant
shall deposit and keep deposited with su# calculated at the rate of Rs, >?6= per sE, ft, and
the %uilder will deposit the said a#ount in a separate %ank account to %e opened in the
na#e of the society if the sa#e in registered %y that ti#e otherwise in the na#es of the
persons acting as the pro#oters of the said society and the sa#e will %e kept in a @-ed
deposit as the society or pro#oters as the case #ay %e decided fro# ti#e to ti#e and
interest so received will %e utilised for #eeting the aforesaid and other outgoings and in the
event there is any shortfall the 9at holder will give his contri%ution, 'he developers agree to
incorporate si#ilar clause in the Agree#ent with each 9at holder including the purchaser
and the tenant who will give per#anent alternate acco##odation in the event %ank account
is opened in the na#e of the pro#oters such %ank account and a#ount lying therein shall
%e transferred in the na#e if the society on incorporation thereof,

D, 'he 'enant shall %e entitled to sell and 6 or transfer his6her6their rights and %ene@ts
with regard to the said new pre#ises to any person6s and the Developers shall in such an
event recognise such purchaser as the 8urchaser of the said new pre#ises on the sa#e
ter#s and conditions on which the 'enant will %e holding the sa#e& without reEuiring the
'enant to pay any transfer or other charges 6 fees in that %ehalf, 8rovided however& that if
the 'enant desires to sell and6or transfer his6her6their rights and %ene@ts in respect of the
said new pre#ises to any person6s %efore he6she has hi#self6herself shifted to the said new
pre#ises& he6she shall %e entitled to do so only with the prior written approval and
per#ission of the Developers6authorised representatives,

'he 'enant here%y agrees and undertakes to duly co#ply with and o%serve the provisions of
clause 3 herein& when e-ercising his6her6their rights under this clause,

I, Su%/ect to the provisions of the said Agree#ents with the said 'rust& if any
portions6part of the said property is acEuired or noti@ed to %e acEuired %y the Bovern#ent&
or any other pu%lic %ody or Authority& the Developers shall till the entire develop#ent of the
said property is co#pleted& and such Society is for#ed and registered& %e entitled to receive
all the %ene@ts in respect thereof and6or the co#pensatory F,S,), and all other %ene@ts
which #ay %e granted6 per#itted in lieu thereof, 'he Developers shall entitled to use any
additional F,S,) and6or ',D,R, that #ay %e granted6per#itted %y the Bovern#ent or any other
local %ody or authority for construction on the said property or any other outside property,
'he 'enant shall not %e entitled to raise any dispute or o%/ection to the sa#e& or clai# any
co#pensation or da#ages on account of the sa#e& on any ground whatsoever,

)t is agreed and understood %y and %etween the parties hereto that if the per#itted 9oor
space inde- or density thought availa%le %ut not sanctioned at the ti#e such society is
for#ed and registered& and at the ti#e the said property is transferred6conveyed& the
Developers will have the sole and a%solute right and shall %e entitled to put additional
construction& and6or consu#e such %alance and6or availa%le F,S,), of the said property %y
eTecting further construction on the said property even after the registration of such society
and the transfer6conveyance of the said property provided however that such FS) does not
e-ceed the FS) agreed to %e per#itted to %e developed to the developers %y the 'rust,

>, 'he 'enant here%y agrees and undertakes that in the event of any a#ount %eing
paya%le %y way of any security deposit for the purpose of giving water and electricity
connections& the 'enant shall pay the sa#e in proportion to the area of the said new
pre#ises,

K .a0 'he Developers as pro#oters of such society shall take all necessary steps
and proceedings for the for#ation and registration of such society, 'he 'enant agrees and
undertakes to %eco#e a #e#%er of such society %y su%scri%ing to the reEuisite nu#%er of
shares thereof and %y doing and perfor#ing all other necessary acts& deeds& #atters and
things in this regard,

.%0 'he 'enant shall on de#and %eing #ade %y the Developers for the sa#e& or %efore
taking possession of the said new pre#ises& pay to the Developers& a su# of Rs,3>?6= and a
su# of Rs,?6= towards the share #oney and entrance fee respectively of such society and
the deposits if any& paya%le to such society,
.c0 'he 'enant here%y agrees and undertakes to co#ply with& o%serve and perfor# all
the rules& regulations and %ye=law of such society& and to regularly pay all his6her6their
contri%utions that #ay %e charged %y such society,

!, 'he Solicitors and Advocates of the Developers shall prepare the Conveyance and all
other deeds& docu#ents and writings to %e e-ecuted in pursuance of these presents& as also
the Rules& Regulations and Fye=law in connection with such Society and the sa#e shall %e
@nalised in consultation with and upon o%taining the approval to the sa#e of the 'enantGs
Solicitors and Advocates,

", All notices to %e served %y either party hereto& to the other as conte#plated %y this
Agree#ent& shall %e dee#ed to have %een fully served only if sent to other %y Registered
8ost A,D, or any other #ethod of recorded delivery& at the following addresses 2

.a0 M6s, Ac#e Cngineering Corporation
Ac#e Bhar&
Mhandu%hai Desai Road&
Vile 8arle .:est0&
Mu#%ai I?? ?>K,

.%0 'he 'enant
Birkuni 8alira# Road&
Andheri .:est0&
Mu#%ai I?? ?>",

4, 'he 'enant shall not do& or co##it& or o#it to do or cause to %e done any act& deed&
#atter or thing which shall or #ay render void or viola%le any insurance of the said property
together with the construction thereon& or cause any increased pre#iu# to %e paya%le in
respect thereof,

3?, 'he entire co#ple- to %e constructed %y the Developers on the said property shall
%e na#ed ;AMSAA7=B)R)MPNJ<& and the na#e of such society to %e for#ed and registered as
aforesaid shall %e ;8A()RAM C+=+8CRA')VC A+PS)NB S+C)C'7 ()M)'CD< and the said na#es
shall not at any ti#e %e altered6changed .without the prior written per#ission fro# the
Developers and the said 'rust0,

3, Pnder the said Agree#ents with the said 'rust& the Developers are reEuired to
sell6transfer6allot the 9ats6pre#ises in the new %uildings6structures to %e constructed %y
the# on the said property& to vegetarians only, 'he 'enant here%y declares& represents and
con@r#s that he6she is a vegetarian and further that he6she shall at all ti#es hereafter duly
o%serve and co#ply with the aforesaid ter# and condition including at all ti#e of
settling6transferring the said 9at under the provisions of clause D hereina%ove,

33, 'he parties hereto are aware that presently there is te#ple on the said property,
Pnder the said Agree#ents& the Developers are reEuired to ensure that such society in
whose favour the said property is to %e conveyed& grants a lease in perpetuity in favour of
the said 'rust of the said 'e#ple area& at a no#inal annual rent of Rs,6= .if de#anded0,

'he 'enant here%y grants his6her6their irrevoca%le and unconditional consent and
per#ission to the sa#e& and shall not raise any o%/ection or dispute with regard to the sa#e

3D, 'his Agree#ent shall always %e su%/ect to the provisions contained in the
Maharashtra +wnership Flats Acts& 4KD and the Maharashtra +wnership Flats Rules& 4KI
and any other provisions of law applica%le thereto,

3I, 'he sta#p duty and registration charges on this Agree#ent and any other docu#ent
in pursuance of this Agree#ent or other to %e e-ecuted %y the 'enant& shall %e %orne and
paid %y the Developers& and the 'enant shall not %e lia%le or responsi%le for the sa#e,

3>, For the purposes of calculating the sta#p duty paya%le on this transaction according
to the Developers the valuation of the sa#e will %e at 3 .one hundred and twelve0 ti#es
the #onthly rent last paid %y the 'enant for the said old pre#ises i,e, Rs,5556= plus cost of
construction 1 Rs,>>??6= per sE, #trs, which works out to Rs,555555556= aggregating to
Rs,55555556= as stated hereina%lve and conseEuently the valuation shall %e Rs,5556= and
sta#p duty is Rs,5555556= is %eing paid accordingly,

3K, )n the event of any dispute or diTerence arising %etween the parties hereto
concerning their respective rights& duties& o%ligation& lia%ilities or responsi%ilities as recorded
herein& and6or with regard to the eTect& interpretation& #eaning or construction of any of the
ter#s and conditions contained herein& and6or in respect of any act& deed& #atter or thing
#ade& done or perfor#ed& or to %e #ade& done or perfor#ed in pursuance hereto& and6or in
respect of any other #atter or thing whatsoever concerning this Agree#ent& %ut not herein
e-pressly provided for& the sa#e shall %e forthwith referred to the /oint ar%itration of Mr,
Mantilal Pnderkat Solicitor and Advocate and Mr, Fer/is M, Desai& Solicitor and Advocate&
appointed %y the 'enant and the Developers respectively who shall have su##ary powers,
'he said ar%itration shall %e su%/ect to the provisions of the Ar%itration and Conciliation Act&
44K or any statutory #odi@cation or re=enact#ent thereof for the ti#e %eing in force, 'he
Ar%itrator shall have all the powers including the power to give interi# Awards and to
dispose oT the ar%itration in a su##ary #anner, 'he Ar%itrators shall have the right& and
shall %e entitled to the their personal knowledge of this transaction, 'he Award of the
Ar%itrators shall %e conclusive& @nal and %inding upon the parties to the ar%itration, 'he
Ar%itrators shall %e entitled to take the assistance of any Chartered Accountant& Counsel&
technical e-pert& or any other professional6person& to ena%le the# to dispose oT the said
ar%itration, Such ar%itration shall %e held and conducted only in Mu#%ai and not elsewhere,
All costs& charges and e-penses whatsoever of such ar%itration shall initially %e %orne and
paid %y the parties to such ar%itration eEually& and thereafter the sa#e shall %e %orne and
paid as #ay %e deter#ined and directed %y the Ar%itrators,

hands the day and year @rst hereina%ove written,

:=< 9=<DAC< 7!D#< B<$<BB<D :D

A(( 'AA' piece or parcel of land or ground together with the %uildings and structures
thereon known as OBirikun/O& ad#easuring appro-i#ately "3KI sE, yds, eEuivalent to K4?>
sE, #trs,& %earing C'S No, DD& DD6 to I and N, A, Survey No, 3I& situate& lying and
%eing at 8alira# Road& Andheri .:est0& in the Registration District and Su%=District of
Fo#%ay City and Su%ur%an& and %ounded as follows that is to say 2

+n or towards the North 2 %y the 8alira# Road6Ca#a RoadJ

+n or towards the South 2 %y property %earing C'S No, DI and D>J

+n or towards the Cast 2 %y the 8assage or RoadJ and

+n or towards the :est 2 %y the property %earing C'S No, 3!&
3!3& 3!D and 3!I,

S)BNCD AND DC()VCRCD %y and on 0
%ehalf of the withinna#ed DCVC(+8CRS 0
M6S, ACMC CNB)NCCR)NB C+R8+RA')+N 0
%y its duly authorised partners 0
55555555555555555555555555555555555 0
55555555555555555555555555555555555 0

withinna#ed 'CNAN' 0
55555555555555555555555555555555555 0
55555555555555555555555555555555555 0

'A)S D<<D D$ :B709$ %oth of Mu#%ai )ndian
)nha%itants residing at Roo# No, I and >& Chawl No,3& Fhattwadi& Ja#%li Bali& Forivli .:est0
Mu#%ai I?? ?43& hereinafter collectively referred to as 6t+e Dutgoing :enants8 .which
e-pression shall unless repugnant to the conte-t or contrary to the #eaning thereof& %e
dee#ed to #ean and include their respective heirs& e-ecutors and ad#inistrators0 of the
First 8art AND FC':CCN 415 ;B91 A9=7 9AB<9==70DB7 !=7::> 425 ;B91 ;I:7
;7=<9==70DB7 !=7:: and 435 ;I9=BIC7C J=A0E7BC7C DP7& all of Mu#%ai& )ndian
)nha%itants& the only present 'rustees of MRS, ()(AVA') (AQM)DAS FAM)(7 'RPS' constituted
%y late Mrs, (ilavati (a-#idas Fhatt under her (ast :ill and 'esta#ent dated >
th
June& 4!I&
having their address at Fhattwadi& Ja#%li Balli& Forivali .:est0& Mu#%ai I?? ?43& hereinafter
collectively called 6t+e :rustees8 .which e-pression shall unless it %e repugnant to the
conte-t or #eaning thereof #ean and include the 'rustees for the ti#e %eing of the said
Settle#ent& the survivor of the# and all persons clai#ing %y under or through the#0 of the
Second 8art AND ;J91 $DB:A0< D09:BA:ID0 a partnership @r# having its principal
place of %usiness at Narayan Mansion& KK=A& Dr, A#%edkar Road& Dadar .Cast0& Mu#%ai I??
?I& hereinafter referred to as 6t+e Incoming :enant8 .which e-pression shall unless it %e
repugnant to the conte-t or #eaning thereof& %e dee#ed to #ean and include the partners
or partner constituting the said @r# and the partners fro# ti#e to ti#e and survivor or
survivors of the# and heirs& e-ecutors& ad#inistrators and assigns of the last surviving
partner 0 of the 'hird 8art 2

G = < B < 7 9 H

A, 'he 'rustees are the only present 'rustees of Mrs, (ilavati (a-#idas Fa#ily 'rust&
constituted under a Settle#ent #ade %y Mrs, (ilavati (a-#idas Fhatt under her (ast :ill
and 'esta#ent dated >
th
June 4!I& and are seiLed and possessed of or otherwise well and
suNciently entitled to all that piece or parcel of land situate at Ja#%li Balli& Forivali .:est0&
Mu#%ai=I?? ?43 .which property is #ore particularly descri%ed in
the $IB9: 9=<DAC< hereunder written and is shown %ounded red on the plan thereof
anne-ed hereto and #arked 700<@AB< 6I8& and is hereinafter %rie9y referred to as Othe
said propertyO0J

F, 'he +utgoing 'enant has represented to the )nco#ing 'enant as under2

.i0 +ne Mr, Ratansi Vel/i 8atel was the original #onthly tenant .hereinafter referred to as
;t+e Driginal :enant<0 in respect of Roo# Nos,I and > ad#easuring >34 sE, ft, .appro-,0
.carpet area0 in the aggregate on the 5555 9oor of Chawl No, 3 standing on the said
property and #ore particularly descri%ed in the Second Schedule hereunder written
.hereinafter referred to as Othe tenanted pre#isesO0 and paying #onthly rent of Rs, 555556=
.Rupees 55555555555only0J

.ii0 During the lifeti#e of the +riginal 'enant& the +utgoing 'enants herein %eing the
fa#ily #e#%ers of the +riginal 'enant were residing with the +riginal 'enant and looking
after hi# and #anaging his aTairsJ

.iii0 'he +riginal 'enant died 555555 on or a%out 4K", A copy of the Death Certi@cate of
the +riginal 'enant is anne-ed hereto and #arked as Anne-ure ;))<J

.iv0 Aence& the +utgoing 'enants herein has %een in lawful& continuous and
uninterrupted use and occupation and possession of the tenanted pre#ises since last I
years,

Copies of the rent receipt& ration card and telephone %ill of the +utgoing 'enants are
anne-ed hereto and #arked as 7nnexures 6III8> 6I#8 and 6#8 respectively,

C, 'he +utgoing 'enants have %een regularly& till the date of these presents& paying to
the 'rustees and the 'rustees have %een regularly collecting fro# the +utgoing 'enants the
full #onthly rent fro# #onth to #onth in respect of the tenanted pre#ises, Aowever till date
the rent Receipts continue to stand in the na#e of the +riginal 'enantJ

D, Fy a duly registered Develop#ent Agree#ent dated 555555555555 the 'rustees with
the consent and con@r#ation of the %ene@ciaries have granted& entrusted and conferred in
favour of )nco#ing 'enant the right to re=develop the said property %y de#olishing the
e-isting structures and constructing new %uildings at the site thereof in accordance with
plans and speci@cations as #ay %e approved %y Municipal Corporation of the Breater
Mu#%ai at or for consideration and on the ter#s and conditions therein recordedJ

C, 'he 'rustees have authorised the )nco#ing 'enant to negotiate settle#ent with all
the tenants in the said property& at the costs and e-penses of the )nco#ing 'enant& on such
ter#s and conditions as the )nco#ing 'enant #ay dee# @t

F, 'he +utgoing 'enants have with the consent6per#ission of the 'rustees as is attested
to %y the 'rustees /oining in as parties to this Agree#ent .the +wners of the said property0
agreed to assign and transfer their tenancy6occupancy rights in respect of the tenanted
pre#ises including the %ene@t accruing to the# as tenants of 'rustee under the said
Develop#ent Agree#ent and6or any other writing in favour of )nco#ing 'enant for the
consideration and on the ter#s and conditions hereinafter appearing,,

0DG :=I9 I0D<0:AB< GI:0<99 70D I: I9 =<B<!F 7EB<<D !F 70D !<:G<<0 :=<
/7B:I<9 =<B<:D 79 A0D<B H

, )n consideration of a su# of Rs, 555555555556= .Rupees 555555
555555555555555555555555555555 only0 paid %y the )nco#ing 'enant to the +utgoing 'enants on
the e-ecution of these presents .receipt whereof the +utgoing 'enants do and each of the#
doth here%y ad#it and acknowledge and of and fro# the sa#e and every part thereof
forever acEuit& release and discharge the )nco#ing 'enant fro# the pay#ent of the sa#e0
and in further consideration of the rent here%y reserved and the covenants and the
conditions contained hereinafter and on the part of the )nco#ing 'enant to %e o%served and
perfor#ed& the +utgoing 'enants do and each of the# doth here%y assign and transfer and
the 'rustees do and each of the# doth here%y con@r# unto the )nco#ing 'enant free fro#
all encu#%rances and clai#s the tenancy rights& possession and all their right& title and
interest in& to& over or upon Roo# No, I and > ad#easuring >34 sE, ft, .appro-,0 .carpet
area0 in the aggregate on the 5555555 9oor of the Chawl No, 3 situate on the said property
and #ore particularly descri%ed in the Schedule hereunder written .hereinafter referred to as
;the tenanted pre#ises<0 including all the right& title& %ene@t accruing to the +utgoing
'enants under the said Develop#ent Agree#ent or any other writing e-ecuted in respect of
the said property '+ AAVC AND '+ A+(D the tenanted pre#ises unto the )nco#ing 'enant
as a tenant of the 'rustees fro# #onth to #onth co##encing fro# the date of e-ecution of
these presents yielding and paying therefore a #onthly rent of Rs,555555555556= .Rupees
55555555555555555555555 only0 paya%le to the 'rustees on or %efore the >
th
day of each Cnglish
calendar #onth in advance in the #anner stated hereafter, 'he )nco#ing 'enant has& on the
e-ecution of these presents& paid to the 'rustees a su# of Rs,5555555555556= .Rupees
55555555555555555555555555 only0 %eing rent for the period co##encing fro# 55555555555 till
5555555555555555 .receipt whereof the 'rustees do and each of the# doth here%y ad#it and
acknowledge0,

3, Further& in consideration of the 'rustees granting their consent to the transfer of
tenancy of the tenanted pre#ises %y the +utgoing 'enants to the )nco#ing 'enant& the
)nco#ing 'enant has on the e-ecution of these presents deposited with the 'rustees& a su#
of Rs,55555556= .Rupees 555555555555555555555555555555555555 only0 %eing eEuivalent to si-
#onthGs rent as security deposit and paid to the 'rustees a su# of Rs,5555555555556= .Rupees
5555555555555555555555555555555 only0 %y way of transfer charges .receipts whereof the
'rustees do and each of the# doth here%y ad#it and acknowledge and of and fro# the
sa#e and every part thereof forever acEuit& release and discharge the )nco#ing 'enant fro#
the pay#ents of the sa#e0,

D, Si#ultaneously herewith& the +utgoing 'enants have handed over the Euiet vacant
and peaceful possession of the said tenanted pre#ises to the )nco#ing 'enant after
re#oving the#selves& their fa#ily #e#%ers& furniture& articles& personal %elongings and
other paraphernalia therefro#,

I, 'he 'rustees do and each of the# doth here%y covenant with the )nco#ing 'enant
that henceforth the )nco#ing 'enant shall and will %e entitled to peacea%ly and Euietly enter
upon and have free& easy and uno%structed access to the tenanted pre#ises and shall %e
entitled to %e and continue to re#ain in possession of the tenanted pre#ises,

>, 'he )nco#ing 'enant here%y covenants with the 'rustees as follows2

.a0 to pay without any deduction to the 8arty of the Second 8art the said #onthly rent of
Rs, 55555555556= .Rupees 5555555 5555555555555555555555555 only0 for the use occupation and
possession of the tenanted pre#ises fro# #onth to #onth in the #anner hereinafter
containedJ

.%0 to pay the water and electricity charges in respect of the tenanted pre#ises with
eTect fro# the date of these presentsJ

.c0 to pay the proportionate #unicipal ta-es in respect of the said property with eTect
fro# the date of these presentsJ

.d0 to use the said tenanted pre#ises for residential purposes only and not to use the
tenanted pre#ises for any other purposes until the develop#ent of the said property is
co##enced %y the )nco#ing 'enant in ter#s of the said Develop#ent Agree#ent,

K, 8rovided always and it here%y agreed and declared as follows 2

.a0 Ppon the )nco#ing 'enant punctually paying the rent and o%serving and perfor#ing
the covenants and conditions on the part of the )nco#ing 'enant to %e o%served and
perfor#ed and or otherwise applica%le at law& the )nco#ing 'enant shall always %e entitled
to Euiet and peaceful use& occupation& possession and en/oy#ent of the tenanted pre#ises
without any interruption or distur%ance %y the 'rustees or any person or persons rightfully or
otherwise clai#ing fro# under or in trust fro# the 8arty of the Second 8artJ

.%0 'he tenancy of the )nco#ing 'enant shall not %e ter#inated %y the 'rustees e-cept
for non=pay#ent of rent for a period of 4? days after it %eco#ing due or if there shall %e a
#aterial %reach or non o%servance or non perfor#ance of any of the covenants and or
conditions herein contained on the part of the )nco#ing 'enant to %e o%served and
perfor#ed& and in any such event& it shall %e lawful for the 'rustees at any ti#e thereafter to
re=enter upon the tenanted pre#ises or any part thereof in the na#e of the whole
whereupon the period here%y reserved shall a%solutely cease and deter#ine, 8R+V)DCD
A(:A7S that the power of re=entry herein%efore contained shall not %e e-ercised until the
'rustees shall have given to the )nco#ing 'enant one #onth prior notice in writing of their
intention to do so specifying the #aterial %reach of the condition or covenant in respect of
which re=entry is intended to %e #ade and only if the )nco#ing 'enant shall thereafter have
failed or neglected to re#edy such %reach within a period of one #onth fro# the date of
receipt of such notice %y it fro# the 'rustees, 'he 'rustees shall not ter#inate the tenancy
of the )nco#ing 'enant on any other ground including that of personal and %ona@de
reEuire#ent of the 'rustees or non=user or as reason that the )nco#ing 'enant has acEuired
other pre#ises elsewhere or otherwiseJ and

.c0 'he )nco#ing 'enant shall not #ake any per#anent structural changes in the
tenanted pre#ises without prior consent of the 'rustees,

!, 'he +utgoing 'enants do and each of the# doth here%y covenants with the )nco#ing
'enant that 2

.a0 'he tenancy in respect of the tenanted pre#ises is standing in the na#e of the
+utgoing 'enants and no other person has any clai#& share& right& title or interest in& to& over
or upon the tenanted pre#ises or any part thereof and they are a%solutely and e-clusively
entitled to and co#petent to and authorised to transfer and or deal with the said tenanted
pre#isesJ

.%0 'he +utgoing 'enants have %een in continuous and uninterrupted use possession and
occupation of the tenanted pre#ises since last I yearsJ

.c0 'he +utgoing 'enants have not %een prohi%ited fro# dealing with& disposing of or
transferring their tenancy right in respect of the tenanted pre#ises or any part thereof %y
)nco#e 'a- or any other authorityJ

.d0 'he +utgoing 'enants have not created any encu#%rance& #ortgage& lien& ease#ent
or right in& to& over or upon the tenanted pre#ises or any part thereof nor is the tenanted
pre#ises or any part thereof the su%/ect #atter of any dispute& suit or proceeding or
attach#ent %efore or after /udge#ent and the tenanted pre#ises is not su%/ect to any lis
pendenseJ

.e0 'he tenancy of the +utgoing 'enants in respect of the tenanted pre#ises is valid and
su%sisting and have not %een deter#ined or ter#inated and the +utgoing 'enants have paid
the #onthly rent to the 'rustees upto the date hereofJ

.f0 No suit for eviction or e/ect#ent or otherwise have %een @led %y the 'rustees
against the +utgoing 'enants in respect of the tenanted pre#isesJ

.g0 'he +utgoing 'enants have not done or o#itted to do any act deed #atter or thing
where%y they have %een precluded fro# e-ecuting this Deed in respect of the tenanted
pre#ises and6or fro# transferring the tenancy in respect of the tenanted pre#ises in favour
of the )nco#ing 'enantJ

.h0 'he +utgoing 'enants do and each of the# doth here%y declare and con@r# that
upon transferring their tenancy rights in the tenanted pre#ises& they shall not have any
right& title and interest or clai# whatsoever into6upon the tenanted pre#ises or any part
thereof as a tenant or otherwise in any #anner whatsoeverJ

.l0 As and when reEuired the +utgoing 'enant as well as all persons clai#ing under or
through hi# shall e-ecute all docu#ents as #ay %e reEuired or as #ay %e found necessary
to %e e-ecuted at any ti#e hereafter for properly and eTectively carrying out ter#s and
conditions of this Deed and for having the )nco#ing 'enant recognised as the tenant and the
acEuirer of the tenanted pre#ises on tenancyJ and

./0 'he +utgoing 'enants do and each of the# doth here%y agrees to inde#nify and
keep inde#ni@ed the 'rustees& their successors and assigns and the )nco#ing 'enant
against any clai#& de#ands& notices& proceedings& suits& actions of whatsoever nature that
#ay %e #ade %y any person or persons clai#ing %y& through and under the# or otherwise
for any tenancy& su%=tenancy or other rights& of any nature whatsoever in respect of the
said tenanted pre#ises or any part thereof and for all costs& charges& e-penses& losses and
da#ages that #ay %e incurred and6or suTered %y the a%ove persons,

", 'he +utgoing 'enants and the 'rustees are aware that the )nco#ing 'enant has
agreed to pay the aforesaid consideration of Rs,55555555556= .Rupees
555555555555555555555555555 555555555555555555555555 only0 and enter into this Deed on the
faith and strength of the declarations and warranties stated hereina%ove& which the 'rustees
and the +utgoing 'enants con@r# as %eing true and correct,

4, 'he +utgoing 'enants do and each of the# doth here%y further declare and con@r#
that the aforesaid total consideration is all inclusive consideration for transfer and6or
assign#ent of their tenancy rights in respect of the tenanted pre#ises including for transfer
and assign#ent of all the %ene@ts of the +utgoing 'enants& as tenants of 'rustees and6or
otherwise howsoever under the said Develop#ent Agree#ent dated 5555555555555555
entered into %y the 'rustees in favour of the )nco#ing 'enant and the +utgoing 'enants do
and each of the# do here%y undertakes that they shall not clai# any interest& clai#& right&
privilege or de#and in the consideration and6or the right to %e allotted per#anent alternate
acco##odation in the proposed new %uilding under the said Develop#ent Agree#ent
and6or into6upon the said tenanted pre#ises or any part thereof howsoever and shall not
raise6create any o%stacle6i#pedi#ent6litigation of any nature whatsoever,

?, )t is here%y agreed %y and %etween the parties hereto that the +utgoing 'enants
shall %e responsi%le and lia%le for all disputes6clai#s if any received %y the 'rustees and6or
)nco#ing 'enant, )n respect of the tenanted pre#ises including for clai#ing any share in the
consideration fro# any of the relatives of the +utgoing 'enants and6or any other persons
clai#ing %y fro# through under of in trust for the +utgoing 'enants and the +utgoing
'enants here %y agrees and inde#nify and keep inde#ni@ed the 'rustees and the )nco#ing
'enant in respect of such clai#s,

, +n and fro# the date of e-ecution of these presents& the )nco#ing 'enant as a
tenant of the 'rustees shall %e lia%le to regularly pay the said su# of Rs,55555555556= .Rupees
555555555555555555555555555555555only0 per #onth %eing the a#ount of rent to the 'rustees
for the use and occupation of the tenanted pre#ises, 'he 'rustees shall issue appropriate
rent receipt for the sa#e in the na#e of the )nco#ing 'enant, )t is agreed that apart fro#
the aforesaid su# of Rs,555555555556= .Rupees 55555555555555555 only0 all per#itted increases
shall %e recovera%le %y the 'rustees fro# the )nco#ing 'enant in future,

3, +n e-ecution of these presents the +utgoing 'enants and the 'rustees have handed
over to the )nco#ing 'enant all the original docu#ents in respect of the tenanted pre#ises
including %ut not li#ited to the latest rent receipt issued %y the 'rustees in favour of the
+utgoing 'enants and all other papers& instru#ents and writings relating to the tenanted
pre#ises which were in possession& custody and control of the +utgoing 'enants and6or
'rustees& and the )nco#ing 'enant here%y acknowledges receipt of the sa#e,

D, 'he sta#p duty and6or registration charges shall %e %orne and paid %y the )nco#ing
'enant alone,

I, 'his Deed of 'ransfer of 'enancy shall always %e su%/ect to the provisions of the
Maharashtra Rent Control Act& 444 and the rules #ade thereunder,

>, 'he Courts in Mu#%ai shall have e-clusive /urisdiction,

respective hands and seals the day and year hereina%ove written,

:=< $IB9: 9=<DAC< 7!D#< B<$<BB<D :D
%// 0.%0 piece or parcel of land ad#easuring D&4"?,4? sE,#trs, or therea%outs for#ing
part of ',8, Sche#e No,)))& Forivli %earing C'S No,?I A& Final 8lot No,!>& of Village Forivli&
and %ounded as follows& viL,

+n or towards the North 2 %y Ja#%li Balli&
+n or towards the South 2 %y Final 8lot No,!D&
+n or towards the Cast 2 %y Final 8lot No,!I& and
+n or towards the :est 2 %y Final 8lot No,"3
in the Registration Su%=District of Forivli& District Mu#%ai Su%ur%an,

:=< 9<D0D 9=<DAC< 7!D#< B<$<BB<D :D
(description of the tenanted premises)

Roo# No, I and > ad#easuring >34 sE, ft, .appro-,0 .carpet area0 in the aggregate on the
555555 9oor of the Chawl No,3 standing on the said property known as Fhatt :adi situate
at ',8, Sche#e No,)))& Forivli %earing C'S No,?I A& Final 8lot No,!>& of Village Forivli in the
Registration Su%=District of Forivli& District Mu#%ai Su%ur%an,

withinna#ed +utgoing 'enants 0
415 ;B1 9AB<0DB7 B1 97#7C7 0
425 ;B91 AB;IC7!<0 91 97#7C7 0

S)BNCD and DC()VCRCD 0
%y the withinna#ed 'rustees 0
%eing the present 'rustees of 0
;B91 CIC7G7:I C7@;ID79 $7;ICF :BA9: 0
415 ;B91 A9=7 9AB<9==70DB7 !=7:: 0
425 ;B91 ;I:7 ;7=<9==70DB7 !=7:: 0
435 ;I9=BIC7C J=A0E7BC7C DP7 0
in the presence ofU,, 0

withinna#ed )nco#ing 'enant 0
;J91 $DB:A0< D09:BA:ID0 0
through the hands of its duly authoriLed partner0
Mr, 5555555555555555555555 0
RCCC)VCD the day and the year @rst 0
Aereina%ove written fro# the a%ovena#ed 0
)nco#ing 'enant the su# of Rs,55555556= 0
.Rupees 555555555555555555 only0 0
vide cheEue No, 5555555 dated 55555555555 0
drawn on 555555555555555 Fank& 5555555 0
%ranch %eing the full consideration to %e %y it 0
paid to us, 0 Rs,555555555556=
:C SA7 RCCC)VCD

;B1 9AB<0DB7 B1 97#7C7

;B91 AB;IC7!<0 91 97#7C7
4DA:EDI0E :<070:95

:itnesses2

B < < I / :

RCCC)VCD the day and the year @rst hereina%ove written fro# the a%ovena#ed )nco#ing
'enant the su# of Rs, 5555555556= .Rupees 5555555555555555555555555 only0 towards rent till
5555555555555555& Rs,555555556= .Rupees 555555555555555555 only0 %eing security deposit
eEuivalent to K .Si-0 #onths rent and Rs,55555555556= .Rupees 5555555555555555555555only0
%eing the transfer charges as within#entioned to %e %y it the# paid to us& details whereof
are as under2

Cheque No. Date Drawn on Amount

+,

0otal 1

:C SA7 RCCC)VCD

.0 PSAA SPRCSACAANDRA FAA''

.30 M)'A MAACSACAANDRA FAA''

.D0 M)SAR)(A( JAPNBAR(A( +XA
'RPS'CCS

D7:<D :=I9 D7F D$ 200)

;B1 9AB<0DB7 B1 97#7C7 N 70B1
,,,, +utgoing 'enants

AND

;B91 A9=7 9AB<9==70DB7 !=7:: N DB91
,,,,,, 'rustees

AND

M6S, F+R'PNC C+NS'RPC')+N
U)nco#ing 'enant

DCCD +F 'RANSFCR +F 'CNANC7

'A)S D<<D D$ :B709$ of Mu#%ai )ndian )nha%itant residing at F6D& 'ara
Fhuvan& M,B, Cross Road No,D& Mandivali .:est0& Mu#%ai I?? ?K!& hereinafter referred to
as 6t+e Dutgoing :enant8 .which e-pression shall unless repugnant to the conte-t or
contrary to the #eaning thereof& %e dee#ed to #ean and include his respective heirs&
e-ecutors and ad#inistrators0 of the First 8art

AND

415 ;B91 A9=7 9AB<9==70DB7 !=7::> 425 ;B91 ;I:7 ;7=<9==70DB7
!=7:: and 435 ;I9=BIC7C J=A0E7BC7C DP7& all of Mu#%ai& )ndian )nha%itants& the only
present 'rustees of MRS, ()(AVA') (AQM)DAS FAM)(7 'RPS' constituted %y late Mrs, (ilavati
(a-#idas Fhatt under her (ast :ill and 'esta#ent dated >
th
June& 4!I& having their
address at Fhattwadi& Ja#%li Balli& Forivali .:est0& Mu#%ai I?? ?43& hereinafter collectively
referred to as 6t+e :rustees8 .which e-pression shall unless it %e repugnant to the conte-t
or #eaning thereof #ean and include the 'rustees for the ti#e %eing of the said Settle#ent&
the survivor of the# and all persons clai#ing %y under or through the#0 of the Second 8art

AND

;J91 $DB:A0< D09:BA:ID09& a partnership @r# having its principal place of %usiness
at Narayan Mansion& KK=A& Dr, A#%edkar Road& Dadar .Cast0& Mu#%ai I?? ?I& hereinafter
referred to as 6t+e Incoming :enant8 .which e-pression shall unless it %e repugnant to the
conte-t or #eaning thereof& %e dee#ed to #ean and include the partners or partner
constituting the said @r# and the partners fro# ti#e to ti#e and survivor or survivors of
each of the# and heirs& e-ecutors& ad#inistrators and assigns of the last surviving partner0
of the 'hird 8art2

G = < B < 7 9 H

A, 'he 'rustees are the only present 'rustees of Mrs, (ilavati (a-#idas Fa#ily 'rust&
constituted under a Settle#ent #ade %y Mrs, (ilavati (a-#idas Fhatt under her (ast :ill
and 'esta#ent dated >
th
June 4!I& and are seiLed and possessed of or otherwise well and
suNciently entitled to all that piece or parcel of land situate at Ja#%li Balli& Forivali .:est0&
Mu#%ai=I?? ?43 .which property is #ore particularly descri%ed in
the $IB9: 9=<DAC< hereunder written .hereinafter %rie9y referred to as It+e said
*ro*ertyI0J

F, Fy a Develop#ent Agree#ent dated ?
th
May& 3??! duly registered with the Su%=
Registrar of Assurances at Forivali6FDR=> under Serial No,D!D of 3??! on 3>
th
May& 3??!
and #ade %etween the 'rustees6+wners& therein also referred to as ;the 'rustees< of the
First 8art and the .0 8ratha#esh Sureshchandra Fhatt& .30 Devang Sureshchandra Fhatt& .D0
Jai Maheshchandra Fhatt& .I0 Fhushan 8ari#al Fhatt and .>0 P#esh Jitendra 8rasad Vyas
.for#erly& P#esh Sureshchandra Fhatt0 therein referred to as ;the Con@r#ing 8arties<
.hereinafter collectively referred to as ;t+e beneOciaries<0 of the Second 8art and the
)nco#ing 'enant& therein referred to as ;the Developers< of the 'hird 8art& the
'rustees6+wners with the consent concurrence and con@r#ation of the said %ene@ciaries
and su%/ect to the retention of FS) as therein stated& there%y granted& entrusted and
conferred upon the )nco#ing 'enant& the develop#ent rights in respect of the said property
for construction of %uilding6s %y utiliLing the entire FS) arising out of the said 8roperty
including to utiliLe outside 'DR FS) and all %ene@ts accruing in respect of the said property
and which can %e loaded and consu#ed on the said property as one single consolidated
pro/ect for the consideration and on the ter#s and conditions therein containedJ
C, Pnder the said Develop#ent Agree#ent it was agreed %y and %etween the
'rustees6+wners& the said Fene@ciaries and the Developers that the Developers shall
construct and handover to the 'rustees6+wners& aggregate constructed area ad#easuring
3&!K sE, ft, carpet area for allot#ent to the tenants whose na#es are set=out in Anne-ure
))) anne-ed thereto .hereinafter referred to as ;t+e :enantQs !uilding<0 and construct
.one0 co##ercial Y cu# residential %uilding for sale in the open #arket .hereinafter referred
to as ;t+e said 9ale building<0J

D, 'he 'rustees have authoriLed the )nco#ing 'enant& under the aforesaid Develop#ent
Agree#ent to negotiate settle#ent with all the tenants on the said property& at its own costs
and e-penses& on such ter#s and conditions they dee# @tJ

C, 'he +utgoing 'enant herein is a #onthly tenant since last several years in respect of
Roo#6Bodown No, ad#easuring D"" sE, ft, .appro-,0 .carpet area0 on the ground 9oor of
Chawl No, C and #ore particularly descri%ed in the Second Schedule hereunder written
.hereinafter referred to as ;the said tenanted pre#ises<0 and is paying #onthly rent of
Rs,5555555555 .Rupees only0, Copies of the rent receipt& ration card and voters card of the
+utgoing 'enants are anne-ed hereto and #arked as 7nnexures 678>
6!8and 68 respectivelyJ

F, 'he +utgoing 'enants have %een regularly& till the date of these presents& paying to
the 'rustees6+wners and the 'rustees6+wners have %een regularly collecting fro# the
+utgoing 'enants the full #onthly rent fro# #onth to #onth in respect of the said tenanted
pre#ises and in that %ehalf have %een issuing corresponding Rent ReceiptsJ

B, )n the circu#stances aforesaid the +utgoing 'enants have %een in lawful& continuous
and uninterrupted use occupation and possession of the tenanted pre#ises since several
yearsJ
A, 'he +utgoing 'enant have with the consent6per#ission of the 'rustees as is attested
to %y the 'rustees /oining in as parties to this Agree#ent .the +wners of the said property0
agreed to assign and transfer his tenancy6occupancy rights in respect of the tenanted
pre#ises including the %ene@t accruing to hi# as tenant of 'rustees under the said
Develop#ent Agree#ent and6or any other writing %etween the 'rustees6+wner and the
)nco#ing 'enant for the consideration and on the ter#s and conditions hereinafter
appearing,

0DG :=I9 I0D<0:AB< GI:0<99 70D I: I9 =<B<!F 7EB<<D !F 70D !<:G<<0 :=<
/7B:I<9 =<B<:D 79 A0D<B H

, )n consideration of a su# of Rs,55555555556= .Rupees 555555555
5555555555555555555555555555 only0 paid %y the )nco#ing 'enant to the +utgoing 'enant on the
e-ecution of these presents .receipt whereof the +utgoing 'enant doth here%y ad#its and
acknowledges and of and fro# the sa#e and every part thereof forever acEuit& release and
discharge the )nco#ing 'enant fro# the pay#ent of the sa#e0 and in further consideration
of the rent here%y reserved and the covenants and the conditions contained hereinafter and
on the part of the )nco#ing 'enant to %e o%served and perfor#ed& the +utgoing 'enant doth
here%y assigns and transfers unto the )nco#ing 'enant and the 'rustees do and each of
the# doth here%y con@r# unto the )nco#ing 'enant free fro# all encu#%rances and clai#s
the tenancy rights& possession and all their right& title and interest upon Roo#6Bodown No,
ad#easuring D"" sE, ft, .appro-,0 .carpet area0 in the aggregate on the ground 9oor of the
Chawl No, C situated at Ja#%li Balli& Forivali .:est0& Mu#%ai=I?? ?43 and #ore particularly
descri%ed in the Second Schedule hereunder written .hereinafter referred to as ;t+e said
tenanted *remises<0 '+ AAVC AND '+ A+(D the tenanted pre#ises unto the )nco#ing
'enant as a tenant of the 'rustees fro# #onth to #onth co##encing fro# the date of
e-ecution of these presents yielding and paying therefore a #onthly rent of Rs,555555555556=
.Rupees 55555555555555555555555 only0 paya%le to the 'rustees on or %efore the >
th
day of
each Cnglish calendar #onth in advance in the #anner stated hereafter, 'he )nco#ing
'enant has& on the e-ecution of these presents& paid to the 'rustees a su# of Rs,55555555556=
.Rupees 555555555555555555555555555 only0 %eing rent for the period co##encing fro#
555555555555 till 55555555555555 .receipt whereof the 'rustees doth here%y ad#it and
acknowledge0,

3, Further& in consideration of the 'rustees granting their consent to the transfer of
tenancy of the tenanted pre#ises %y the +utgoing 'enant to the )nco#ing 'enant& the
)nco#ing 'enant has on the e-ecution of these presents deposited with the 'rustees& a su#
of Rs,55555556= .Rupees 55555555555555555555555555 only0 %eing eEuivalent to si- #onthGs rent
as security deposit and paid to the 'rustees a su# of Rs,5555555555556= .Rupees 555555555555
555555555555555555555555 only0 %y way of transfer charges .receipts whereof the 'rustees do
and each of the# doth here%y ad#it and acknowledge and of and fro# the sa#e and every
part thereof forever acEuit& release and discharge the )nco#ing 'enant fro# the pay#ents of
the sa#e0,

D, Si#ultaneously herewith& the +utgoing 'enant has re#oved hi#self& his fa#ily
#e#%ers& servants and agents including all his furniture& articles& personal %elongings and
other paraphernalia therefro# and handed over the Euiet vacant and peaceful possession of
the said tenanted pre#ises to the )nco#ing 'enant,

I, 'he +utgoing 'enant doth here%y further declare and con@r# that the aforesaid total
consideration is all inclusive consideration for transfer and6or assign#ent of his tenancy
rights in respect of the tenanted pre#ises including for transfer and assign#ent of all the
%ene@ts of the +utgoing 'enant& as tenant of 'rustees and6or otherwise howsoever under the
said Develop#ent Agree#ent dated ?
th
May& 3??! entered into %y the 'rustees in favour of
the )nco#ing 'enant %eing the developer of the said property and the +utgoing 'enant doth
here%y undertakes that he shall not clai# any interest& right& privilege or de#and in the
consideration and6or the right to %e allotted per#anent alternate acco##odation in the
proposed new %uilding under the said Develop#ent Agree#ent and6or into6upon the said
tenanted pre#ises or any part thereof howsoever and shall not raise6create any
o%stacle6i#pedi#ent6 litigation of any nature whatsoever,

>, +n e-ecution of these presents the +utgoing 'enant and the 'rustees have handed
over to the )nco#ing 'enant all the original docu#ents in respect of the tenanted pre#ises
including %ut not li#ited to the latest rent receipt issued %y the 'rustees in favour of the
+utgoing 'enant and all other papers& instru#ents and writings relating to the tenanted
pre#ises which were in possession& custody and control of the +utgoing 'enants and6or
'rustees& and the )nco#ing 'enant here%y acknowledges receipt of the sa#e,

K, 'he 'rustees do and each of the# doth here%y covenant with the )nco#ing 'enant
that henceforth the )nco#ing 'enant shall and will %e entitled to peacea%ly and Euietly enter
upon and have free& easy and uno%structed access to the tenanted pre#ises and shall %e
entitled to %e and continue to re#ain in possession of the tenanted pre#ises,

!, 'he )nco#ing 'enant here%y covenants with the 'rustees as follows2

.a0 to pay without any deduction to the 'rustees the said #onthly rent for the use
occupation and possession of the tenanted pre#ises fro# #onth to #onth in the #anner
hereinafter containedJ

.%0 to pay the water and electricity charges in respect of the tenanted pre#ises with
eTect fro# the date of these presentsJ

.c0 to pay the proportionate #unicipal ta-es in respect of the said property with eTect
fro# the date of these presentsJ

", 8rovided always and it here%y agreed and declared as follows 2

.a0 Ppon the )nco#ing 'enant punctually paying the rent and o%serving and perfor#ing
the covenants and conditions on the part of the )nco#ing 'enant to %e o%served and
perfor#ed and or otherwise applica%le at law& the )nco#ing 'enant shall always %e entitled
to Euiet and peaceful use& occupation& possession and en/oy#ent of the tenanted pre#ises
without any interruption or distur%ance %y the 'rustees or any person or persons rightfully or
otherwise clai#ing fro# under or in trust fro# the 'rusteesJ

.%0 'he tenancy of the )nco#ing 'enant shall not %e ter#inated %y the 'rustees6+wners
e-cept for non=pay#ent of rent for a continuous period of 4? days after it %eco#ing due,
'he 'rustees shall not ter#inate the tenancy of the )nco#ing 'enant on any other ground
including that of personal and %ona@de reEuire#ent of the 'rustees or non=user or as reason
that the )nco#ing 'enant has acEuired other pre#ises elsewhere or otherwiseJ and

4, 'he +utgoing 'enant doth here%y covenants with the )nco#ing 'enant that 2

.a0 'he tenancy in respect of the tenanted pre#ises is standing in the na#e of the
+utgoing 'enant and no other person has any clai#& share& right& title or interest in& to& over
or upon the tenanted pre#ises or any part thereof and he is a%solutely and e-clusively
entitled to and co#petent to and authoriLed to transfer and or deal with the said tenanted
pre#isesJ

.%0 'he +utgoing 'enant have %een in continuous and uninterrupted use possession and
occupation of the tenanted pre#ises since last several yearsJ

.c0 'he +utgoing 'enant have not created any encu#%rance& #ortgage& lien& ease#ent
or right in& to& over or upon the tenanted pre#ises or any part thereof nor is the tenanted
pre#ises or any part thereof the su%/ect #atter of any dispute& suit or proceeding or
attach#ent %efore or after /udge#ent and the tenanted pre#ises is not su%/ect to any lis
pendenseJ

.d0 'he +utgoing 'enant have not done or o#itted to do any act deed #atter or thing
where%y they have %een precluded fro# e-ecuting this Deed in respect of the tenanted
pre#ises and6or fro# transferring the tenancy in respect of the tenanted pre#ises in favour
of the )nco#ing 'enantJ

.e0 'he +utgoing 'enant doth here%y declare and con@r# that upon transferring their
tenancy rights in the tenanted pre#ises& they shall not have any right& title and interest or
clai# whatsoever into6upon the tenanted pre#ises or any part thereof as a tenant or
otherwise in any #anner whatsoeverJ

.f0 'he +utgoing 'enant doth here%y agrees to inde#nify and keep inde#ni@ed the
'rustees& their successors and assigns and the )nco#ing 'enant against any clai#& de#ands&
or persons clai#ing %y& through and under the# or otherwise for any tenancy& su%=tenancy
or other rights& of any nature whatsoever in respect of the said tenanted pre#ises or any
part thereof and for all costs& charges& e-penses& losses and da#ages that #ay %e incurred
and6or suTered %y the a%ove persons,

?, 'he +utgoing 'enant and the 'rustees are aware that the )nco#ing 'enant has
agreed to pay the aforesaid consideration of Rs,55555555556= .Rupees
55555555555555555555555555555555 only0 and enter into this Deed on the faith and strength of
the declarations and warranties stated hereina%ove& which the 'rustees and the +utgoing
'enant con@r# as %eing true and correct,

, )t is here%y agreed %y and %etween the parties hereto that the +utgoing 'enant shall
%e responsi%le and lia%le for all disputes6clai#s if any received %y the 'rustees and6or
)nco#ing 'enant in respect of the tenanted pre#ises including for clai#ing any share in the
consideration fro# any of the relatives of the +utgoing 'enant and6or any other persons
clai#ing %y fro# through under of in trust for the +utgoing 'enant and the +utgoing 'enant
here%y agrees and inde#nify and keep inde#ni@ed the 'rustees and the )nco#ing 'enant in
respect of such clai#s,

3, 'he sta#p duty and6or registration charges shall %e %orne and paid %y the )nco#ing
'enant alone,

D, 'his Deed of 'ransfer of 'enancy shall always %e su%/ect to the provisions of the
Maharashtra Rent Control Act& 444 and the rules #ade thereunder,

I, 'he Courts in Mu#%ai shall have e-clusive /urisdiction,

respective hands and seals the day and year hereina%ove written,

:=< $IB9: 9=<DAC< 7!D#< B<$<BB<D :D
%// 0.%0 piece or parcel of land ad#easuring D&4"?,4? sE,#trs, or therea%outs for#ing
part of ',8, Sche#e No,)))& Forivli %earing C'S No,?I A& Final 8lot No,!>& of Village Forivli&
and %ounded as follows& viL,

+n or towards the North 2 %y Ja#%li Balli&
+n or towards the South 2 %y Final 8lot No,!D&
+n or towards the Cast 2 %y Final 8lot No,!I& and
+n or towards the :est 2 %y Final 8lot No,"3
in the Registration Su%=District of Forivli& District Mu#%ai Su%ur%an,

:=< 9<D0D 9=<DAC< 7!D#< B<$<BB<D :D
(description of the tenanted premises)

Roo#6Bodown No, ad#easuring D""sE, ft, .appro-,0 .carpet area0 in the aggregate on the
ground 9oor of the Chawl No, C standing on the said property known as Fhatt :adi situate at
',8, Sche#e No, )))& Forivli %earing C'S No,?I A& Final 8lot No,!>& of Village Forivli in the
Registration Su%=District of Forivli& District Mu#%ai Su%ur%an,

:ithin na#ed +utgoing 'enant 0
;B1 D<#70E D=709A?= :=7??7B 0

%y the within na#ed 'rustees 0
%eing the present 'rustees of 0
;B91 CIC7G7:I C7@;ID79 $7;ICF :BA9: 0
415 ;B91 A9=7 9AB<9==70DB7 !=7:: 0
425 ;B91 ;I:7 ;7=<9==70DB7 !=7:: 0
435 ;I9=BIC7C J=A0E7BC7C DP7 0
in the presence ofU,, 0

:ithin na#ed )nco#ing 'enant 0
$DB:A0< D09:BA:ID09 0
through the hands of its duly authorised 0
partner 55555555555 0

RCCC)VCD the day and the year @rst 0
Aereina%ove written fro# the a%ovena#ed 0
the )nco#ing 'enant the su# of Rs,55555556= 0
.Rupees 555555555555555555only0 0
vide cheEue No, 5555555 dated 55555555555 0
drawn on 555555555555555 Fank& 5555555 0
%ranch %eing the full consideration to %e %y it 0
paid to #e, 0 Rs,555555555556=
) SA7 RCCC)VCD

4D<#70E D=709A?= :=7??7B5
+utgoing 'enant

:itnesses2

B < < I / :

RCCC)VCD the day and the year @rst hereina%ove written fro# the a%ovena#ed the
)nco#ing 'enant the su# of Rs, 5555555556= .Rupees 5555555555555555555555555 only0 towards
rent till 5555555555555555& Rs,55555555556= .Rupees 55555555555555555555555555 only0 %eing
security deposit eEuivalent to K .Si-0 #onths rent and Rs,55555555556= .Rupees
5555555555555555555555555555555555 only0 %eing the transfer charges as within#entioned to
%e %y it the# paid to us& details whereof are as under2

Cheque No. Date Drawn on Amount

0otal 1

:C SA7 RCCC)VCD

415 A9=7 9AB<9==70DB7 !=7::

425 ;I:7 ;7=<9==70DB7 !=7::

435 ;I9=BIC7C J=A0E7BC7C DP7
'RPS'CCS

D7:<D :=I9 D7F D$ 2011

D<#70E D=709A?= :=7??7B
,,,, +utgoing 'enant

AND

;B91 A9=7 9AB<9==70DB7 !=7:: N DB91
,,,,,, 'rustees

AND

$DB:A0< D09:BAI:D09
U)nco#ing 'enant

DCCD +F 'RANSFCR +F 'CNANC7

7EB<<;<0:

'A)S 7EB<<;<0: #ade at Mu#%ai this 5555555 day of 55522222222222 in the Christian 7ear
'wo 'housand and 'hirteen .3?D0

!<:G<<0

;B91 DI/:I #IB7J 9=7= adult& of Mu#%ai& )ndian )nha%itant residing at Shriniketan& "K=A&
Neta/i Su%hash Road& Mu#%ai I?? ??3& hereinafter referred to as 6t+e
7ssignorJ:enant8 .which e-pression shall unless it %e repugnant to the conte-t or #eaning
thereof %e dee#ed to #ean and include her heirs& e-ecutors and ad#inistrators0 of
the $IB9: /7B: J

70D

415 ;B1 #IB7J ;70=7BC7C 9=7=> hereinafter referred to as 6onOrming /arty 0o1 18>
425 ;B1 !=7B7: ;70=7BC7C 9=7=& hereinafter referred to as 6onOrming /arty 0o1
28& and 435 ;B91 77!=7 !=7B7: 9=7=& hereinafter referred to as6onOrming /arty
0o1 38 all of Mu#%ai& )ndian )nha%itants& all residing at Shriniketan& "K=A& Neta/i Su%hash
Road& Mu#%ai I????3& hereinafter Con@r#ing 8arty No, & Con@r#ing 8arty No, 3 and
Con@r#ing 8arty No, D %e collectively referred to as 6t+e onOrming /arties8 .which
#ean and include their respective heirs& e-ecutors and ad#inistrators0 of the 9<D0D
/7B:J

70D

07B=7B D<#<CD/K and having its registered oNce at Bordhan Fuilding No ))& Dr,
8arekh Street& 8rarthana Sa#a/& Mu#%ai I?? ??I& hereinafter referred to 6t+e
7ssigneeJ/urc+aser8 .which e-pression shall unless it %e repugnant to the conte-t or
#eaning thereof %e dee#ed to #ean and include its successors=in=title and assigns0 of
the :=IBD /7B: 2

G = < B < 7 9H

A, Mohinoor Co=operative Aousing Society (i#ited& a Co=operative Aousing Society
registered under the provisions of the Maharashtra Co=operative Societies Act& 4K? under
Registration No, F+M6:BM6ASB6'C6K?! of 4""="4 and having its registered oNce at Final
8lot No, DI=F& '8S )))& Fal Bovindas Road& Mu#%ai I?? ?3" .hereinafter referred to as ;t+e
9ociety<0 is the owner of and is seiLed and possessed of or otherwise well and suNciently
entitled to all that piece and parcel of land or ground ad#easuring >?II,>3 sE, #eters
%earing Survey No, I33 .part0 and I3K .part0 of Mahi# Division and corresponding to C,',S,
No, 555555 and Final 8lot No, DI=F of 'own 8lanning Sche#e& Mu#%ai City )))& Mahi# in the
Registration District Mu#%ai and Mu#%ai District .hereinafter referred as ;t+e said
/ro*erty<0 together with structures ad#easuring 3K,43 sE, #trs, eEuivalent to 3"! sE, ft,
standing on the portion of the said 8roperty %earing B :ard No, D!>D .3a0& Street No, I
situate lying and %eing at Fal Bovindas Road& Mu#%ai I?? ?3" .hereinafter referred as ;t+e
said 9tructures<0 and the said 8roperty along with the Structures is #ore particularly
descri%ed in the $IB9: 9=<DAC< hereunder written, 'he said 8roperty is standing in the
na#e of the Society in all the Revenue records including the 8roperty Register CardJ

F, Fy under an Agree#ent dated 3!
th
Septe#%er 44I .hereinafter referred to as
;7greement dated 27
t+
9e*tember 1))( <0 #ade and e-ecuted %etween the Society&
therein referred to as ;the (andlords< of +ne 8art and the Assignor6'enant herein alongwith
the Con@r#ing 8arties& therein collectively referred to as ;the 'enants< of the +ther 8art& the
Society there%y granted the said Structures standing on the said 8roperty unto the
Assignor6'enant alongwith the Con@r#ing 8arties as 'enants of the said Structure on
#onthly tenancy %asis alongwith certain other rights& %ene@ts and privileges relating to said
Structures at or for the #onthly rent and on the ter#s and conditions #ore particularly set
out thereinJ

C, )n view of the aforesaid the Assignor6'enant herein alongwith the Con@r#ing 8arties
%eca#e the #onthly tenants of the Society and since then was paying #onthly rent of
Rs,55555555555556= .Rupees 5555555555555555555555 only0 to the Society in respect of the said
StructuresJ

D, 'hereafter %y and under an Agree#ent dated 3!
th
Septe#%er 44I .hereinafter
referred to ;t+e said 7greement<0 #ade and e-ecuted %etween the Society& therein
referred to as ;the Developer< of +ne 8art and the Assignor6'enant herein& therein referred
to as ;the 'enant< of the +ther 8art& the Society in lieu of Assignor 6 'enant agreeing to
te#porarily shift fro# her pre#ises %earing No, 55555555555555 ad#easuring !>? sE, ft, .%uilt
area0 in patra shed standing on the said 8roperty .hereinafter referred to as ;t+e tenanted
*remises80 to a te#porary alternate acco##odation provided %y the Society& the Society
there%y agreed to construct a new %uilding on the Said 8roperty in 8hase )) within a period of
3" #onths fro# the date of the co##ence#ent of work in accordance with the plans and
structures to %e approved %y Municipal Corporation of Breater Mu#%ai .;t+e ;E;<0 and
allot& grant and handover the possession of a self contained 9at or tene#ent ad#easuring
!>? sE, ft, %uilt up area on the I
th
Floor or upper @rst 9oor of the new %uilding to the
Assignor6'enant herein and the Assignor6'enant is not lia%le to pay rent to the Society&
.hereinafter referred to as ;t+e said ne. ,at< and is #ore particularly descri%ed in
the 9<D0D 9=<DAC< hereunder written0 on ownership %asis and free of costs as and %y
way of per#anent alternate acco##odation and on the ter#s and conditions contained
thereinJ

C, )n pursuance thereof& %y an under a Me#orandu# of Pnderstanding dated
3>
th
Dece#%er 44I .hereinafter referred to ;t+e said ;DA <0 #ade and e-ecuted %etween
the Society& therein referred to as ;the Society< and Ra/shri Constructions& therein referred
to as ;the Contractor< .hereinafter referred to as ;t+e said ontractor<0& the Society
therein agreed to appoint the said Contractor to construct the new %uilding6s on the said
8roperty %y de#olishing 8atra shed and other structures %elonging to the Society and
thereafter re=house6 re=ha%ilitate the e-isting tenants of the Society in the new %uilding6s
free of cost as and %y way of per#anent alternate acco##odation and on the ter#s and
conditions stated thereinJ

F, 'hereafter upon the receipt of (etter dated K
th
Fe%ruary 44> fro# the Society& the
Assignor6'enant herein handed over her tenanted pre#ises to the Society for purpose of
de#olishing the said Structures and constructing thereon new %uilding6s in accordance with
the plans sanctioned %y Municipal Corporation of Breater Mu#%ai .;the MCBM<0J

B, )n the pre#ises aforesaid and upon the receipt of the possession of the said tenanted
pre#ises fro# the Assignor6'enant& the Society handed over the possession of the said
tenanted pre#ises alongwith the other structures standing on the said 8roperty unto the
said Contractor for the purpose of de#olition of the said tenanted pre#ises alongwith the
other structures standing on the said 8roperty and for constructing thereon New Fuilding6s in
accordance with the ter#s of said M+P, Accordingly the said tenanted pre#ises alongwith
the other structures standing on the said 8roperty was de#olished %y the said Contractor
and the said Contractor thereafter co##enced the construction work of the New Fuilding6s
on the said 8ropertyJ

A, Ppon co#pletion of construction of new %uilding co#prising of stilt& podiu# plus
55555555555 upper 9oors on the said 8roperty& .hereinafter referred to as ;the New Fuilding<0&
the Society has o%tained a part +ccupation Certi@cate dated
st
June 3??> %earing No,
CF6I"K?6BN6A in respect of the reha% %uilding :ing C=D constructed on the said 8roperty&
however due to so#e unavoida%le circu#stances& the Society has not yet handed over the
possession of the said new Flat to the Assignor6'enant till date, A copy of part +ccupation
Certi@cate is anne-ed hereto and #arked as 7nnexure 678J

), 8ursuant to the negotiations %etween the parties& the Assignor 6 'enant with the
consent and con@r#ation of the Con@r#ing 8arties herein has agreed to sell& transfer and
assign unto the Assignee 6 8urchaser all her %ene@ts and all the right& title and interest
under the said Agree#ent dated 3!
th
Septe#%er 44I and said Agree#ent unto the
Assignee68urchaser alongwith the right of the Assignor 6 'enant to get possession of the said
New 9at in the New Fuilding6s constructed on the said 8roperty free of costs and on
ownership %asis at or for the consideration and on the ter#s and conditions hereinafter
appearing,

0DG :=I9 7EB<<;<0: GI:0<99<:= 70D I: I9 =<B<!F 7EB<<D !F 70D !<:G<<0
:=< /7B:I<9 =<B<:D 79 A0D<BH

, 'he parties hereto agree that the recitals hereina%ove shall for# an integral part of
this Agree#ent as if sa#e were reproduced herein ver%ati#,

3, )n pursuance of the Agree#ent and in consideration of su# of Rs,3&3>&??&???6=
.Rupees 'wo Crores 'wenty Five (acs only0 paid %y the Assignee68urchaser to the
Assignor6'enant %efore the e-ecution of this Agree#ent .the pay#ent and receipt whereof
the Assignor6'enant doth here%y ad#it and acknowledge and of and fro# the sa#e and
every part thereof forever acEuit& release and discharge the Assignee68urchaser fro# the
pay#ent of the sa#e0& the Assignor6'enant doth here%y sell& transfer and assign unto the
Assignee68urchaser and the Assignee68urchaser doth here%y purchase and acEuire fro# the
Assignor6'enant all her %ene@ts and all the right& title and interest under the said Agree#ent
dated 3!
th
Septe#%er 44I and said Agree#ent unto the Assignee68urchaser alongwith the
right of the Assignor6'enant to get the possession of one self contained Flat %earing No,
555555 ad#easuring !>? sE, ft, %uilt up area on the I
th
Floor or upper @rst 9oor of the new
%uilding .hereinafter referred to as ;t+e 0e. $lat8 and is #ore particularly descri%ed in
way of per#anent alternate acco##odation given %y developer in the New Fuilding
standing on the Said 8roperty together with all incidental rights of ownership along with the
right of access and other reasona%le rights in co##on areas to ena%le the
Assignee68urchaser to %ene@cially use and en/oy the said new 9at a%solutely and forever,

D, Si#ultaneously with the e-ecution of this Agree#ent& the Assignor6'enant shall hand
over to the Assignee68urchaser notariLed copies of the original docu#ents with respect to
the said tenanted pre#ises,

I, 'he Assignor6'enant doth here%y declares and represents with the
Assignee68urchaser that2

.a0 'he Agree#ent dated 3!
th
Septe#%er 44I and said Agree#ent are valid& su%sisting
and in full force and %inding on the 8arties thereto and that the Assignor6'enant have not
co##itted any %reach of any of the ter#s and conditions #entioned thereofJ

.%0 she has not transferred or assigned her %ene@ts& right& title and interest under the
said Agree#ent dated 3!
th
Septe#%er 44I and said Agree#ent to any third=partyJ

.c0 she is o%liged to pay the rent and #unicipal ta-es paya%le in respect of the said
tenanted pre#ises for the period only upto date of handing over the possession of the said
tenanted pre#ises to the Society as and when de#anded %y the Society, Further the
pay#ent if any shall %e paid %y the SocietyJ

.d0 She is not prohi%ited fro# dealing with& disposing of or transferring her the said New
Flat to the Assignee 6 8urchaser %y )nco#e 'a- or any other authorityJ

.e0 No suit for eviction or e/ect#ent or otherwise has %een @led %y the Society against
the Assignor6'enant in respect of the tenanted pre#ises and no in/unction is passed %y any
co#petent court where%y the Assignor6'enant are precluded fro# transferring tenancy
rights in respect of the tenanted pre#ises in favour of the Assignee68urchaserJ

.f0 Neither she nor her fa#ily #e#%ers have done or o#itted to do any act deed #atter
or thing where%y the Assignor 6 'enant are precluded fro# e-ecuting this Agree#ent in
respect of the said New Flat in favour of the Assignee68urchaserJ
.g0 Neither she or her fa#ily #e#%ers have created #ortgage and 6or lien on the said
%ene@ts under agree#ent dated 3!
th
Septe#%er 44I,

>, 'he Assignor6'enant shall cause the Society to handover the possession of the said
new 9at to the Assignee68urchaser herein and upon o%taining the possession of the said New
Flat fro# the Society& the Assignee68urchaser shall %e entitled use& occupy& possess and
en/oy the said new 9at as owner thereof without any o%/ection or hindrance fro# the
Assignor6'enant& Society and Con@r#ing 8arties hereinJ
K, 'he Assignee6 8urchaser shall upon o%taining the possession of the said new 9at
fro# the Society& pay the #unicipal ta-es& outgoings& #aintenance charges& utility %ills and
other outgoing charges with respect to said New Flat to the Society and respective Service
8rovider,

!, 'he Assignor6'enant doth here%y covenant with the Assignee 6 8urchaser that it shall
%e lawful for the Assignee68urchaser fro# ti#e to ti#e and at all ti#es after o%taining the
possession of the said New Flat fro# the Society& to enter upon the said New Flat and use&
occupy& possess and en/oy the said New Flat here%y sold& transferred and assigned unto and
receive the rents& issues and pro@ts thereof and of every part thereof to and for her own use
and %ene@t without any suit& eviction& interruption& clai# and de#and whatsoever fro# or
%y the Assignor6'enant and6or her heirs& e-ecutors or ad#inistrators or any of the# or %y
any person or person lawfully or eEuita%ly clai#ing or to clai# %y& fro#& through& under or in
trust for her, 'he Assignee68urchaser shall %eco#e #e#%er of the Society and o%tain the
Share Certi@cate in respect of the said new Flat in their own na#e,

", 'he Assignor6'enant doth here%y covenant with the Assignee 6 8urchaser that the
said New Flat and all incidental rights thereto is free and clear and freely and clearly and
a%solutely acEuitted& e-onerated and forever discharged or otherwise %y the Assignor 6
'enant well and suNciently saved& defended and kept har#less of and fro# and against all
for#er and other estates& titles& charges and encu#%rances whatsoever had #ade&
e-ecuted& occasioned or suTered %y the Assignor 6 'enant or %y any person or persons
lawfully or eEuita%ly clai#ing or to clai# %y& fro#& through& under or in trust for her,

4, 'he Assignor 6'enant doth here%y covenant with the Assignee 6 8urchaser that the
Assignor6'enant and all person having or lawfully or eEuita%ly clai#ing any estate or interest
whatsoever in the said New Flat or any part thereof fro#& under or in trust for the Assignor 6
'enant or her heirs6successors or any of the# shall and will fro# ti#e to ti#e and at all
ti#es hereafter at every reasona%le reEuest and at the cost of the Assignee68urchaser do&
e-ecute and perfor# or cause to %e done& e-ecuted and perfor#ed all such further and
other acts& deeds& #atters& things& conveyances and assurances in the law for the %etter and
#ore perfectly and a%solutely granting& selling& conveying& transferring and assuring unto
the Assignee68urchaser the said New Flat or any part thereof as #ay %e reEuired %y the
Assignee68urchaser& its successors and6or assigns or their counsel in law,

?, 'he sta#p duty and registration charges paya%le on this Agree#ent shall %e %orne
and paid %y the Assignee68urchaser alone,

, Cach party shall %ear and pay the professional fees of their respective Advocates and
Solicitors,

3 Cach party agree that if reEuired in furtherance to this agree#ent shall e-ecute such
other deeds and docu#ents to perfect the title of the said New Flat and re#ain present in
registration oNce when called upon %y 8urchaser and the sta#p duty and registration
charges& if any on the sa#e shall always %e %orne and paid %y the Assignee68urchaser,

D, 'his Agree#ent is su%/ect to the e-clusive /urisdiction of Court at Mu#%ai,

I, 'he 8er#anent Account Nu#%ers .8AN0 of the parties hereto are as follows2
Name of the Parties Permanent Account Nos.
MR. D!P"! #!RA$ %A%
MR. #!RA$ MAN%AR&A& %A%
MR. B%ARA" MAN%AR&A& %A%
MR. AAB%A B%ARA" %A%
NAR%AR DE#E&'PER P#". &"D.

respective hands and seals the day and year @rst hereina%ove written,

:=< $IB9: 9=<DAC< 7!D#< B<$<BB<D :DH
(the said (roperty)
All that 8atra Shed ad#easuring 3K,43 sE, #trs, eEuivalent to 3"! sE, ft, consists of I
.four0 units ad#easuring !>? sE, ft, .%uilt=up area0 each standing on Final 8lot No, DI=F of
'own 8lanning Sche#e ad#easuring >?II,>3 sE, #eters %earing Survey No, I33 .part0 and
I3K .part0 of Mahi# Division and corresponding to C,',S, No,555555 %eing lying and situate at
Mu#%ai City )))& Mahi# in the Registration District Mu#%ai and Mu#%ai District %earing B
:ard No, D!>D .3a0& Street No, I situate lying and %eing at Fal Bovindas Road& Mu#%ai
I?? ?3",

:=< 9<D0D 9=<DAC< 7!D#< B<$<BB<D :DH
($the said ne# fat')
Flat %earing No, 55555 on the I
th
Floor or upper @rst 9oor ad#easuring !>? sE, ft, of New
Reha% Fuilding No, C=D standing on the Said 8roperty,

9IE0<D R D<CI#<B<D 0
%y the within na#ed 67ssignorJ:enant8 0
;B91 DI/:I #IB7J 9=7= 0

%y the within na#ed 6onOrming /arties8 0
415 ;B1 #IB7J ;70=7BC7C 9=7= 0
425 ;B1 !=7B7: ;70=7BC7C 9=7= 0
435 ;B91 77!=7 !=7B7: 9=7= 0
in the presence ofUUU, 0

%y the within na#ed 67ssigneeJ/urc+aser8 0
07B=7B D<#<CD/<B /BI#7:< CI;I:<D 0
%y the hand of its Director 0
Mr, 555555555555555555 0
in presence ofU

B < &??&???6= .Rupees 'wo Crore 'wenty Five lakh only0
%eing the entire consideration paid to #e %y the Assignee 6 8urchaser as within #entioned&
details whereof are as under2

Pa( 'r)er /
Cheque No.
Date Drawn on
Amount
*Rs.+
!$6-" -#
th
August* $!!/
'ank of 'aroda
Prarthana Sama3 'ranch
$*$*!!*!!!+,
"ota, $*$*!!*!!!+,

) SA7 RCCC)VCD

.D)8') V)RAJ SAAA0
Assignor6'enant

:itnesses 2

,

3,
Name Photo-ra.h
&eft %an)
"hum. !m.ression
MR. D!P"! #!RA$ %A%



NAR%AR DE#E&'PER PR!#A"E
&!M!"ED

Mr. /////////////
Authori0e) Director

VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
D7:<D :=I9 D7F D$ 2013

FC':CCN

;B91 DI/:I #IB7J 9=7=
U, the Assignor6'enant

AND

;B1 #IB7J ;70=7BC7C 9=7= N DB91
,, Con@r#ing 8arties

'+

07B=7B D<#<CD/<B /BI#7:< CI;I:<D
UAssignee68urchaser

A B R C C M C N '

7EB<<;<0:

'A)S 7EB<<;<0: #ade at Mu#%ai this 5555555 day of 55522222222222 in the Christian 7ear
'wo 'housand and 'hirteen .3?D0

!<:G<<0

;B91 DI/:I #IB7J 9=7= adult& of Mu#%ai& )ndian )nha%itant residing at Shriniketan& "K=A&
the $IB9: /7B: J

70D

415 ;B1 #IB7J ;70=7BC7C 9=7=> hereinafter referred to as 6onOrming /arty 0o1 18>
425 ;B1 !=7B7: ;70=7BC7C 9=7=& hereinafter referred to as 6onOrming /arty 0o1
28& and 435 ;B91 77!=7 !=7B7: 9=7=& hereinafter referred to as6onOrming /arty
0o1 38 all of Mu#%ai& )ndian )nha%itants& all residing at Shriniketan& "K=A& Neta/i Su%hash
Road& Mu#%ai I????3& hereinafter Con@r#ing 8arty No, & Con@r#ing 8arty No, 3 and
Con@r#ing 8arty No, D %e collectively referred to as 6t+e onOrming /arties8 .which
/7B:J

70D

07B=7B D<#<CD/K and having its registered oNce at Bordhan Fuilding No ))&
Dr, 8arekh Street& 8rarthana Sa#a/& Mu#%ai I?? ??I& hereinafter referred to 6t+e
the :=IBD /7B: 2

G = < B < 7 9H

8lot No, DI=F& '8S )))& Fal Bovindas Road& Mu#%ai I?? ?3" .hereinafter referred to as ;t+e
9ociety<0 is the owner of and is seiLed and possessed of or otherwise well and suNciently
entitled to all that piece and parcel of land or ground ad#easuring >?II,>3 sE, #eters
%earing Survey No, I33 .part0 and I3K .part0 of Mahi# Division and corresponding to C,',S,
No, 555555 and Final 8lot No, DI=F of 'own 8lanning Sche#e& Mu#%ai City )))& Mahi# in the
situate lying and %eing at Fal Bovindas Road& Mu#%ai I?? ?3" .hereinafter referred as ;t+e
said 9tructures<0 and the said 8roperty along with the Structures is #ore particularly
descri%ed in the $IB9: 9=<DAC< hereunder written, 'he said 8roperty is standing in the
na#e of the Society in all the Revenue records including the 8roperty Register CardJ

th
;7greement dated 27
t+
out thereinJ

%eca#e the #onthly tenants of the Society at #onthly rent of Rs,55555555555556= .Rupees
5555555555555555555555 only0 to the Society in respect of the said StructuresJ

th
te#porarily shift fro# her pre#ises %earing No, 55555555555555 ad#easuring !>? sE, ft, .%uilt
area0 in patra shed standing on the said 8roperty .hereinafter referred to as ;t+e tenanted
*remises80 to a te#porary alternate acco##odation provided %y the Society& the Society
there%y agreed to construct a new %uilding on the Said 8roperty in 8hase )) within a period of
3" #onths fro# the date of the co##ence#ent of work in accordance with the plans and
structures to %e approved %y Municipal Corporation of Breater Mu#%ai .;t+e ;E;<0 and
allot& grant and handover the possession of a self contained 9at or tene#ent ad#easuring
!>? sE, ft, %uilt up area on the I
th
Floor or upper @rst 9oor of the new %uilding to the
Assignor6'enant herein and the Assignor6'enant is not lia%le to pay rent to the Society&
.hereinafter referred to as ;t+e said ne. ,at< and is #ore particularly descri%ed in
way of per#anent alternate acco##odation and on the ter#s and conditions contained
thereinJ

3>
th
thereafter re=house6 re=ha%ilitate the e-isting tenants of the Society in the new %uilding6s
free of cost as and %y way of per#anent alternate acco##odation and on the ter#s and
conditions stated thereinJ

th
the plans sanctioned %y Municipal Corporation of Breater Mu#%ai .;the MCBM<0J for
o%taining 8er#anent Alternate Acco#odation we are tenants

on the said 8roperty,

A, Ppon co#pletion of construction of new %uilding constructed on the said 8roperty&
the Society has o%tained a part +ccupation Certi@cate dated
st
June 3??> %earing No,
CF6I"K?6BN6A in respect of the reha% %uilding :ing C=D constructed on the said 8roperty&
however due to so#e unavoida%le circu#stances& the Society has not yet handed over the
possession of the said new Flat to the Assignor6'enant till date, A copy of part +ccupation
Certi@cate is anne-ed hereto and #arked as 7nnexure 678J

th
Septe#%er 44I and said Agree#ent and unto the
Assignee68urchaser alongwith the right of the Assignor 6 'enant to get possession of the said
New 9at in the New Fuilding6s constructed on the said 8roperty free of costs and on
ownership %asis at or for the consideration and on the ter#s and conditions hereinafter
appearingJ

:=< /7B:I<9 =<B<:D 79 A0D<BH


3, )n pursuance of the Agree#ent and in consideration of su# of Rs,555555555556=
.Rupees 5555555555555555555 only0 paid %y the Assignee68urchaser to the Assignor6'enant
%efore the e-ecution of this Agree#ent .the pay#ent and receipt whereof the
Assignor6'enant doth here%y ad#it and acknowledge and of and fro# the sa#e and every
part thereof forever acEuit& release and discharge the Assignee68urchaser fro# the pay#ent
of the sa#e0& the Assignor6'enant doth here%y sell& transfer and assign unto the
Assignee68urchaser and the Assignee68urchaser doth here%y purchase and acEuire fro# the
Assignor6'enant all her %ene@ts and all the right& title and interest under the said Agree#ent
dated 3!
th
Septe#%er 44I and said Agree#ent unto the Assignee68urchaser alongwith the
right of the Assignor6'enant to get the possession of one self contained Flat %earing No,
555555 ad#easuring !>? sE, ft, %uilt up area on the I
th
Floor or upper @rst 9oor of the new
%uilding .hereinafter referred to as ;t+e 0e. $lat8 and is #ore particularly descri%ed in
the 9<D0D 9=<DAC< hereunder written0 on ownership %asis and given %y
developer free of costs as and %y way of per#anent alternate acco##odation given %y
developer in the New Fuilding6s constructed on the Said 8roperty together with all incidental
rights of ownership along with the right of access and other reasona%le rights in co##on
areas to ena%le the Assignee68urchaser to %ene@cially use and en/oy the said new 9at
a%solutely and foreverJ

over to the Assignee68urchaser a notariLed copy of the original docu#ents with respect
to the said tenanted pre#ises , per#anent Alternative Acco##odation and also pertaining
to tenanted pre#ises ,


th

.%0 she has not transferred or assigned her %ene@ts& right& title and interest under the
th

.c0 she is o%liged to pay the rent and #unicipal ta-es paya%le in respect of the said
tenanted pre#ises to the Society as and when de#anded %y the Society, Furtherthe
pay#ent if any shall %e paid %y the Society and thereafter the sa#e was paid and #anaged
%y the SocietyJ


respect of the said New Flat in favour of the Assignee68urchaser,

th
Septe#%er 44I,


other outgoing charges with respect to said New Flat to the Society and respective service
provider,

receive the rents& issues and pro@ts thereof and of every part thereof to and for her own use
trust for her or any of her, 'he Assignee6'enant shall and to %eco#e #e#%er of the
Society and o%tain the Share Certi@cate in respect of the said new Flat, shareholder in the
newly constructed %uilding with right to receive the Share Certi@cate,


4, 'he Assignor 6'enant doth here%y covenant with the Assignee 6 8urchaser that the


Solicitors,

3 Cach party agree that if reEuired in furtherance to this agree#ent shall e-ecute such
registration oNce when called upon %y 8urchaser ,

3D , 'his Agree#ent is su%/ect to the e-clusive /urisdiction of Court at Mu#%ai,
DI , 'he 8er#anent Account Nu#%ers .8AN0 of the parties hereto are as follows2

Mrs. Di.ti #ira1 hah
Narhar De2e,o.ers P2t. &t).


:=< $IB9: 9=<DAC< 7!D#< B<$<BB<D :DH
(the said (roperty)

I3K .part0 of Mahi# Division and corresponding to C,',S, No,555555 %eing lying and situate at
Mu#%ai City )))& Mahi# in the Registration District Mu#%ai and Mu#%ai District %earing B
:ard No, D!>D .3a0& Street No, I situate lying and %eing at Fal Bovindas Road& Mu#%ai
I?? ?3",

:=< 9<D0D 9=<DAC< 7!D#< B<$<BB<D :DH

Flat %earing No, 55555 on the I
th
Floor or upper @rst 9oor ad#easuring !>? sE,ft, of New
Reha% Fuilding No, C=D standing on the Said 8roperty,

;B91 DI/:I #IB7J 9=7= 0

415 ;B1 #IB7J ;70=7BC7C 9=7= 0
425 ;B1 !=7B7: ;70=7BC7C 9=7= 0
435 ;B91 77!=7 !=7B7: 9=7= 0

07B=7B D<#<CD/<B /BI#7:< CI;I:<D 0
Mr, 555555555555555555 0
in presence ofU
B < < I / :


Pa( 'r)er /
Cheque No.
Date Drawn on
Amount
*Rs.+
!$6-" -#
th
August* $!!/
'ank of 'aroda
$*$*!!*!!!+,

"ota,
) SA7 RCCC)VCD

.D)8') V)RAJ SAAA0

:itnesses 2

,

3,
Name Photo-ra.h
&eft %an)
"hum. !m.ression
MR. D!P"! #!RA$ %A%



NAR%AR DE#E&'PER PR!#A"E
&!M!"ED

Mr. /////////////
Authori0e) Director

D7:<D :=I9 D7F D$ 2013

FC':CCN

;B91 DI/:I #IB7J 9=7=

AND

;B1 #IB7J ;70=7BC7C 9=7= N DB91
,, Con@r#ing 8arties

'+

07B=7B D<#<CD/<B /BI#7:< CI;I:<D
UAssignee68urchaser

A B R C C M C N '

7EB<<;<0:

'A)S 7EB<<;<0: #ade at Mu#%ai this 33
nd
day of July& 3??4 in the Christian 7ear 'wo
'housand and Nine,

!<:G<<0

;B91 DI/:I #IB7J 9=7=> adult& of Mu#%ai& )ndian )nha%itant residing at Shriniketan& "K=A&
the $IB9: /7B: J

70D

415 ;B1 #IB7J ;70=7BC7C 9=7=& hereinafter referred to as ;onOrming /arty 0o1
1<& 425 ;B1 !=7B7: ;70=7BC7C 9=7=& hereinafter referred to as ;onOrming /arty
0o1 2<& and 435 ;B91 77!=7 !=7B7: 9=7=& hereinafter referred to as ;onOrming
/arty 0o1 3< all of Mu#%ai& )ndian )nha%itants& all residing at Shriniketan& "K=A& Neta/i
Su%hash Road& Mu#%ai I?? ??3& hereinafter Con@r#ing 8arty No, & Con@r#ing 8arty No, 3
and Con@r#ing 8arty No, D %e collectively referred to as 6t+e onOrming /arties8 .which
/7B:J
70D

07B?7B D<#<CD/K and having its registered oNce at Bordhan Fuilding No ))& Dr,
8arekh Street& 8rarthana Sa#a/& Mu#%ai I?? ??I& hereinafter referred to 6t+e
the :=IBD /7B: 2

G = < B < 7 9H

8lot No, DI=F& '8S )))& Fal Bovindas Road& Dadar .:0& Mu#%ai I?? ?3" .hereinafter referred
to as ;t+e 9ociety<0 is the owner of and is seiLed and possessed of or otherwise well and
suNciently entitled to all that piece and parcel of land or ground ad#easuring >?II,>3 sE,
#eters %earing Survey No, I33 .part0 and I3K .part0 of Mahi# Division and C,',S, No,
555555Zp[ and Final 8lot No, DI=F of 'own 8lanning Sche#e& Mu#%ai City )))& Mahi# in the
situate lying and %eing at Fal Bovindas Road& Dadar .:0 Mu#%ai I?? ?3" .hereinafter
referred as ;t+e said 9tructures<0 and the said 8roperty along with the Structures is #ore
particularly descri%ed in the $IB9: 9=<DAC< hereunder written, 'he said 8roperty is
standing in the na#e of the Society in all the Revenue records including the 8roperty
Register CardJ

th
;7greement dated 27
t+
out thereinJ

%eca#e the #onthly tenants of the SocietyJ

th
te#porarily shift fro# her pre#ises ad#easuring !>? sE, ft, .%uilt area0 in patra shed
standing on the said 8roperty .hereinafter referred to as ;t+e tenanted *remises80 to a
te#porary alternate acco##odation provided %y the Society& the Society there%y agreed to
construct a new %uilding on the Said 8roperty in 8hase )) within a period of 3" #onths fro#
the date of the co##ence#ent of work in accordance with the plans and structures to %e
approved %y Municipal Corporation of Breater Mu#%ai .;t+e ;E;<0 and allot& grant and
handover the possession of a self contained 9at or tene#ent ad#easuring around !>? sE, ft,
%uilt up area in the new %uilding Zp3[ to the Assignor6'enant herein and the Assignor6'enant
wont %e lia%le to pay rent to the Society& .hereinafter referred to as ;t+e said ne. ,at< and
is #ore particularly descri%ed in the 9<D0D 9=<DAC< hereunder written0 on ownership
%asis and free of costs as and %y way of per#anent alternate acco##odation and on the
ter#s and conditions contained thereinJ

3>
th
thereafter re=house6 re=ha%ilitate the Assignor6'enant and all other the then e-isting tenants
of the Society in the new %uilding6s free of cost as and %y way of per#anent alternate
acco##odation and on the ter#s and conditions stated thereinJ

th
the plans sanctioned %y Municipal Corporation of Breater Mu#%ai .;the MCBM<0J for
o%taining 8er#anent Alternate Acco##odation& we are tenants,

on the said 8ropertyJ

A, Ppon co#pletion of construction of new %uilding co#prising of stilt& podiu# plus
seven upper 9oors on the said 8roperty& .hereinafter referred to as ;the New Fuilding<0& the
Society o%tained a part +ccupation Certi@cate dated
st
June 3??> %earing No, CF6I"K?6BN6A
in respect of the reha% %uilding :ing C=D constructed on the said 8roperty& however due to
so#e unavoida%le circu#stances& the Society has not yet handed over the possession of the
said new Flat to the Assignor6'enant till date, A copy of part +ccupation Certi@cate is
anne-ed hereto and #arked as 7nnexure 678J

th
Septe#%er 44I and said Agree#ent& in the said New
9at alongwith the right of the Assignor 6 'enant to get possession of the said New 9at
situated in the New Fuilding6s constructed on the said 8roperty fro# the Society free of costs
and on ownership %asis at or for the consideration and on the ter#s and conditions
hereinafter appearing,

:=< /7B:I<9 =<B<:D 79 A0D<BH


3, )n pursuance of the Agree#ent and in consideration of su# of Rs,3&3>&??&???6=
.Rupees 'wo Crores 'wenty Five (acs only0 paid %y the Assignee68urchaser to the
Assignor6'enant on or %efore the e-ecution of this Agree#ent .the pay#ent and receipt
whereof the Assignor6'enant doth here%y ad#it and acknowledge and of and fro# the sa#e
and every part thereof forever acEuit& release and discharge the Assignee68urchaser fro#
the pay#ent of the sa#e0& the Assignor6'enant doth here%y sell& transfer and assign unto
the Assignee68urchaser and the Assignee68urchaser doth here%y purchase and acEuire fro#
the Assignor6'enant all her %ene@ts and all the right& title and interest under the said
Agree#ent dated 3!
th
Septe#%er 44I and said Agree#ent & in the said New 9at alongwith
the right of the Assignor6'enant to get the possession of one self contained Flat ad#easuring
around !>? sE, ft, %uilt up area .hereinafter referred to as ; t+e 0e. $lat8 and is #ore
particularly descri%ed in the 9<D0D 9=<DAC< hereunder written0 on ownership %asis
and free of costs as and %y way of per#anent alternate acco##odation given %y developer
in the New Fuilding standing on the Said 8roperty together with all incidental rights of
ownership along with the right of access and other reasona%le rights in co##on areas to
ena%le the Assignee68urchaser to %ene@cially use and en/oy the said new 9at a%solutely and
forever,

over to the Assignee68urchaser a notariLed copy of the original docu#ents with respect to
the said tenanted pre#ises,


th

.%0 She has not transferred or assigned her %ene@ts& right& title and interest under the
th

.c0 She is o%liged to pay the rent and #unicipal ta-es paya%le in respect of the said
tenanted pre#ises to the Society as and when de#anded %y the Society, Further the
pay#ent if any shall %e paid %y the SocietyJ



respect of the said New Flat in favour of the Assignee68urchaserJ

th
Septe#%er 44I,


other outgoing charges with respect to said New Flat to the Society and respective Service
8rovider,

receive the rents& issues and pro@ts thereof and of every part thereof to and for its own use
trust for her, 'he Assignee68urchaser shall %eco#e #e#%er of the Society and o%tain the
Share Certi@cate in respect of the said new Flat in their own na#e,


4, 'he Assignor 6 'enant doth here%y covenant with the Assignee 6 8urchaser that the


Solicitors,

3, Cach party agree that if reEuired in furtherance to this agree#ent shall e-ecute such
registration oNce when called upon %y 8urchaser and the sta#p duty and registration
charges& if any on the sa#e shall always %e %orne and paid %y the Assignee68urchaser,

D, 'his Agree#ent is su%/ect to the e-clusive /urisdiction of Court at Mu#%ai,

I, 'he 8er#anent Account Nu#%ers .8AN0 of the parties hereto are as follows2
MR. D!P"! #!RA$ %A% ABDP3345P
MR. #!RA$ MAN%AR&A& %A% AB#P6678R
MR. B%ARA" MAN%AR&A& %A% A$9P756:D
MR. AAB%A B%ARA" %A% AEMP7;36>8N


:=< $IB9: 9=<DAC< 7!D#< B<$<BB<D :DH
(the said (roperty)

I3K .part0 of Mahi# Division and C,',S, No,555555 %eing lying and situate at Mu#%ai City )))&
Mahi# in the Registration District Mu#%ai and Mu#%ai District %earing B :ard No, D!>D
.3a0& Street No, I situate lying and %eing at Fal Bovindas Road& Dadar .:0& Mu#%ai I??
?3",

:=< 9<D0D 9=<DAC< 7!D#< B<$<BB<D :DH

Flat ad#easuring a%out !>? sE, ft, in New Fuilding to be constructed1

;B91 DI/:I #IB7J 9=7= 0

415 ;B1 #IB7J ;70=7BC7C 9=7= 0
425 ;B1 !=7B7: ;70=7BC7C 9=7= 0
435 ;B91 77!=7 !=7B7: 9=7= 0

07B?7B D<#<CD/<B /BI#7:< CI;I:<D 0
Mr, 5555555555555555555555555 0
in presence ofU

B < < I / :

Pa( 'r)er /
Cheque No.
Date Drawn on
Amount
*Rs.+
!$6-" -#
th
August* $!!/
'ank of 'aroda
$*$*!!*!!!+,
"ota, $*$*!!*!!!+,

) SA7 RCCC)VCD

.DI/:I #IB7J 9=7=0
Assignor6'enant

:itnesses 2

,

3,
Name Photo-ra.h &eft %an)
"hum. !m.ression
MR. D!P"! #!RA$ %A%

MR. #!RA$ MAN%AR&A&
%A%

MR. B%ARA" MAN%AR&A&
%A%

NAR=AR DE#E&'PER
PR!#A"E &!M!"ED

Mr. /////////////
Authori0e) Director

VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV D7:<D :=I9 D7F
D$ 200) VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV

FC':CCN

;B91 DI/:I #IB7J 9=7=

AND

;B1 #IB7J ;70=7BC7C 9=7= N DB91
,,,, Con@r#ing 8arties

'+

07B?7B D<#<CD/<B /BI#7:< CI;I:<D
UAssignee68urchaser

A B R C C M C N '

Zp[8lease provide the C'S No,
Zp3[:hy is this deleted\ 8rovide us the details of new pre#ises,

4 $!-" 5icrosoft
0erms
Privacy
6evelopers
7nglish 89nited States:

'A)S 7EB<<;<0: is #ade at Mu#%ai this 55555 day of 555555555555555 3??> %etween ;J91
7:I:=I D<#<CD/<B9& a partnership @r# registered under the provisions of )ndian
8artnership Act& 4D3 and carrying on %usiness fro# ID6& 'a#arind (ane& Ra/a%ahadur
Fuilding& Fort& Mu#%ai I?? ?? hereinafter called ;:=< DG0<B98 .which e-pression shall
unless it %e repugnant to the conte-t or #eaning thereof %e dee#ed to #ean and include&
the partners or partner constituting the said @r# and the partners fro# ti#e to ti#e and
survivors or survivor of the# and heirs& e-ecutors& ad#inistrators and assigns of the last
surviving partner0 of the +ne 8art and 555555555555555555555555555555555555
555555555555555555555555555 also of Mu#%ai& )ndian )nha%itant& residing at Flat No, 5555&
Mu#ku#& 5555 9oor& ?>& Sewree :adala Road No, 4& opp, P,D,C,',& :adala& Mu#%ai I??
?D& hereinafter called 6:=< :<070:8 .which e-pression shall unless it %e repugnant to
the conte-t or
#eaning thereof #ean and include his6her heirs& e-ecutors and ad#inistrators0 of the +ther
8art2

G=<B<79H

A, 'he +wners are /ointly seiLed and possessed of or otherwise well and suNciently
entitled to all that the #unicipal leasehold land %earing 8lot No, ?> .North0 of Sewree=
:adala Cstate of the Municipal Corporation of Frihan Mu#%ai0 together with the %uilding
co#prising of ground and three upper 9oors and two closed #otor garages known as
;Mu#ku#< standing thereon and #ore particularly descri%ed in the Schedule hereunder
written .which land and %uilding together with the other structures standing thereon are
hereinafter collectively referred to as ;the said property<0 and also the %ene@t of an
)ndenture of (ease dated D
th
January& 4K? registered with the Su%=Registrar of
Assurances at Fo#%ay under Serial No, F+M6"I3 at 8ages 3K to DI of Volu#e DII of
Additional Fook No, ) on >
th
Dece#%er& 4K? and e-ecuted in Mu#%ai in respect of the said
property & su%/ect to the occupation of the several pre#ises in the said property %y #onthly
tenants,

F, 'he said e-isting %uilding is a cessed property speci@ed in section "I of the
Maharashtra Act No, QQV)) of 44! and is fairly old and is in need of urgent repairs& all the
tene#ents in the e-isting %uilding are let out to said occupied %y #onthly tenants,

C, 'he 'enant herein is the #onthly tenant in respect of Flat No, 555 ad#easuring 5555
sE, ft, i,e, 5555555 sE, #trs, carpet area .inclusive of area6s of %alcony6ies as ascertained on
/oint #easure#ent %y the 'enant and the +wners0 on the 5555 9oor of the e-isting %uilding
;Mu#ku#< .which pre#ises are hereinafter %rie9y referred to as ;the said e-isting
tene#ent<0 paying therefore to the +wners& total #onthly rent of Rs,55555555556= .Rupees
5555555555555555555 only0& which is inclusive of #unicipal and other ta-es& charges, Copies of
rent receipts& ration card and voters card of the 'enant are anne-ed hereto and #arked as
Anne-ure ;A<& ;F< and ;C<& respectively,

D, 'he +wners desire to e-ploit the potential of the said property where%y they intend
to de#olish the e-isting %uilding with the consent of the tenants6 occupants on the said
property and put up a new %uilding at the site thereof %y utiliLing the availa%le Floor Space
)nde- per#issi%le under the Develop#ent Control Regulations 44 applica%le to Breater
Mu#%ai and grant in such new %uilding to the e-isting tenants a per#anent alternate
acco##odation of agreed area on ;ownership< %asis in lieu of the tenants surrendering
his6her tenancy rights in respect of the e-isting tene#ent and on other speci@ed ter#s and
conditionsJ

C, 'he +wners propose to de#olish the e-isting %uilding after shifting all the
tenants6occupants therein to so#e te#porary alternate acco##odation .transit
acco##odation0 to %e arranged for %y the 'enant hi#self6herself %ut at the costs and
e-penses of the +wners in the #anner herein and thereafter construct a new %uilding at the
site thereof with additional area as provided under the Develop#ent Control Regulations&
44 and grant in such new %uilding to the e-isting tenants6occupants per#anent alternate
acco##odation each of eEuivalent area on ;ownership< %asis on certain speci@ed ter# and
conditionsJ

F, At the reEuest of the +wners& the 'enant herein has agreed to co=operate with the
+wners in such proposed redevelop#ent of the said property,

B, 'he parties hereto are now desirous of recording the said agree#ent arrived at
%etween the#,

N+: 'A)S ABRCCMCN' :)'NCSSC'A and the parties hereto agree record and con@r# as
follows 2
, 'he +wners declare and state that2

.a0 the facts set forth in the recitals herein are su%stantially true and correctJ

.%0 the hereina%ove #entioned )ndenture of (ease of the said property dated
D
th
January& 4K? granted %y the Municipal Corporation of Frihan Mu#%ai is still valid and
su%sisting and the sa#e has not %een deter#ined& ter#inated& cancelled or surrenderedJ

.c0 the +wners are the only present owners of the said propertyJ

.d0 there are& as on date& no pending litigations or other proceedings of concerning or
aTecting the said propertyJ

.e0 there is no attach#ent %efore or after /udge#ent levied on the said property %y and
Court or other authority& and the +wners are not restrained or prevented %y the co#petent
Court or authority fro# entering into any agree#ent with the tenants in the said property& as
appearing herein& and6or fro# redeveloping the sa#e& andJ

.f0 the +wnersG title to the said leasehold property is clear and #arketa%le and free
fro# all encu#%rances and clai#s,

3, )n consideration of the +wners agreeing and covenanting with the 'enant in ter#s as
hereinafter provided& the 'enant here%y agrees to fully cooperate with the +wners in the
proposed redevelop#ent of the said property and for the said purpose to 2

.a0 #ake& sign and e-ecute any letter of ;No +%/ection< or consent or other deed
agree#ent or writing as #ay %e reEuired to %e su%#itted to the Municipal Corporation of
Frihan Mu#%ai& MAADA& FAADA or any other authority for the proposed redevelop#ent of
the said property andJ

.%0 at the ti#e hereinafter speci@ed& vacate the e-isting tene#ent and hand over vacant
and peaceful possession of the sa#e to the +wners for redevelop#ent %y shifting
hi#self6herself and his6her fa#ily #e#%ers to a te#porary transit acco##odation & to %e
arranged for %y hi#self6herself %ut at the cost and e-penses of the +wners to the e-tent
provided in Clause D.e0 hereunder,

D, 8ursuant to the aforesaid ter#s and conditions& the +wners here%y agree and
covenant with the 'enant that 2

.a0 'hey shall at their own costs and e-penses and through their own eTorts o%tain as
early as possi%le fro# the Fo#%ay Aousing and Area Develop#ent Foard& a Pnit of the
Maharashtra Aousing R Area Develop#ent Authority& the Municipal Corporation of Frihan
Mu#%ai& the Co#petent Authority appointed under the Pr%an (and .Ceiling R Regulation0
Act& 4!K and other authorities concerned the necessary No +%/ection Certi@cate and6or
sanction for de#olition of the e-isting %uilding and construction of a new %uilding at the site
thereof& the#selves %earing and paying all fees& deposits& develop#ent charges& e-tra water
and sewerage charges& penalties& @nes& pre#ia& if any& paya%le for the purpose and the
entire construction cost of such new %uilding,

.%0 'hey will #ake and e-ecute with all other tenants in the e-isting %uilding also an
Agree#ent each to facilitate the proposed redevelop#ent of the said property as
conte#plated hereunder,

.c0 'hey will get the necessary %uilding plans for the construction of the proposed new
%uilding on the said plot sanctioned fro# the concerned authorities as early as possi%le
providing therein on the 555 9oor thereof a residential 9at of an area eEuivalent to the area
of the said e-isting tene#ents ad#easuring 555555555 sE, ft, i,e, 5555555 sE, #trs, or
therea%outs carpet area .inclusive of the area6s of %alcony6ies0 free of cost to %e granted to
the 'enant as per#anent alternate acco##odation .hereinafter referred to as ;the said new
9at<0 in lieu of the 'enant surrendering his6her tenancy in respect of the said e-isting
tene#ent as shown in the tentative 9oor pan anne-ed hereto and #arked Anne-ure ;D<
#aking therein such #ini#u# changes as are necessary or reEuired %y MAADA6the
Municipal Corporation of Frihan Mu#%ai in accordance with the Municipal Corporation of
Frihan Mu#%ai in accordance with the Municipal Fye=laws Rules and Regulation,

.d0 'hey will %e entitled to revise and6or a#end the sanctioned %uilding plans without in
any #anner su%stantially aTecting the said new 9at agreed to %e granted to the 'enant& in
the event of the +wners desiring to eTect any such su%stantial change in the said new 9at&
they shall do so with the written consent of the 'enant,

.e0 Pntil handing over of possession of the said new 9at agreed to %e granted to the
'enantJ they will pay to the 'enant& in advance& a su# of Rs,555555556= .Rupees
55555555555555555 only0 per #onth calculated 1 Rs,D?6= per sE, ft, of the carpet area of the
said e-isting tene#ent& for a period of " #onths fro# the date of the 'enant vacating the
e-isting tene#ent and covering the entire period of redevelop#ent of the said property and
until handing over of possession of the said new 9at agreed to %e granted to the 'enant,
'he 'enant shall& on %eing oTered possession of the said new 9at pay over6refund to the
+wners& the su#s in e-cess paid to hi#6her %y the +wners on account of such te#porary
transit acco##odation on the +wners oTering to the 'enant such a#ount of co#pensation
after o%taining sanction of the %uilding plans and the )+D for the proposed redevelop#ent&
the 'enant shall within D? days thereof vacate and hand over vacant and peaceful
possession of the e-isting tene#ent to the +wners for de#olition and redevelop#entJ the
'enant shall hi#self6herself %ear and pay the charges for electricity and water consu#ed in
the transit acco##odationJ and

.f0 when all the tenants in the said %uilding have vacated and handed over vacant
possession of their respective tene#ents to the +wners& the +wners shall de#olish the
e-isting %uilding and construct a new %uilding at the site thereof according to the sanctioned
%uilding plans providing therein a#enities& services& facilities& @-tures and @ttings as set out
in Anne-ure ;C< hereto& and co#plete the construction of such new %uilding or at least of
the portion thereof wherein the said new 9at agreed to %e granted to the e-isting tenants
are located& co#plete in all respects& and o%tain for the sa#e the 8art +ccupation Certi@cate
latest within " .eighteen0 #onths of the 'enant and all other tenants vacating the e-isting
tene#ent or the +wners o%taining the reEuisite Co##ence#ent Certi@cate for the proposed
new construction fro# the Municipal Corporation of Frihan Mu#%ai& whichever is later& and
hand over possession of the said new 9at agreed to %e granted to the# to hold the sa#e
on what is popularly known as ;ownership %asis< and on ter#s as herein provided,

I, 'he 'enant has represented to and covenanted with the +wners that 2

.a0 the 'enant alone is e-clusively and a%solutely entitled to the #onthly tenancy of the
e-isting tene#ent and no one else has any clai#& de#and& share& right& title or interest to or
in the sa#e and therefore to the %ene@t of or the right to grant and allot#ent of the said
new 9at in the proposed new %uilding agreed to %e granted to the 'enant is provided hereinJ

.%0 if any clai# is #ade %y anyone clai#ing %y under or through hi#6her to the said
e-isting tene#ent and therefore to the said new 9at agreed to %e granted to the 'enant in
lieu and stead thereof in the proposed new %uilding& he6she will keep the +wners and all
persons clai#ing %y under or through the# inde#ni@ed of fro# and against any such clai#s
and de#ands of such clai#ant6s and also fro# and against all costs charges and e-penses&
if any& which the +wners #ay incur in the event of any such clai#ant6s adopting proceeding
or taking steps to enforce his6her clai# as aforesaid,

.c0 the 'enant has not %een prohi%ited fro# dealing with& disposing of& entering into this
Agree#ent in respect of the e-isting tene#ent or any part thereof %y )nco#e 'a- or any
other AuthorityJ

.d0 the 'enant has not created any encu#%rance& #ortgage& lien& ease#ent& lease& leave
and licence& assign#ent or any third party right into over or upon the e-isting tene#ent or
any part thereof nor is the e-isting tene#ent the su%/ect #atter of any dispute& suit or
proceeding or attach#ent %efore or after /udge#ent and the e-isting tene#ent is not
su%/ect to any lispendenceJ

.e0 the 'enant has not entered into any agree#ent for sale& #ortgage& su%=tenancy& gift
or otherwise howsoever in respect of the e-isting tene#ent or of any part thereof in favour
of any person6s& and has not entered into any co##it#ent with any person in any #anner
howsoever concerning or aTecting the e-isting tene#entJ

.f0 he6she will not transfer or assign his6her tenancy rights in respect of the said
e-isting tene#ent or under the Agree#ent herein and6or create third party right of
whatsoever nature in respect of the e-isting tene#ent and6or the said new 9at to any
person6s till the said new 9at is co#pleted and handed over to hi#6her %y the +wnersJ and

.g0 he6she and all persons clai#ing under or through hi#6her will fully co=operate with
the +wners in redeveloping the said property as conte#plated hereunder in ter#s as herein
provided,

>, )t is agreed %etween the parties hereto that this Agree#ent is su%/ect to and
contingent upon the +wners %eing a%le to get the No +%/ection Certi@cate fro#
FAADA6MAADA and sanctioned %uilding plans fro# the Municipal Corporation of Frihan
Mu#%ai and the relevant )+D and if for any reason whatsoever& such No +%/ection
Certi@cate and6or )+D is6are not received& the +wners shall %e at li%erty to cancel the
agree#ent herein %y giving D? days written notice in that regard to the 'enant& and neither
party shall thereafter have any clai# against the other arising out of the e-ecution of these
presents,

C,ient to confirm
K, )f the +wners delay in oTering possession of the per#anent alternate
acco##odation pre#ises agreed to %e granted to the 'enant %eyond the period of "
#onths stipulated in Clause D .f0 thereof& without reasona%le cause& the +wners shall pay to
the 'enant a su# of Rs,D>?6= .Rupees 'hree Aundred Fifty only0 for every day of
delay6defaults as and %y way of co#pensation for the inconvenience caused to the 'enant
%y such delay, )t is however agreed and understood %etween the parties hereto that while
calculating the said period of " #onths& any ti#e lost on account of @re& earthEuake& 9ood&
war& act of Bod& orders of restraint or in/unction passed %y any court or other co#petent
authority or any other force #a/eure conditions %eyond the control of the +wners shall %e
e-cluded, Si#ilarly& if the 'enant fails to vacate and hand over vacant possession of the
e-isting tene#ent to the +wners within the period of K? days stipulated in Clause D.e0
hereof& the 'enant shall pay to the +wners a su# of Rs,D>?6= .Rupees 'hree Aundred Fifty
only0 for every day of delay6default as and %y way of co#pensation for the inconvenience
caused to the +wners %y such delay,

!, )t is further agreed %etween the parties hereto that 2

.a0 the 'enant #ay %efore shifting fro# the said e-isting tene#ent re#ove all @-tures
and @ttings provided %y hi#6her therein& save and e-cept for the doors and windows
provided in the said e-isting tene#entJ

.%0 the 'enant shall shift fro# the said e-isting tene#ent only 2

.i0 when all necessary sanctions and per#issions reEuired for de#olishing the e-isting
%uilding and )+D for the proposed new %uilding has %een o%tained& and

.ii0 he6she has %een paid the #onies6co#pensation for acEuiring the te#porary transit
acco##odation as agreed under Clause D.f0 hereof&

.c0 the +wners shall upon the tenants vacating their respective tene#ents in the said
e-isting %uilding& %e entitled to de#olish the sa#e and they shall i##ediately thereafter& on
receipt of the Co##ence#ent Certi@cate diligently proceed with the construction of the new
%uilding and co#plete the sa#e or at least so #uch thereof as is reEuired to provide the
per#anent alternate acco##odation to the 'enant herein& co#plete in all respects&
according to the sanctioned %uilding plans and o%tain the +ccupation68art +ccupation
Certi@cate for the sa#e and oTer possession of the per#anent alternate acco##odation
pre#ises agreed to %e granted to the 'enant within " .eighteen0 #onths of the 'enant
vacating the said e-isting tene#ent or within " .eighteen0 #onths of the receipt of the
reEuisite Co##ence#ent Certi@cate fro# the Municipal Corporation of Frihan Mu#%ai for
the proposed new construction& whichever is laterJ it is& however& agreed and understood
%etween the parties hereto that while calculating the said period of " #onths& any ti#e lost
on account of @re& earthEuake& 9ood& war& or any other natural cala#ities or acts of Bod or
any other force #a/eure conditions& causes %eyond the control of the +wners or on account
of non=availa%ility of steel& ce#ent and %uilding #aterial and grant of necessary electric and
water connection or supply thereof and6or Bovern#ent restrictions and6or any notice& rule&
order& noti@cation of the Bovern#ent and6or any other pu%lic or co#petent authority or non=
co=operation or resistance %y any tenant6occupant of the e-isting %uilding shall %e e-cludedJ
it is further agreed and understood %etween the parties hereto that the parties #ay %y
#utual consent reduced to writing e-tend the aforesaid period of " .eighteen0 #onths&

.d0 the 'enant shall continue to pay the #onthly rent of Rs, 55555555556= .Rupees
5555555555555555555 only0 %eing paid %y hi#6her in respect of the said e-isting tene#ent to
the +wners for the entire period of redevelop#ent and till handing over of possession of
the said new 9at agreed to %e granted to hi#6her %y the +wners&

.e0 the +wners shall grant to the 'enant the said new 9at as aforesaid on ;ownership<
%asis to hold the sa#e as the a%solute owner thereof&

.f0 the area of the said new 9at agreed to %e allotted to the 'enant shall %e inclusive of
the areas of passages& %alconies& servantGs toilet& ducts& etc, .which are free of FS)0 %ut shall
not include the areas co#prised in staircase& lift lo%%ies& terrace areas& entrance and other
co##on passages& etc, and the sa#e will %e laid out %y the +wners entirely at their own
costs and e-penses&

.g0 the +wners shall construct the proposed new %uilding according to the sanctioned
%uilding plans and the #unicipal %ye=laws& Rules and Regulations and the Develop#ent
Control Regulations applica%le in that %ehalf&

.h0 the entire cost of redevelop#ent of the said property and the one ti#e
pre#iu#6ground rent paya%le in respect of the sa#e shall %e %orne and paid %y the +wners
alone and the 'enant shall not %e reEuired to %ear and any part of the sa#e&

.i0 the +wners shall reserve for the 'enant the said new 9at agreed to %e granted to
hi#6her and not enter into any co##it#ent or transaction whatsoever of or concerning the
sa#e or create any third party rights therein& or per#it anyone else to occupy the sa#e or
acEuire any rights with resect thereto&

./0 'he lia%ility of the +wners to pay #onthly co#pensation to the 'enant for transit
acco##odation shall cease on e-piry of D? days fro# the date of the +wners oTering
possession of the said new 9at to the 'enant or on the 'enant shifting to the said new 9at&
which ever is earlier&

.k0 in the event of the 'enant willfully refusing6failing to shift to the said new 9at agreed
to %e granted to hi#6her %y the +wners and persisting in such default for a period of si-
#onths fro# the date of the +wners inti#ating the 'enant that the said new 9at is ready&
the 'enant shall& in such event& lose and6or forfeit all his6her rights under the Agree#ent
herein including the rights to receive the said new 9at and the +wners shall then %e free to
deal with and dispose of the sa#e to any person of their choice&

.l0 the +wners shall not reEuire the 'enant to shift to the said new 9at unless and until
they have 2

.i0 co#pleted the construction of the said new 9at agreed to %e granted to the 'enant
with all a#enities services @-tures and @ttings as agreed& and

.ii0 o%tained the +ccupation68art=+ccupation Certi@cate for the sa#e and oTered
possession thereof to the 'enant&

.#0 the 'enant shall #ake sign and e-ecute all necessary letters& declarations&
undertakings and other writings in the for#at as prescri%ed %y the relevant Authority and
also furnish all necessary docu#ents such as rent=receipt& ration card& electricity %ill&
photographs or any other docu#ent as #ay %e reEuired %y the +wners to %e su%#itted to
the Municipal Corporation of Frihan Mu#%ai& MAADA& FAADA and other authorities for the
proposed redevelop#ent of the said property as per#itted under the Develop#ent Control
Regulations& 44 and shall also& if reEuired& present hi#self6herself %efore the concerned
authorities,

.n0 this agree#ent %etween the parties shall %e treated as ;no o%/ection< and6or
;irrevoca%le consent< of the 'enant for the redevelop#ent of the said property and
accordingly the +wners shall %e entitled to produce this Agree#ent %efore all concerned
authorities,

.o0 the tenancy of the 'enant shall auto#atically stand surrendered upon the +wners
oTering possession of the said new 9at without reEuiring any further6other writing or act and
that the 'enant shall not %e entitled to clai# tenancy rights in the proposed new %uilding or
any part thereof of whatsoever nature against the +wners and further agrees to inde#nify
and keep inde#ni@ed the +wners against the sa#e,

", +n the +wners oTering to the 'enant possession of the said new 9at agreed to %e
granted to hi#6her& the 'enant shall thereafter hold the sa#e as the owner thereof as if
he6she had acEuired the sa#e on HownershipG %asis fro# the +wners in confor#ity with the
provisions with the provisions of the Maharashtra +wnership Flats Act& 4KD, )n that event&
he6she shall 2

.a0 thereafter hold occupy possess and en/oy the said new 9at as the owner thereofJ

.%0 %e entitled to sell and dispose of the said new 9at to any person of his6her choice at
any ti#e %ut after o%taining the prior written consent of the +wners provided further that
the 'enant has paid the rents& #onies and6or su#s paya%le under these presents and has
not co##itted any %reach of the ter#s and conditions of this Agree#ent in that regard
. such consent not to %e unreasona%ly withheld0J Aowever& if %y such ti#e any Co=operative
Society has got registered in respect of the said property& such transfer shall %e on such
ter#s and conditions as such Society #ay prescri%e including as to pay#ent of transfer
charges& etc,&

.c0 Not %e lia%le to pay thereafter to the +wners or anyone else acting on %ehalf of the
+wners any rent in respect of the said pre#ises&

.d0 pay the #onthly contri%ution in respect of the said new 9at occupied %y hi#6her to
the +wners& or to the Co=operative Society #anaging the said property& co#prising of the
actual #unicipal ta-es paya%le in respect of such pre#ises and a proportionate share of all
other outgoings as #ay %e @-ed fro# ti#e to ti#e %y the +wners or the person in charge
and #anage#ent of the said new %uilding and6or such Society and as #ay %e charged to
other pre#ises purchasers in the said new %uilding&

.e0 on taking possession of the said new 9at& deposit with the +wners su#s si#ilar to
those which the +wners would %e collecting fro# other pre#ises=purchasers in the said new
%uilding including towards entrance fee& share application #oney& security deposit for water
and electricity connections and the proportionate shares in the cost of for#ation of the
proposed Co=operative Society6(i#ited Co#pany and the costs& charges and e-penses of
conveying6assigning the said property in favour of such Co=operative Society6(i#ited
Co#pany .in respect whereof the +wners shall in due course render a consolidated account
to the Co=operative Aousing Society or any other Association of the Flat 8urchaser&

.f0 alongwith the acEuirers of the pre#ises in the said new %uilding for# and get
registered in respect of the said property a Co=operative Society or other Co##on
+rganisation co#prising of such pre#ises=purchasers and enroll hi#self6herself as a
#e#%er thereof in respect of hi6her pre#ises& and

.g0 %ear and pay a prior proportion of the actual costs charges and e-penses which #ay
%e incurred for registration of the Co=operative Society6Co##on +rganisation and for
transfer of the said property to such Co=operative Society6Co##on +rganisation,

4, )t is further agreed %etween the parties hereto that 2

.a0 the +wners shall provide in the said %uilding6 the said new 9at a#enities @-tures
@ttings things and other conveniences as %rie9y descri%ed in Anne-ure ;C< hereto&

.%0 the 'enant shall& in addition to the said new 9at agreed to %e allotted to hi#6her %e
entitled to the per#issive use and en/oy#ent of the co##on areas and the li#ited co##on
areas as set out in Anne-ure ;F< hereto&

.c0 the +wners shall %e at li%erty and entitled to co#plete any wing6part6portion69oor of
the said %uilding and apply for and o%tain part=+ccupation Certi@cate therefor and give
possession thereof to the allottees6acEuirers of such pre#ises& and the 'enant herein shall
not o%/ect to the sa#eJ in such event& however& if the 'enant takes possession of the said
new 9at in such part=co#pleted wing6part6portion69oor and the re#aining work is carried on
%y the +wners or their agents or contractors& the 'enant will not o%struct or o%/ect to the
carrying on of such works even if the sa#e shall cause any nuisance or annoyance to
hi#6her&

.d0 the set=%ack terrace of any 9oor of the said %uilding #ay %e sold %y the +wners on
HownershipG %asis and the sa#e shall %elong e-clusively to the acEuirer of the ad/oining 9at&
and shall %e used %y hi#6her e-clusively without any interference fro# the Co##on
+rganisation of pre#ises=purchasers or other occupants in the said %uilding&

.e0 the +wners shall for# and register a Co##on +rganisation or Co=operative Society
of owners6occupants of 9ats in the proposed new %uilding after all the 9ats6pre#ises in the
proposed new %uilding have %een allotted6sold&

.f0 nothing contained in this agree#ent is intended to %e nor shall %e construed to %e a
grant& de#ise or assign#ent of law of the said new 9at or of the said property or %uilding or
any part thereof& such confer#ent to take place only on such transfer of the said property to
the Co=operative Society which shall %e the no#inee of the allottee6acEuirers of all pre#ises
in the said %uilding& %y a regular Assign#entJ the 'enant shall have no clai# save and
e-cept to the said new 9at here%y agreed to %e allotted to hi#6her& and all open spaces&
parking spaces& lo%%ies& staircases& terraces& recreation spaces& etc, shall re#ain the
property of the +wners until the said property and the %uilding are transferred %y the the
+wners to the Society as herein%efore #entioned&
.g0 the 'enant shall& irrespective of whether he6she has actually taken possession of the
said new 9at or not co##encing a week after written notice is given to hi#6her %y the
+wners that his6her pre#ises are ready for occupation& pay to the +wners 6Society&
contri%ution towards the outgoings of the said new 9at at the provisional rate as inti#ated
%y the +wners or the Society to #eet the e-penses in respect of the said new 9at on
account of #unicipal and other ta-es and levies& water charges& insurance pre#ia& co##on
electricity charges& repairs& salaries of clerks& %ill collectors& chowkidars and sweepers and
on other accounts incidental to the #anage#ent and #aintenance of the said new proposed
%uilding and propertyJ such contri%ution shall %e paid %y the 'enant on or %efore the >
th
day
of each #onth in advance to the +wners or to the Society& if such Society is #anaging the
said propertyJ the +wners shall& if they collect such a#ounts& fro# and out of such
contri%utions pay the co##on e-penses in respect of the said property& and on transfer of
the said property to the Society& render to it a consolidated account of the total a#ount
collected fro# all allottees6acEuirers of pre#ises in the said %uilding and of the total a#ount
spent out of the sa#e& and pay over the e-cess or recover the de@cit as the case #ay %e
to6fro# the Society&

.h0 the +wners shall not& if they have collected any contri%ution fro# the 'enant& render
to the 'enant any separate account of the collections #ade fro# hi#6her and6or of the
e-penses incurred in respect of the said new 9atJ the rendition of the consolidated account
to the Society and settle#ent of such account shall discharge the +wners of their
responsi%ility to refund the e-cess& if any& out of such collections #ade fro# one or #ore of
the pre#ises purchasers and6or of recovering the de@cit& if any& fro# one or #ore of the#&
the allottees6 acEuirers of pre#ises in the said new %uilding as #e#%ers of the Society shall
#ake up and ad/ust a#ongst the#selves their respective accounts& the 'enant shall not
#ake any grievance or take any o%/ection to the consolidation of all receipts and e-penses
in respect of the diTerent pre#ises in the said new %uilding as aforesaid&

.i0 the 'enant shall %efore taking possession of the said new 9at deposit with the
+wners the following a#ounts .which shall not %ear interest0 viL,&

.i0 Rs,D>?6= .Rupees 'hree Aundred Fifty only0 as share #oney and entrance fee for
#e#%ership in the Co=operative Society to %e for#ed of all pre#ises purchasers in the
proposed new %uildingJ

.ii0 Rs, 5555555555556= .Rupees 555555555555555555555555 555555555555555555555 only0 as
provisional deposit towards his6her share6contri%ution to the Municipal 'a-es& :ater Charges&
and the Maintenance Charges of the new tene#ent agreed to %e allotted to the 'enant& till
the Co=operative Aousing Society or other Association of pre#ises purchasers is for#ed and
registered %eing calculated provisionally for 3 #onthsJ

.iii0 Deposit as #ay %e reEuired %y F,C,S,', or other electric supply Co#pany as deposit
for electric #eter to %e @-ed for the new tene#entJ

.iv0 Rs,55555555555 6= .Rupees 5555555555555555555 5555555555555 only0 towards security
deposit for water and electric connections& and

.v0 'he #onthly contri%utions .every #onth0 towards the accruing outgoings of the said
per#anent alternate acco##odation pre#ises as #ay %e @-ed %y the Ad=hoc Co##ittee of
pre#ises=purchasers in the said Fuilding or the +wners or the Co=operative Society6Co##on
+rgnisation got registered in respect of the said property,

./0 the 'enant shall& after grant of the per#anent alternate acco##odation pre#ises&
%ear and pay a proper proportion of the dues& duties& i#positions& outgoings and other
%urdens of any nature and kind whatsoever at any ti#e hereafter i#posed upon the said
property and6or the said %uilding and6or upon the allottees6 owners or %uyers of pre#ises
therein %y any authority including the Municipal Corporation of Frihan Mu#%ai& revenue
authorities& etc, in respect of the said entire %uilding or the said new 9at including on
account of the user thereof& and

.k0 if any charges are paya%le to the +Ncer of the Assistant Co##issioner .Cstates0&
Municipal Corporation of Frihan Mu#%ai on account of or incidental to per#itting transfer of
the said property and assign#ent of the lease=hold rights in respect thereof to the Co=
operative Society of purchasers6 allottees of pre#ises& the sa#e shall %e %orne and paid %y
the 'enant6allottees6acEuirers of pre#ises in the new %uilding alone in proportion to the area
of their respective pre#ises in the new %uilding,

?, 'he na#e of the proposed new %uilding %e kept %y the +wners as they dee# @t and
proper and the 'enant herein or the other allottees6purchasers of pre#ises in the said
%uilding or the Society shall not change the sa#e,

, 'he 'enant here%y agrees and undertakes that upon handing over possession of the
said new 9at& the 'enant shall sign and e-ecute the usual agree#ent as provided under the
Maharashtra +wnership Flats .Rules R Regulation0 Act& 4KD and the 'enant here%y agrees
to %eco#e a #e#%er of the Co=operative Aousing Society or of any other Association
for#ed of the 9at purchaser and6or the 'enant, 'he 'enant shall a%ide %y the %ye=laws& rules
and regulations fra#ed and6or adopted %y the Society fro# ti#e to ti#e,

3, 'his Agree#ent is su%/ect to the provisions of the MAADA Act and the Rules fra#ed
thereunder,

D, )t is further agreed %etween the parties hereto that irrespective of whether or not the
'enant takes possession of the said new 9at agreed to %e granted to hi#6her& the 'enant
shall %e lia%le to pay the rent of and the #unicipal ta-es and other outgoings& as the case
#ay %e& in respect thereof to the +wners for the period fro# the date on which the +wners
oTer possession thereof to the 'enant,

I, )t is further agreed %etween the parties hereto that the clai# of the 'enant against
the +wners shall %e li#ited to the said new 9at agreed to %e granted to hi#6her in the
proposed new %uilding and the %ene@t6right to use6avail of the co##on facilities6areas
therein and he6she shall have no clai# or de#and to or share in any additional construction
and6or other rights and %ene@ts including any rights %y way of 'ransfera%le Develop#ent
Rights& if and when the sa#e are #ade availa%le and that #ay at any ti#e %eco#e availa%le
on the said property on any %asis whatsoever upto the date of transfer and assign#ent of
the said property in favour of the Co=operative Society of pre#ises=purchasers in the said
%uilding,

>, 'he 'enant shall %ear and pay the sta#p duty and registration charges paya%le on
this Agree#ent and6or all writings6docu#ents in pursuance thereof,

K, 'he 'enant here%y e-pressly declares and con@r#s that he6she has e-ecuted these
presents on his6her own free will and accord and without any coercion or undue in9uence of
whatsoever nature or act upon hi#6her,

)N :)'NCS :ACRC+F the parties hereto have signed and delivered these presents hereto at
Mu#%ai the day and year @rst hereina%ove written,

:=< 9=<DAC< D$ :=< /BD/<B:F 7!D#< B<$<BB<D :DH
($ein# a description of the land and $%ildin# in 'hich the premises formin# the s%$.ect
matter of these presents is sit%ate)

A(( 'AA' piece or parcel of land or perpetual leasehold land ground and #essuages with
tene#ents and dwelling houses known as ;Mu#=Mu#< standing thereon situate lying at
%eing at 8lot No,?> .North0 of Sewree=:adala Cstate Sche#e No, >! of the Municipal
Corporation of Breater Mu#%ai in the City and )sland and Su%=Registration District of
Mu#%ai ad#easuring !>> sE, yds, i,e, KD,3! sE, #trs, or therea%outs and %earing
Cadastral Survey No,KKI of Matunga Division and in the %ooks of the Collector of Municipal
Rates and 'a-es under F=:ard No, I!"I.I0 and Street No, 3?3>=C and %ounded as under2

+n or towards North 2 Fy 8u%lic RoadJ

+n or towards South 2 Fy 8lot No, ?K of Sewree :adala Cstate Sche#e No, >!
of Municipal Corporation of Breater Mu#%ai,

+n or towards Cast 2 Fy 8lot No, ?I of Sewree :adala Cstate Sche#e No, >!
of Municipal Corporation of Breater Mu#%aiJ
+n or towards :est 2 Fy 8u%lic Road

withinna#ed +wners 0
;J91 7:I:=I D<#<CD/<B9 0
through its Consistuted Attorney 0
;B1 B7J70 ?7;D7B 0

S)BNCD and DC()VCRCD %y the 0
withinna#ed 'CNAN' 0
55555555555555555555555555 0
in the presence of U, 0

CI9: D$ 700<@AB<9

ANNCQPRC ;A< Copy of rent receipt
ANNCQPRC ;F< Copy of the Ration Card
ANNCQPRC ;C< Copy of the Voters Card
ANNCQPRC ;D< 'entative 8lan of the said new 9at
ANNCQPRC ;C< (ist of A#enities Fi-tures and Fittings
ANNCQPRC ;F< (ist of Co##on Areas and (i#ited Co##on Areas
ANNCQPRC ;C<

o Fuilding will %e R,C,C, fra#ed structure& seis#ic with 4< thick ce#ent concrete solid
%ricks or %ricks #asonry in e-ternal walls and I,>< thick %rick partition walls,

o 8linth level of the %uilding should %e higher than the road atleast %y 3<,

o All around co#pound wall of !G height with protective spikes, Road side of the
co#pound wall should %e attractive design with decorative lights and if possi%le& 9ower
%ed outside the co#pound wall,

o Ceiling height of the 9at should %e a #ini#u# of ?G,

o Flooring of entire 9ats shall %e of Mar%le6Vitri@ed tiles of adeEuate siLe with D<
skirting to %e 9ush with plaster, Mitchen shall have raised cooking platfor# in %lack granite
with %uilt=in stainless steel sink with one tap and 3 ft, high dado cera#ic tiles,

o Main Door shall %e of panel type with for#ica on %oth the sides with one night latch&
one pep hole& one letter slot& one safety chain& one latch outside and inside,

o A6c opening for ,> 'on Air Conditioner to %e provided in all %edroo#s and living roo#
and secured with grills,

o All internal doors shall %e of 9ush type with white oil paint on %oth the sides and latch
on %oth the sides,

o Clectric writing will %e concealed in 8VC Conduit pipe in copper wire with adeEuate
light points& fan points& telephone point, +ne A,C, point in %edroo# and plug points in all
the roo#s and one light point in Fath& :,C, and on :ash Fasin, Necessary electric points
will %e provided for a :ashing Machine and a Do#estic Brinding Mill,

o 'oilet 9ooring shall %e in cera#ic tiles and full dado upto 'op on walls with concealed
plu#%ing, Aot and cold water #i-er6diverter with shortage geyser of adeEuate capacity&
coloured Anglo )ndian6 Curopean 8an& 9ush valve or tank& and one water tap, 'oilet doors
will %e of Synta- or eEuivalent, RCC (oft to %e provided over all toilets,

o Coloured wash %asin of adeEuate siLe with one stop cock and one tap in 'oilets,

o All walls of 9at shall %e painted with oil %ound Diste#per paint6 8lastic 8oint,

o All windows shall %e alu#inu# sliding windows with M,S, Brill, :indows in Fedroo#
shall have provision for air=conditioner all doors and window in a Branite fra#e,

o C-haust fans to %e provided in kitchen and %athroo#s,

o Staircase steps will %e #achine cut Mota stones6granite,

o China #osaic 9ooring in co##on terrace and passages,

o Bar%age duct to %e provided for collection of gar%age,

o AdeEuate @re=@ghting arrange#ents on each 9oor,

o Fuilding e-terior should have attractive features and acrylic water resistant paint to
two6three coats of sand=face e-ternal plaster,

o 'er#ite 8est Control 'reat#ent fro# foundation onwards,

o 'wo co##on (ifts of +tis6C-cel #ake of K?? kg, Capacity in the staircase area,

o Cntrance (o%%y should %e attractive with granite=like @nish& lighting and adeEuate
decorations,

o Cntire ground paving shall %e checkered,

o Bood Euality Steel Bate,

o :atch#anGs Ca%in,

o Society +Ncer ad#easuring not less than ?? sE, ft, if per#itted %y the Municipal
Corporation of Frihan Mu#%ai,

o :ater connections as stipulated %y Municipal Corporation of Frihan Mu#%ai,

o Servants6:atch#anGs 'oilet to %e provided on the Bround Floor,

DA'CD 'A)S DA7 +F 3??>

;J91 7:I:=I D<#<CD/<B9
U +wners

AND

55555555555555555555555555555

U 'enant

7EB<<;<0:

07B7F7070 N 07B7F70
Advocates R Solicitors&
3 R I& :indsor Cha#%ers&
st
Floor&
Corner of Cawas/i 8atel Street
R Jan#a%hoo#i Marg&
Fort& Mu#%ai I?? ??

AR')C(CS +F ABRCCMCN' #ade and entered into at Mu#%ai this 555555 day of 555555555555
3?? %etween ;J91 =1 ;1 D<#<CD/<B9 a partnership @r# having its place of %usiness at
34& Mul/i Devshi Fuilding& K& Meshav/i Naik Road& Mu#%ai I?? ??4 through its #anaging
partner Mr, Sa#ir Shah hereinafter referred to as 6t+e D.ners8 .which e-pression shall
unless it %e repugnant to the conte-t or #eaning thereof %e dee#ed to #ean and include
the partner6s for the ti#e %eing of the said @r# and the heirs& e-ecutors& ad#inistrators and
assigns of the survivor6s0 of the +NC 8AR' and 415 9=BI #79AD<D 9=BID=7B
?=70DC?7B 70D 425 9=BI 9=BID=7B #79AD<D ?=70DC?7B hereinafter referred to
as ;:enant 0o118 and 6:enant 0o128 respectively and collectively referred to as 6:+e
:enants8 %oth of Mu#%ai )ndian )nha%itants residing at Roo# No, D on the Bround Floor
and Roo# No, 3 on the
st
Floor of Mhanolkar Fungalow& Malviya Road& Vile 8arle .Cast0&
Mu#%ai .which e-pression shall unless it %e repugnant to the conte-t or #eaning thereof
%e dee#ed to #ean and include their respective heirs& e-ecutors& ad#inistrators and
assigns0 of the +'ACR 8AR'2

G = < B < 7 9 H
A, Fy and under diverse Deeds of Conveyance the +wners herein %eca#e a%solutely
possessed of and otherwise well and suNciently entitled to all that piece and
parcel of land or ground together with the %uilding and structures standing thereon situate&
lying and %eing at Malviya Road& Vile 8arle .Cast0& Mu#%ai I?? ?>! 'aluka Andheri& %earing
+riginal 8lot No, ?> and now %earing Final 8lot No, I4& ad#easuring ?D" sE, yds, i,e,
""",>? sE, #trs, or therea%outs of Vile 8arle 'own 8lanning Sche#e V .draft0 and #ore
particularly descri%ed in the Schedule hereunder written .hereinafter referred to as ;the said
property<0J

ANNX-
?A@ A ?B@
F, 'he 'enant No, is a #onthly tenant since #any years in respect of Roo# No, D
ad#easuring D>I sE, ft, on the ground 9oor of the %ungalow6structure standing on the said
property and paying #onthly rent of Rs, >?6= .hereinafter referred to as ;the said tenanted
pre#ises No, <0J copy of the rent receipt and ration card of the 'enant No, are anne-ed
hereto and #arked as Anne-ures ;A< and ;F< respectivelyJ

ANNE-
?C@ A ?D@
C, 'he 'enant No, 3 is a #onthly tenant since #any years in respect of Roo# No, 3
ad#easuring D?? sE, ft, on the
st
9oor of the %ungalow6structure standing on the said
property and paying #onthly rent of Rs,??6= .hereinafter referred to as ;the said tenanted
pre#ises No, 3<0J copy of the rent receipt and ration card of the 'enant No,3 are anne-ed
hereto and #arked as Anne-ures ;C< and ;D< respectively .the tenanted pre#ises No, and
tenanted pre#ises No, 3 are hereinafter collectively referred to as ;the said tenanted
pre#ises<0J

D, 'he +wners are desirous of developing the said property %y de#olishing the said
e-isting %ungalow6structure standing on the said property and constructing a new %uilding6s
thereon in accordance with plans and speci@cations sanctioned and approved %y the
Municipal Corporation of Breater Mu#%aiJ

C, Fy and under an Agree#ent dated "
th
July& 44K entered into %etween the +wners
as the +wners therein of the +ne 8art and the 'enant No, 3& as the 'enant therein of the
+ther 8art& the 'enant No, 3 agreed to surrender his right title and interest in the said
tenanted pre#ises No, 3 to the +wners against %eing allotted free of cost and on ownership
%asis& a new pre#ises .unit69at0 ad#easuring D?? sE, ft, in the new %uilding to %e
constructed %y the +wners on the said property as and %y way of per#anent alternative
acco##odationJ

F, Fy and under an Agree#ent dated I
th
June& 44" entered into %etween the +wners
as the +wners therein of the +ne 8art and the 'enant No, & as the 'enant therein of the
+ther 8art& the 'enant No, agreed to surrender his right title and interest in the said
tenanted pre#ises No, D to the +wners against %eing allotted free of cost and on ownership
%asis& a new pre#ises .unit69at0 ad#easuring I?? sE, ft, .carpet0 in the new %uilding to %e
constructed %y the +wners on the said property as and %y way of per#anent alternative
acco##odationJ

B, 'he said Agree#ents dated "
th
July& 44K and I
th
June& 44"& do not #ention the
allot#ent of any particular unit69at to any tenant as the plans have not yet %een @nalised or
approved %y the concerned authoritiesJ

A, Aowever& the 'enant No, and the 'enant No, 3 have reEuested the +wners to allot
to the# /ointly a single co#%ined unit69at ad#easuring appro-i#ately K3,"? sE, #trs,
.carpet area0 eEuivalent to K!K sE, ft, .carpet area0 in the aggregate in lieu and instead of
the two separate 9ats agreed to %e allotted to each of the# under the aforesaid two
Agree#ents dated "
th
July& 44K and I
th
June& 44" and the +wners have agreed to do so
vide their letter dated 55555555555555J

), 'he plans for the proposed new %uilding to %e constructed upon the said property %y
the +wners after de#olition of the e-isting %ungalow6structure standing upon it has now
%een prepared and su%#itted for approval and sanction of the Municipal Corporation of
Breater Mu#%ai and the parties hereto have decided on the single 9at to %e allotted to the
'enants as hereina%ove #entioned and de#arcated %y the# on the proposed %uilding planJ

J, )n view of the changed circu#stances the +wners are here%y entering into a fresh
Agree#ent for alternative acco##odation with the 'enants /ointly and upon the ter#s and
conditions as hereinafter appearing,

N+: 'A)S ABRCCMCN' :)'NCSSC'A AND )' )S ACRCF7 ABRCCD FC':CCN 'AC 8AR')CS
ACRC'+ AS F+((+:S2

, )n consideration of the 'enant No, and 'enant No, 3 having agreed to surrender their
tenancy rights in the Roo# No, D on the ground 9oor and Roo# No, 3 on the
st
9oor of the
%ungalow6structure standing on the property presently occupied %y the#& respectively& the
+wners agree to provide on ;ownership %asis< and free of cost to the 'enants a self
contained 9at as and %y way of per#anent alternative acco##odation %eing Flat No, 5555
ad#easuring appro-i#ately K3,"? sE, #trs, .carpet area0 eEuivalent to K!K sE, ft, .carpet
area0 in the aggregate on the 555 9oor of the proposed %uilding to %e constructed %y the
+wners on the said property .hereinafter for the sake of %revity referred to as ;the said
9at<0, 'he typical 9oor plan of the said 9at is anne-ed hereto and #arked as Anne-ure ;C<,

ANNX-E

ANNX-F
3, 'he +wners shall construct the said 9at as per the plans that shall %e sanctioned %y
the Municipal Corporation of Breater Mu#%ai and a#ended fro# ti#e to ti#e, 'he a#enities
to %e provided to the 'enants shall %e as per the list of a#enities anne-ed thereto and
#arked as Anne-ure ;F<,

D, 'o ena%le the 'enants to shift fro# the said tenanted pre#ises& the +wners shall at
their own cost and e-penses construct transit acco##odation as and %y way of te#porary
alternative acco##odation for the 'enant ad#easuring appro-i#ately 555555555 sE, ft, in a
portion of the said property as per the speci@cations of the Municipal Corporation of Breater
Mu#%ai,

I, 'he 'enants do and each of the# doth here%y agree declare and undertake that
within one week of receiving inti#ation fro# the +wners that such transit acco##odation is
ready the 'enants shall handover Euiet vacant and peaceful possession of the said tenanted
pre#ises in their occupation as #onthly 'enants thereof alongwith other #e#%ers of their
fa#ily,

>, Ppon the 'enants handing over vacant possession of the said tenanted pre#ises to
the +wners as provided hereina%ove& the +wners shall %e entitled to de#olish the said
tenanted pre#ises and proceed with the construction of the new %uilding on the said
property& and the 'enants do and each of the# doth here%y give their consent and authority
to the +wners to de#olish the e-isting %ungalow6structure standing on the said property,

K, During the ti#e the 'enants will %e occupying the transit acco##odation they will
continue to pay the sa#e #onthly rent including ta-es to the +wners in respect of the said
tenanted pre#ises, )n addition thereto& the 'enants shall also %ear and pay the charges for
electricity and water consu#ed %y the# in the transit acco##odation,

!, 'he tenancy rights of the 'enants in respect of the said tenanted pre#ises shall %e
dee#ed to have %een surrendered si#ultaneously on possession of the said 9at,

", 'he +wners shall co#plete the construction of the proposed new %uilding on the said
property and shall oTer possession of the said 9at in the new %uilding to the 'enants as
provided in clause hereina%ove& within a period of 3I #onths fro# the date of co#pletion
of the foundation in respect of the new %uilding& provided that the construction work in
respect of the new %uilding is not i#peded or ha#pered in any #anner %y reason of any
rules& regulations and6or policies of the Municipal Corporation of Breater Mu#%ai and6or of
any other authority for the ti#e %eing in force& and further provided that the said
construction work is not aTected %y any force #a/eure conditions and6or due to any situation
or thing %eyond the control of the +wners or due to any order including in/unction or stay
granted %y any court of law in any suit or legal proceedings @led %y any person or persons in
respect of the said property,

4, 'he +wners agree and con@r# that the develop#ent of the said property shall %e
undertaken %y the# at their own costs& e-penses& risks and conseEuences,

?, 'he +wners shall not handover possession of the re#aining 9ats and pre#ises in the
new %uilding to the 8urchasers thereof until the +wners have oTered possession of the said
9at& duly constructed to the 'enants,

, 'he 'enants do and each of the# doth here%y undertake that within 4? days of the
inti#ation received fro# the +wners %y either of the# %y hand delivery receipt whereof duly
acknowledged %y either of the 'enants that the said 9at is ready for occupation& they shall
vacate the transit acco##odation given to the# as aforesaid and shift to the said 9at
allotted to the#, Aowever& if the 'enants delay in vacating the transit acco##odation and
shifting to the said 9at at any ti#e& within the stipulated period #entioned hereina%ove&
then the +wners shall %e at li%erty to allot& dispose of and sell the said 9at to such person at
such price as the +wners #ay in their a%solute discretion think @t and the 'enants shall not
have or #ake any clai# or de#and thereto,

3, )t is e-pressly agreed understood and con@r#ed %etween the parties hereto that the
'enants shall not %e handed over possession of the said 9at %y way of per#anent alternate
acco##odation& until and unless they vacate and re#ove the#selves& their fa#ily
#e#%ers& servants& articles and %elongings fro# the transit acco##odation and hand over
the Euiet& vacant and peaceful possession of the sa#e to the +wners,

D, 'he 'enants do and each of the# doth here%y declare and state that they alongwith
their fa#ily #e#%ers are in e-clusive use& occupation and possession of the said tenanted
pre#ises at present& and no one e-cept the#selves has any right& title or interest of any
nature whatsoever in the said tenanted pre#ises or any part thereof and that they have not
created any third party right therein or parted with possession of the sa#e to any third
party& or created any charge or encu#%rance of any nature whatsoever therein, Relying on
the aforesaid representations #ade %y the 'enants& the +wners have agreed to provide to
the 'enants the said per#anent alternative acco##odation on ownership %asis in the new
%uilding,

I, During the period of construction& the 'enants shall not under any circu#stances&
create charge& transfer& alienate& assign or dispose oT in any #anner& their respective
tenancy rights in the said tenanted pre#ises and6or their rights in respect of the said 9at in
the proposed new %uilding to %e allotted to the# /ointly and further undertake that the said
9at shall %e used %y the# for their own residential purposes only,

>, 'he 'enants do and each of the# doth here%y undertake to e-tend their full co=
operation and assistance towards the develop#ent of the said property& to the +wners& who
%ona@de reEuire to de#olish the e-isting structures upon the said property co#prising of
the tenanted pre#ises and re=construct the new %uilding6s upon it,

K, 'he 'enants here%y undertake to pay their share of all e-penses and ta-es like
#aintenance charges& FMC ta-es and other outgoings etc, in respect of the said 9at which
shall %e allotted to the# /ointly in the new %uilding fro# the date of possession thereof,

!, 'he 'enants here%y agree to sign and e-ecute the usual agree#ent as provided
under the Maharashtra +wnership Flats .Rules R Regulation0 Act& and the 'enants here%y
agree to %eco#e #e#%ers of the Society6Condo#iniu# or any other association of the
allottees69at +wners of the new %uilding and pay the necessary entrance fee& share #oney
and #aintenance deposits etc, and a%ide %y the %ye=laws& rules and regulations fra#ed
and6or adopted %y the society6condo#iniu# for ti#e to ti#e,

", 'he 'enantsG only right hereunder is to the allot#ent of the said 9at %y way of
per#anent alternative acco##odation on ownership %asis as stated hereina%ove& and to
take possession thereof in the new %uilding %eing constructed as aforesaid, 'he 'enants
shall occupy the said 9at at their own risk& lia%ility& responsi%ility and conseEuences and
shall at no ti#e hold the +wners responsi%le for any da#age& hurt& in/ury and6or loss of
whatsoever nature& caused to the 'enants and6or their heirs& e-ecutors& ad#inistrators and
assigns or any person6persons clai#ing through the# or to their property on6after the
'enants have taken possession of the said 9at,

4, 'he +wners shall %e entitled to #ake additions& alterations and6or a#end#ents in
the plans of the new %uilding6s as they #ay consider necessary provided the sa#e do not
aTect the said new 9at to %e allotted to the 'enants unless such additions& alternations
and6or a#end#ents are reEuired to %e #ade %y the Municipal Corporation of Breater
Mu#%ai or any other pu%lic authority and the 'enants do and each of the# doth here%y
irrevoca%ly consent to the sa#e,

3?, 'he 'enants do and each of the# doth here%y agree to inde#nify and keep
inde#ni@ed the +wners their respective heirs& e-ecutors& ad#inistrators and assigns against
any clai#s& de#ands& notices& proceedings& suits& actions of whatsoever nature that #ay %e
#ade %y any person or party clai#ing %y& through and under the# or otherwise for any
tenancy& su%=tenancy or other rights& of any nature whatsoever in respect of the said
tenanted pre#ises and for all costs& charges& e-penses& losses and da#ages that #ay %e
incurred and6or suTered %y the a%ove persons,

3, 'he 'enants do and each of the# doth here%y a%solve the +wners of all
responsi%ilities and o%ligations under the two Agree#ents dated "
th
July& 44K and I
th
June&
44" in respect of allot#ent of independent 9ats in the new %uilding to each of the 'enants,

33, 'he 'enants do and each of the# doth here%y e-pressly declare and con@r# that
they have e-ecuted these presents of their own free accord and will and without any
coercion or undue in9uence of whatsoever nature or act upon the#,

3D, 'he sta#p duty and registration charges paya%le on these presents& if any and on
the agree#ent under Maharashtra +wnership Flats .Regulations of the 8ro#otion of
Construction& Sale& Manage#ent and 'ransfer0 Act& 4KD and all other deeds and writings to
%e e-ecuted in pursuance thereof& shall %e %orne and paid %y the 'enants alone,

)N :)'NCSS :ACRC+F the parties hereto have hereunto set and su%scri%ed their
respective hands& the day and year @rst hereina%ove written,


all that piece and parcel of land or ground together with the %uilding and structures standing
thereon situate& lying and %eing at Malviya Road& Vile 8arle .Cast0& Mu#%ai I?? ?>! 'aluka
Andheri& %earing +riginal 8lot No, ?> and now %earing Final 8lot No, I4& ad#easuring ?D"
sE, yds, i,e, """,>? sE, #trs, or therea%outs of Vile 8arle 'own 8lanning Sche#e V .draft0 and
%ounded as follows2

+n or towards the Cast 2 %y the property known as Badrewadi
+n or towards the :est 2 %y the property of 7ashodhan Society
+n or towards the North 2 %y Malviya Road& and
+n or towards the South 2 %y the property known as Sa#ant :adi,

M6S, A, M, DCVC(+8CRS 0
through their #anaging partner 0
Mr, Sa#ir Shah 0
in the presence of,,,,,,, 0

withinna#ed 'enants 0
.0 SAR) VASPDC+ SAR)DAAR MAAN+(MAR 0
.30 SAR) SAR)DAAR VASPDC+ MAAN+(MAR 0
in the presence of,,,,,,, 0
700<@AB< " $

CI9: D$ amenities

General -tructure1

, Fuilding will %e of R, C, C, fra#e structure,

3, )nternal walls will %e @nished with neeru plaster and li#e white wash,

D, C-ternal wall will %e in concrete %locks and e-ternally @nished with two coats of sand
faced plaster and two coats of ce#ent paint,

Wooden Doors1

, Cntrance door shall have ', :, Fra#e with ', :, 8anel shutter with )ron +-idised
hinges& Bodre/ night latch& Magic eye& safety chain and tower %olt and tadi with oil painting
on %oth sides,

3, )nternal door shall have ', :, Fra#e with 9ush door shutter and with )ron +-idised
hinges& tower %olt and tadi with oil painting on %oth sides,

%lu&inu& Windo#s1

, :indows will %e powder coated alu#inu# sliding windows,

3, :, C, and %ath shall have alu#inu# louvers,

Floorin1

, 'he 9ooring in all roo#s& passages and %alconies shall have %ell cera#ic6 spartek
with D< skirting in sa#e @nish,

3, Mitchen platfor# shall %e of Maddappa with %uilt in sink of suita%le siLe,

D, Dado over platfor# of BlaLed tiles upto two feet height,

Bath 2 W. 3. or 0oilet Bloc"1

, Flooring of spartek type tiles with necessary sa#e skirting,

3, Dado upto door height with glaLed tiles,

D, 'oilet %lock shall have concealed plu#%ing with good Euality @-tures with
Curopean6Anglo )ndian6)ndian :,C,6+rissa :, C, 8an& :ash hand %asin& shower and low level
9ushing tank,

I, 'here will not %e direct tap fro# F,M, C,

4lectri5cation1

, Beneral lighting wiring will %e of concealed type with )S) #arked 8VC coated copper
wire, 'he @-tures and switches shall %e of Arolite Frand, All roo#s shall have light points&
plug points& telephone point and ', V, point,

3, Co##on Area of entrance& passages of 9ats and co##on staircase will %e provided
with light points,

D, Central ', V, Antenna point will %e provided in the 9at,

3olour

, Cntrance door will %e polished fro# outside and painted fro# inside,

3, )nternal doors and toilet doors will %e oil painted,

D, Staircase and co##on passages& inside the 9at will %e painted with D coats of white
wash,

I, C-ternal painting shall %e with ce#ent paint or 'e- paint

>, Alu#inu# windows will %e powder coated,

VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
D7:<D :=I9 D7F D$ 2001

M6S, A, M, DCVC(+8CRS
,,,,, +wners
AND

SAR) VASPDC+ SAR)DAAR MAAN+(MAR R ANR, ,,,,, 'enants

7EB<<;<0: $DB
7C:<B07:< 7D;;DD7:ID0

:=I9 7EB<<;<0: $DB /<B;70<0: 7C:<B07:< 7D;;DD7:ID0 #ade at Mu#%ai
this 5555 day of D:D!0 FC':CCN 415
9=BI 70IC !<=7BIC7C ?7PI and 425 9;:1 9D=I0I 70IC ?7PI& %y their Constituted
Attorney 8ra/esh Chandravardan Shah %oth of Mu#%ai )ndian )nha%itants residing at Anil
Fuilding& 3
nd
Floor& 8lot No, 4>=A of ',8,S, ))& )ndra Narayan Street& SantacruL .:est0& Mu#%ai
I?? ?>I& hereinafter collectively referred to as 6t+e D.ners8 .which e-pression shall
heirs& e-ecutors and ad#inistrators0 of the F)RS' 8AR' AND ;J91 70?AB B<7C:DB9& a
partnership @r# having its 8rincipal 8lace of %usiness at D?D& Bala-y Arcade& ?& M,B, Road&
Vile 8arle .Cast0& Mu#%ai I?? ?>!& hereinafter called 6t+e De%elo*ers8 .which e-pression
shall unless it %e repugnant to the conte-t or #eaning thereof #ean and include the
partners for the ti#e %eing of the said @r#& fro# ti#e to ti#e of the said @r#& the surviving
partner and his heirs& e-ecutors& ad#inistrators and assigns0 of the SCC+ND 8AR'
AND 9=BIJ9;:1 55555555555555555555555555 of Mu#%ai )ndian )nha%itant hereinafter referred
to as 6t+e :enant8 .which e-pression shall unless repugnant to the conte-t or #eaning
thereof %e dee#ed to #ean and include his6her heirs& e-ecutors and ad#inistrators0 of the
'A)RD 8AR'2

G = < B < 7 9 2

A, 'he +wners& are seiLed and possessed of or otherwise well and suNciently entitled to
all that piece or parcel of land situate at SantacruL .:est0& 'aluka South Salsette in the
Registration District and Su%=district of Mu#%ai Su%ur%an and Andheri ad#easuring !"4,3
sE, #trs or therea%outs and registered in the Fooks of the Collector of (and Revenue Mhot
and in the Record of Rights of SaLa Danada as %earing 8lot No,4>=A of 'own 8lanning
Sche#e No,)) of SantacruL and %earing City Survey No,B63"" ;said land< together with
structures standing thereon and #ore particularly descri%ed in the Schedule hereunder
written .hereinafter referred to as Othe said propertyO0J

F, 'he %uildings and structures standing on the said property are occupied %y the
'enantsJ

C, 'he 'enant herein is a #onthly contractual tenant since #any years& in respect of
Roo# No,555 ad#easuring 55555 sE, ft, .carpet area0 on the 555559oor of %uilding known as
;Anil< standing on the said property .hereinafter referred to as Othe tenanted pre#ises<0 and
#ore particularly descri%ed in the Second Schedule hereunder written and is presently
occupying the sa#e for a #onthly rent of Rs,555555556=, Copy of the rent receipt& ration card
and electricity %ill of the 'enant are anne-ed hereto and #arked as Anne-ures ;A<& ;F< and
;C< respectivelyJ

D, 'he +wners are desirous of developing the said property %y de#olishing the said
e-isting %uilding standing on the said property and constructing a new %uilding6s thereon in
accordance with plans and speci@cations sanctioned and approved %y the Municipal
Corporation of Breater Mu#%aiJ

C, Fy a Me#orandu# of Pnderstanding dated
th
March& 3??> and #ade %etween the
+wners of the +ne 8art and the Developers herein of the +ther 8art& the +wners have
agreed to grant in favour of the Developers develop#ent rights in respect of the said
property %y de#olishing the e-isting %uilding and constructing a new %uilding thereon %y
utilising and consu#ing the entire FS) and 'DR FS) that #ay %e availa%le in respect of the
said property at or for the consideration and on the ter#s and conditions contained thereinJ

F, 'he +wners have authorised the Developers to negotiate and settle with the tenants
of the said property& at the cost and e-penses of the Developers and on such ter#s and
conditions as the Developers dee# @tJ

B, For the purpose of redeveloping the said property& the Developers are reEuired to
de#olish the e-isting %uilding standing on the said property and have therefore negotiated
with the 'enant herein for surrender of his6her tenancy rights in the tenanted pre#ises and
hand over vacant and peaceful possession of the sa#e to the Developers,

A, 8ursuant to negotiations %etween the Developers and the 'enant& the Developers
have agreed to provide te#porary alternative acco##odation to the 'enant pending
redevelop#ent of the said property& and upon construction of the new %uilding on the said
property& to provide and grant to the 'enant free of cost and on ownership %asis& a 9at of
eEuivalent area as that of the e-isting tenanted pre#ises on the 5555 9oor in the proposed
new %uilding as and %y way of per#anent alternative acco##odation .hereinafter referred
to as Othe said new 9at<0 in lieu of the 'enant surrendering his6her tenancy rights in the
tenanted pre#ises in the #anner set out hereunder& and the 'enant has agreed to accept
the sa#e on the ter#s and conditions hereinafter set out,

:=< /7B:I<9 =<B<:D 79 $DCCDG9 H

, )t is agreed that all the recitals contained a%ove for# an integral and operative part
of this Agree#ent as if the sa#e are incorporated herein ver%ati#,

3, 'he Developers shall develop the said property descri%ed in the Schedule hereunder
written& %y de#olishing the e-isting %uilding known as ;Anil< standing on the said property
and constructing new %uilding thereon in accordance with the plans approved and
sanctioned %y the Municipal Corporation of Breater Mu#%ai .M,C,B,M0,

D, 'he 'enant shall surrender his tenancy right and Euit vacate and deliver vacant and
peaceful possession of Roo# No,555555 ad#easuring 555555555 sE, ft, .carpet area0 on the
555555559oor of %uilding known as ;Anil< standing on the said property .hereinafter referred
to as ;the e-isting tenanted pre#ises<0& and in lieu thereof& the Developers shall grant and
allot to the 'enant on ;ownership< %asis& free of cost& a self contained 9at of 55555555 sE, ft,
carpet area .eEuivalent to the area of the e-isting tenanted pre#ises0 on 5555 9oor in the
proposed new %uilding to %e constructed on the said property .hereinafter referred to as
;the said new 9at<0, 'he Developers shall provide a#enities in the said new 9at as
#entioned in 7nnexure 6D8 hereto, )t is however& further e-pressly agreed that the
Developers have agreed to allot the said new 9at on the e-press undertaking and assurance
of the 'enant that he shall co=operate and co#ply with all the ter#s of this agree#ent&
without causing any o%struction6 hindrance of whatsoever nature to the ti#ely co#pletion of
the re=develop#ent of the said property as envisaged herein,

I, 'he 'enant has agreed to accept the said new 9at as per#anent alternative
acco##odation free of costs in lieu of his e-isting tenanted pre#ises %y surrendering&
releasing and relinEuishing all his right& title and interest in tenancy in respect of the e-isting
tenanted pre#ises,

>, )t is agreed that upon sanction of the %uilding plans for re=develop#ent of the said
property and receipt of )nti#ation of Disapproval fro# the Municipal Corporation of Breater
Mu#%ai& the Developers shall proceed to o%tain vacant possession of the e-isting tenanted
pre#ises presently in the 'enantGs occupation& against the Developers providing to the
'enant a te#porary alternative acco##odation ad#easuring 555555555 sE, ft, .carpet area0
appro-, either in the sa#e property or elsewhere in the sa#e locality until per#anent
alternative acco##odation .i,e, the said new 9at0 agreed to %e allotted to hi# under this
Agree#ent is not ready and oTered to hi# for occupation, 'he te#porary alternative
acco##odation to %e provided %y the Developers at their own costs and e-penses to the
tenant shall have water and electric connection, 'he co#pensation& royalty and other
charges and license fee of the te#porary alternative acco##odation and the cost of
securing the said te#porary alternative acco##odation shall %e %orne and paid %y the
Developer alone& however the charges for water and electricity consu#ed in the te#porary
alternative acco##odation pre#ises shall %e %orne and paid %y the 'enant alone till the
sa#e is occupied %y hi#, :ithin ! days of the written inti#ation fro# the Developers after
the %uilding plans for the proposed new %uildings are sanctioned %y the Municipal
Corporation& the 'enant shall re#ove hi#self& his fa#ily #e#%ers and all his %elongings
fro# the said e-isting tenanted pre#ises in the said property and deliver vacant possession
thereof to the Developers and occupy the te#porary alternative acco##odation provided to
the 'enant,

K, 'he 'enant here%y gives his irrevoca%le consent and authority to the +wners and
Developers to de#olish the said e-isting tenanted pre#ises upon his handing over vacant
possession of the sa#e to the Developers& and agrees and undertakes to e-ecute such
deeds& docu#ents and6or writings as #ay %e reEuired %y any authority6authorities and give
no o%/ection for the purpose whenever reEuired,

!, Ppon the 'enant delivering vacant and peaceful possession of the e-isting tenanted
pre#ises to the Developers& the Developers shall %e entitled to de#olish the sa#e and
co##ence the work of construction of the proposed new %uilding thereon,

", 'he Developers shall carry out and co#plete the work of construction of the
proposed new %uilding and give possession of the said new 9at agreed to %e allotted to the
'enant within a period of 5555 #onths fro# the date of issue of Co##ence#ent Certi@cate
.and shall %e o%tained within 55555 #onths0 for the proposed new %uilding %y the Municipal
Corporation of Breater Mu#%ai su%/ect to force #a/eure, 'he Developers shall forthwith on
such co#pletion give inti#ation %y person or %y Registered A,D, to the 'enant reEuesting
hi# to take possession of the said new 9at to %e allotted as per#anent alternative
acco##odation to the 'enant& and the 'enant shall within ! .seven0 days of receipt of such
inti#ation vacate and deliver vacant and peaceful possession of the te#porary alternative
acco##odation provided to the 'enant and take possession of the said new 9at granted as
per#anent alternative acco##odation,

4, 'he 'enant shall also pay to the Developers at the ti#e of taking possession of the
said new 9at& the following a#ounts& viL, 2

.a0 Rs,D>?6= .Rupees 'hree Aundred Fifty only0 as share #oney and entrance fee for

.%0 Rs, 5555555555556= .Rupees 555555555555555555555555 only0 as provisional deposit
towards his share6contri%ution of the Municipal 'a-es fro# the @rst date of Assess#ent&
:ater Charges& and the Maintenance Charges of the new 9at agreed to %e allotted to the
'enant& till the Co=operative Aousing Society or other Association of pre#ises purchasers is
for#ed and registered %eing calculated provisionally for 3 #onthsJ

.c0 Deposit as #ay %e reEuired %y Reliance Cnergy (td, or other electric supply
Co#pany as deposit for electric #eter to %e @-ed for the new tene#entJ

.d0 Rs,55555555555 6= .Rupees 5555555555555555555555555 only0 towards security deposit for
water and electric connections& and

.e0 'he #onthly contri%utions .every #onth0 towards the accruing outgoings of the said
pre#ises=purchasers in the said Fuilding or the Developer or the Co=operative
Society6Co##on +rganisation got registered in respect of the said property to %e ad/usted
%y the Developer fro# provisional Deposit #aintained in Clause .%0 a%ove,

?, )f the 'enant fails to pay such #onthly contri%ution as speci@ed in Clause ".e0
hereina%ove& the Developers shall %e entitled to recover such contri%ution due fro# the
'enant out of and fro# the aforesaid deposit #entioned in Clause ".%0 a%ove, Further& if the
'enant fails to pay towards his share6contri%ution of deposits to Municipal Corporation of
Breater Mu#%ai for water connection and6or to Reliance Cnergy (td, for providing electricity
#eter in the new tene#ent& the Developers shall %e entitled to pay the sa#e fro# the said
deposit under clause ".%0 a%ove, 'he Developers shall not %e lia%le to #aintain separate
account of such deposits received fro# the 'enant and other tenants and pre#ises
purchasers individually, 'he Developers shall render a consolidated account to the Co=
operative Society or other Association of the pre#ises holders got registered in respect of
the said property and transfer the %alance& if any after #aking proper deductions to such
Society6Association6Co##on +rganisation and if there is any de@cit in the a#ounts collected
fro# the tenant& the tenant shall forthwith on de#and pay the sa#e to Developers,

, 'he tenancy rights of the 'enant in the e-isting pre#ises shall stand auto#atically
surrendered& upon the Developers oTering possession of the new 9at to the 'enant without
reEuiring any further writing or act and the 'enant shall not %e entitled to clai# tenancy
rights in the proposed new %uilding or any part thereof of whatsoever nature against the
+wners and the Developers and further agrees to inde#nify and keep inde#ni@ed the
+wners and the Developers against the sa#e,

3, Ppon handing over possession of the said new 9at to the 'enant& the Developers and
the 'enant shall also e-ecute and register a proper Agree#ent drawn in accordance with the
provisions of the Maharashtra +wnership Flats Act& which shall contain all the usual ter#s
and conditions including the condition that the 'enant shall /oin in the for#ation and
registration of a Co=operative Society or such other association as #ay %e for#ed of all the
pre#ises purchasers in the proposed new %uilding and shall a%ide %y the %ye=laws& rules and
regulations fra#ed6adopted %y the said society6 association and shall pay all the periodical
contri%utions to the society6association including watch#enGs and sweeperGs charges etc, as
#ay %e decided %y the said society6association, Further sta#p duty and registration fees
paya%le on such Agree#ent shall %e %orne and paid %y the 'enant alone,

D, 'he 'enant on taking possession of the per#anent alternate acco##odation
pre#ises in the proposed new %uilding shall hold the sa#e as HownerG thereof& as if he had
acEuired the sa#e on HownershipG %asis for valua%le consideration fro# the Developers in
pursuance of the provisions of Maharashtra +wnership Flats Act 4KD, 'he 'enant shall Y

.a0 pay the #onthly contri%ution due in respect of the per#anent alternate
acco##odation pre#ises to the Developers or to the Co=operative Society #anaging the
sa#e property co#prising of the #unicipal property ta-es paya%le in respect thereof& and a
proportionate share of all other outgoings as #ay %e @-ed fro# ti#e to ti#e %y the
Developers or the persons in charge and #anage#ent of the said new %uilding6s and6or
such SocietyJ

.%0 along with acEuirers of other pre#ises in the said new %uilding6s for# and get
+rganisation co#prising of such pre#ises=purchasers and enrol hi#self6herself as a #e#%er
thereof in respect of his6her pre#isesJ

I, 'he 'enant shall continue to pay every #onth a su# of Rs,5555555555556= as rent and
water charges to the +wners as also the electricity charges till he is allotted and shifted to
the te#porary alternative acco##odation, )t is further agreed that the 'enant will continue
to pay the aforesaid rent to the +wners until the 'enant is put in possession of the
per#anent alternate acco##odation pre#ises,

>, 'he 'enant here%y declares and states that no one e-cept hi#self has any right& title
or interest of any nature whatsoever in the tenanted pre#ises or any part thereof& and that
he has not created any third party rights therein or parted with possession of the sa#e or
any part thereof& to any third party& or created any charge or encu#%rance of any nature
whatsoever therein or any part thereof& and shall inde#nify and keep inde#ni@ed the
+wners and the Developers fro# and against clai#s received fro# any third party including
any fa#ily #e#%er and6or relatives of the 'enant,

K, 'he 'enant shall not under any circu#stances transfer or assign his6her tenancy
right or create any third party right of whatsoever nature in the tenanted pre#ises and6or
his rights in respect of the said new 9at during the period of redevelop#ent, 'he 'enant
agrees and covenants with the Developers that the said new 9at shall %e used %y hi# for
residential purposes only,

!, 'he 'enant shall not %e entitled to allow any other person e-cept hi#self and
#e#%ers of his fa#ily to occupy or stay with hi# in the te#porary alternative
acco##odation that #ay %e allotted to hi# and the 'enant shall not %e entitled to transfer&
assign& su%let& or grant su%=license in respect of the said te#porary alternative
acco##odation,

", )t is here%y agreed %y and %etween the parties hereto that the Developer shall %e
entitled to a#end and revise the %uilding plans& speci@cations& drawings and designs and
the 'enant shall not %e entitled to raise any o%/ection to the sa#e provided such
a#end#ents does not pre/udice the rights of the 'enant under this Agree#ent including the
right of the tenant to en/oy light& air and ventilation,

4, )f for any reason& other tenants in the said property or any of the# fails to enter into
Agree#ent with the Developers settling #atters as herein set out& or if after entering into
such Agree#ents& the 'enant or any of the tenants of the said property fail to deliver vacant
and peaceful possession of the tene#ents or roo#s in his6her6their occupation& then and in
such event the Developers #ay entirely at their option& rescind this Agree#ent %y giving
@fteen days notice in writing to the 'enant , )n the event of the Developers rescinding this
Agree#ent& the 'enant shall %e entitled to continue to occupy the e-isting tenanted
pre#ises in the e-isting %uilding known as ;Anil< and the 'enant shall not %e entitled to
enforce speci@c perfor#ance of this Agree#ent,

3?, 'his Agree#ent %etween the parties shall %e treated as HNo +%/ectionG fro# the
'enant for the re=develop#ent of the said property& as per the plan that #ay %e sanctioned
%y the MCBM %y using and consu#ing the entire availa%le FS) and the 'DR in respect of the
said property and accordingly the Developers shall %e entitled to produce this agree#ent
%efore all concerned authorities,

3, )t is further agreed %etween the parties hereto that the clai# of the 'enant against
the Developers shall %e li#ited to the per#anent alternate acco##odation pre#ises agreed
to %e granted to hi# in the proposed new %uilding and the %ene@t6right to use6avail of the
co##on facilities6areas therein& and he shall have no clai# or de#and to or share in any
additional construction that #ay at any ti#e %eco#e availa%le on the said property on any
%asis whatsoever upto the date of transfer %y way of conveyance of the said property in
favour of the Co=operative Society of pre#ises=purchasers in the said %uilding 8rovided such
transfer and conveyance of the freehold land and newly constructed %uilding is e-ecuted
within si- #onths fro# the grant of +ccupation Certi@cate,

33, 'he 'enant shall #ake sign and e-ecute all necessary letters& declarations&
undertakings and other writings as #ay %e reEuired %y the Developers to %e su%#itted to
the Municipal Corporation& and other authorities for redevelop#ent of the said property as
per#itted under the D,C, Regulations& 44,

3D, )t is e-pressly agreed and understood %etween the parties hereto that the +wners
shall not %e lia%le for co#pliance of any of the o%ligations hereunder as owners of the said
property and6or as landlords of the 'enant and the Developers alone are responsi%le for
construction of the %uildings to reha%ilitate the tenants, 'he +wner will however %e lia%le to
/oin in the conveyance of the newly constructed %uilding and land %eneath,

3I, 'he 'enant here%y e-pressly declares and con@r#s that he has e-ecuted these
presents on his own free accord and will and without any coercion or undue in9uence of
whatsoever nature or act upon hi#,

3>, 'he Sta#p duty on this Agree#ent shall %e %orne and paid %y the Developers alone,

I0 GI:0<99 G=<B<D$ the parties hereto have hereunto set their respective hands the
day and year @rst hereina%ove written,


All that piece or parcel of land situate at SantacruL .:est0& 'aluka South Salsette in the
Registration District and Su%=district of Mu#%ai Su%ur%an ad#easuring !"4,3 sE, #trs or
therea%outs and registered in the Fooks of the Collector of (and Revenue Mhot and in the
Record of Rights of SaLa Danada as %earing 8lot No, 4>=A of 'own 8lanning Sche#e No, )) of
SantacruL and %earing City Survey No, B63"" of Village together with structures standing
thereon and %ounded as follows& viL,

+n or towards the North 2 Fy 8lot No,4> F of '8S )) of SantacruLJ
+n or towards the South 2 Fy D? feet wide 8u%lic Road sanctioned %y
the CollectorJ
+n or towards the Cast 2 Fy 8lot No,4D %elonging to (al/i 'rivediJ and
+n or towards the :est 2 Fy private passage 3? feet wide,

415 9=BI 70IC !<=7BIC7C ?7PI 0
425 9;:1 9D=I0I 70IC ?7PI 0
through their duly constituted attorney 0
Shri 8ra/esh Chandravadan Shah 0
in the presence of UU, 0

;J91 70?AB B<7C:DB9 0
%y the hand of its authorised partner& 0
Shri Sunil Shah 0

%y the withinna#ed 'enant 0
9=BIJ9;:1 555555555555555555555 0
in the presence of 2 0

700<@AB< R 678
9/<I$I7:ID0 70D 7;<0I:I<9
D7:<D :=I9 D7F D$ 2005

SAR), AN)( FCAAR)(A( MAX) R ANR,
U the +wners

AND

M6s, ANMPR RCA('+RS
,,Developers

AND

SAR)6SM', 5555555555555555555555555
U 'enant

VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
7EB<<;<0:
VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV

97;IB 970E=7#I N D1
IK=F& Fo#%ay Mutual Cha#%ers&
463& Aa#a# Street&
Fort& Mu#%ai I?? ?3D,
VVVVVVVVVVVVVVVVVVVVVVVVVV

7EB<<;<0: $DB /<B;70<0: 7C:<B07:< 7D;;DD7:ID0

ABRCCMCN' F+R 8CRMANCN' A('CRNA'C ACC+MM+DA')+N #ade at Mu#%ai this 5555=555
day of 555555555555555& 3?? FC':CCN A)'CSA )NDRAVADAAN 8A'C(& presently residing at
Flat No, D?& Shree Bovardhan Co=op, Aousing Society (td,& "D Sanga# Fuilding& Di-it Cross
Road No,& Vile 8arle .Cast0& Mu#%ai I?? ?>!& hereinafter for the sake of %revity called
;+:NCR6< .which e-pression shall unless it %e repugnant to the conte-t or #eaning thereof
%e dee#ed to #ean and include his heirs & e-ecutors& ad#inistrators and assigns0 of the
F)RS' 8AR' AND 8RAV)NCAANDRA alias 8RAV)NFAA) FAAB:ANDAS MANAM)A& age !" years&
)ndian )nha%itant& residing at Flock No,?&
st
9oor& "D& Sanga# Fuilding& Di-it Cross Road&
No,& Vile 8arle .Cast0& Mu#%ai I?? ?>!& hereinafter called ;'AC 'CNAN'< .which
#ean and include his heirs& e-ecutors& ad#inistrators and assigns0 of the SCC+ND 8AR'
AND M6S, M3 C+NS'RPC')+N C+,& a partnership @r# registered under the provisions of the
8artnership Act& 4D3 and having its principal place of %usiness at Flat No, >?I& >
th
9oor&
8arshwakun/& Malaviya Road& Vile 8arle .Cast0& Mu#%ai = I???>! .hereinafter referred to as
;the said DCVC(+8CR<0 .which e-pression shall unless it %e repugnant to the conte-t or
#eaning thereof %e dee#ed to #ean and include the partners for the ti#e %eing of the
said @r# and fro# ti#e to ti#e of the said @r#& the survivor or survivors of the# and the
heirs& e-ecutors& ad#inistrators and assigns of the last surviving partner0 of the 'A)RD 8AR'2

G = < B < 7 9 H
A, Fy a Deed of Conveyance dated 3I
th
+cto%er& 3??"& registered with the +Nce of
Su%=Registrar of Assurance at Mu#%ai under Serial 5No,FDR=6?D?63??"& and #ade and
e-ecuted %y and %etween .0 S#t, Man/ula%en& wife of (ate Shri Arvind Bordhandas 8atel&
.30 Shri Mashyap Arvind Bordhandas& son of (ate Shri Arvind Bordhandas 8atel& %eing the
only legal heirs and representatives of (ate Shri Arvind Bordhandas 8atel and Shri
Chandrakant Bordhandas 8atel& therein collectively referred to as ;the Vendors< of the +ne
8art and Shri )ndravadan Bordhandas 8atel& therein referred to as ;the 8urchaser< of the
+ther 8art& the Vendors therein sold& transferred and conveyed a%solutely and forever unto
and in favour of the 8urchaser therein& all that piece or parcel of land or ground
ad#easuring ?DD sE,yds, eEuivalent to "KD,!" sE,#trs, and %earing Cadastral Survey No,
K3 of Vile 8arle .Cast0& Village situate at Vile 8arle& 'aluka Andheri %earing +riginal 8lot
No,!!& !" and !4& @nal 8lot No,4I of 'own 8lanning Sche#e No, 3 of Vile 8arle .Cast0 in
the Registration District and Su%=District of Mu#%ai Su%ur%an District& Municipal :ard M6Cast
together with a %uilding known as ;Sanga#< standing thereon .hereinafter referred to as
;the e-isting %uilding<0 lying& %eing situate at Di-it Road& Vile 8arle .Cast0& Mu#%ai I?? ?>!&
.hereinafter collectively referred to as ;the said property<0 and #ore particularly descri%ed
in the First Schedule hereunder writtenJ

F, Shri )ndravadan Bordhandas 8atel died intestate at Me-ico on 3
th
June& 3??4& leaving
%ehind his son Shri Aitesh )ndravadan 8atel and daughter Ms, Jayna )ndravadan 8atel alias
Mrs, Jayna Nira/ 8atel& as his only legal heirs and representatives as per the Aindu
Succession Act& 4>K %y which he was governed at the ti#e of his death, 'he wife of Shri
)ndravadan Bordhandas 8atel na#ely S#t, Mina-i 8atel had pre=deceased hi# on
>
th
Fe%ruary& 44KJ

C, Fy a Deed of Release dated 3I
th
March& 3??& duly registered with the +Nce of the
Su%=Registrar of Assurances at Mu#%ai under Serial No, FDR=I6DD>63?? and #ade and
e-ecuted %etween Ms, Jayna )ndravadan 8atel alias Mrs, Jayna Nira/ 8atel& therein referred to
as ;the Releasor< of the +ne 8art and Shri Aitesh )ndravadhan 8atel& %eing the +wner herein
and therein referred to as ;the Releasee< of the +ther 8art& the Releasor therein released
and6or relinEuished& conveyed and assured all her undivided share& right& title and interest in
the said property and in the said e-isting %uilding in favour of the Releasee therein in the
#anner contained thereinJ

D, )n the pre#ises& the +wner herein is the sole and a%solute owner of the said property
to the e-clusion of Ms, Jayna )ndravadan 8atel alias Mrs, Jayna Nira/ 8atel and is otherwise
seiLed and possessed of the said propertyJ

C, 'he 8roperty Register Card in respect of the said property stands in the na#e of the
+wner hereinJ
F 'he 8arty of the Second 8art is a #onthly tenant of the +wner and is in use and
occupation of residential Flat No, ?& ad#easuring I>? sE, ft, carpet area0 on the
st
9oor&
of the %uilding known as ;Sanga#< situate at "D Di-it Cross Road No,& Vile 8arle .Cast0&
Mu#%ai I?? ?>! .hereinafter for the sake of %revity referred to as ;the said +ld 8re#ises<0
and is paying a #onthly rent of Rs,4>6= .Rupees +ne Aundred and Ninety Five only0& which
is inclusive of all ta-es to the +wner in respect thereof,, 'he copies of the Rent Receipt are
hereto anne-ed and collectively #arked as 7nnexure I7IJ

B, 'he said %uilding known as ;Sanga#< is in a dilapidated condition and reEuires heavy
repairs, 'he +wner therefore %eing desirous of re=developing the said property has conferred
and granted unto and in favour of the Developer& the develop#ent rights in respect of the
said property upon the ter#s and conditions agreed upon %etween the#J

A, 'he +wner and the Developer are desirous of re=developing the said property %y
de#olishing the said e-isting %uilding and constructing a new %uilding thereon consisting of
ground on stilt and 3 .twelve0 or #ore upper 9oors .hereinafter referred to as ;the said new
%uilding<0 in accordance with the plans sanctioned %y the MCBM and in accordance with the
Develop#ent Control Regulations for Breater Mu#%ai& 44 and laws in force fro# ti#e to
ti#eJ

), 'he 'enant had @led a RAD Suit %earing No, >!" of 3?? in the Court of S#all
Causes at Mu#%ai .hereinafter referred to as ;the said suit<0 against the +wner and the
Developer herein & inter=alia to restrain the Defendants therein and6or their agents&
assignees and6or any other persons clai#ing through the# fro# dispossessing the 'enant
herein of and fro# the said +ld 8re#ises without providing the# per#anent alternate
acco##odation in the said new %uildingJ

J, 'he 'enant have consented to the proposed re=develop#ent of the said property
upon the +wner6Developer agreeing to provide to the 'enant one self=contained 9at
eEuivalent to an area of their e-isting pre#ises in the said %uilding plus an additional ??
sE,ft, %y way of usa%le carpet area& free of costs on ownership %asis in the proposed new
%uilding to %e constructed on the said property,

M, 'he 8arties hereto are desirous of resolving the disputes and have therefore
negotiated and reached a #utual understanding a#ongst the#selves %y @ling consent
ter#s in the Court of S#all Causes at Mu#%ai, ,

(, 'he parties hereto are desirous of recording the said ter#s and conditions in the
#anner hereinafter appearing,

0DG :=I9 I0D<0:AB< GI:0<99<:= 70D I: I9 =<B<!F 7EB<<D !F 70D
!<:G<<0 :=< /7B:I<9 79 =<B<I07$:<B 7//<7BI0EH"

, )t is agreed that all the recitals contained hereina%ove shall for# an integral and
operative part of this Agree#ent as if the sa#e are reproduced herein ver%ati#,

3, 'he +wner and the Developer are desirous of re=developing the said property %y
de#olishing the said e-isting %uilding and constructing a new %uilding thereon consisting of
ground on stilt and 3 .twelve0 or #ore upper 9oors .hereinafter referred to as ;the said new
%uilding<0 in accordance with the plans sanctioned %y the MCBM and in accordance with the
Develop#ent Control Regulations for Breater Mu#%ai& 44 and laws in force fro# ti#e to
ti#e,

D, )n lieu of the tenancy rights of tenant in respect of the 9at No, ? ad#easuring I>?
sE, ft, .carpet area0 on the
st
.@rst0 9oor of the %uilding known as ;Sanga#< standing on the
said property .hereinafter referred to as ;the said +ld 8re#ises<0 and #ore particularly
descri%ed in the Second Schedule hereunder written& the owner and Developer agree and
under take to provide New 9at in the Fuilding to %e constructed ad#easuring >>? carpet
usa%le area & on ;ownership %asis< and free of cost to the 'enant& in the said new %uilding to
%e constructed after de#olishing the e-isting %uilding known as ;Sanga#< .hereinafter
referred to as ;the said new pre#ises<0 and #ore particularly descri%ed in the 'hird
Schedule hereunder written, 'he copy of tentative6proposed 9oor plan of the said new
pre#ises is hereto anne-ed and #arked as Anne-ure O555<, 'he usa%le carpet area shall
include dry %alcony& 9ower %ed& niche& passage& doorsill& etc, 'he +wner has given a copy of
the proposed6tentative %uilding plan of the said new %uilding to %e constructed on the said
property to the 'enant, :ithin D? days of sanction of the %uilding plans in respect of the said
new %uilding& the +wner& the Developer and the 'enant shall identify and ear#ark the said
new pre#ises to %e allotted to the 'enant in the said new %uilding& on the sanctioned
%uilding plan,

I, 'he +wner and the Developer here%y undertakes and covenants not to encu#%er&
sell or transfer the said new pre#ises of 'enant in any #anner whatsoever,

>, 'he +wner shall& if reEuired give undertaking to F,M,C, and other authorities
regarding the per#anent alternate acco##odation to %e given to the 'enant on
;+wnership Fasis<,

K, )t is agreed and understood that the co##on terrace a%ove the top#ost 9oor of the
said new %uilding e-cluding the area of the water tank& lift& #achine roo# shall always
a%solutely and e-clusively %elong to the +wner and the +wner has full right& a%solute
authority& and unfettered discretion to use the sa#e in any lawful #anner, 'he 9at=holders
shall %e entitled to have only a li#ited access to such portion of the co##on terrace where
the water tank and lift #achine roo# are located for carrying out #aintenance and repair
work to the water tank and lift #achine roo#,

!, Si#ultaneously upon Registration of this Agree#ent & the 'enant shall re#ove
hi#self alonwith his fa#ily #e#%ers and all his %elongings fro# the said +ld 8re#ises and
has handed over the Euiet& vacant and peaceful possession of the said +ld 8re#ises to the
+wner for the purpose of de#olition and redevelop#ent thereof %y the Developer, )t is
here%y agreed %etween the parties hereto that the +wner or the Developer shall not %e
reEuired to provide any te#porary alternate acco##odation to the 'enant and the 'enant
shall #ake his own arrange#ents for the sa#e, 8rovided Aowever& the Developer shall pay
to the 'enant a rent6 co#pensation not e-ceeding a su# of Rs, K? .Rupees Si-ty +nly0 of
e-isting carpet area of the said old pre#ises per #onth per sE, ft, for a period of 3I #onths
in the following #anner2

.i0 'he Developer has paid an aggregate su# of Rs,5 D&3I&??&???6= .Rupees 'hree (acs
and 'wenty Four 'housand5 only0 vide cheEue %earing No, !IDI!4 dated 3?
th
August& 3??
of Fank of Faroda at the rate of Rs, K?6= .Rupees Si-ty +nly0 of e-isting carpet area of the
said tenanted pre#ises per #onth per sE, ft, towards rent6co#pensation for te#porary
alternate acco##odation for a period of 3 .twelve0 #onths .the receipt whereof the 'enant
doth here%y ad#its and acknowledges and forever acEuits& releases and discharges the
Developer fro# the pay#ent of the sa#e0J

.ii0 'he Developer shall pay an aggregate su# of Rs, D&3I&??&???6= .Rupees 'hree (acs
and 'wenty Four 'housand5 only0 at the rate of Rs, K?6= .Rupees Si-ty +nly0 of e-isting
carpet area of the said tenanted pre#ises per #onth per sE, ft, towards rent6co#pensation
for te#porary alternate acco##odation for a further period of 3 .twelve0 #onths and
thereafter an Aowever in the event of further delay %eyond the period of 3I #onths& the
+wner or the Developer shall %e lia%le to pay co#pensation for te#porary alternate
acco##odation with ?W increase after every 3 #onths till the tenant is handed over
possession of agreed New pre#ises,

", 'he 'enant here%y agrees that upon taking possession of the said new pre#ises& he
shall sign and e-ecute the usual agree#ent and necessary for# and papers provided under
the Maharashtra +wnership Flats .Rules R Regulation0 Act& 4KD of reEuired, 'he 'enant
here%y agrees to %eco#e a #e#%er of the Co=operative Aousing Society6Condo#iniu# or
any other Co##on +rganiLation that shall %e for#ed %y the 9at=holders of the said new
%uilding, 'he 'enant shall %e lia%le to the +wner& and thereafter to the Co=operative housing
society6Condo#iniu# or any other Co##on +rganiLation when for#ed& for the pay#ent of
the share #oney& entrance fee& proportionate ta-es& #aintenance charges and outgoings in
respect of the said new pre#ises fro# the date of possession thereof& and a%ide %y the %ye=
laws& rules and regulations fra#ed and6or adopted %y the Society6 Condo#iniu# or any
other Co##on +rganiLation for ti#e to ti#e,

4, 'he Developer shall carry out and co#plete the work of construction of the said new
%uilding and oTer possession of the said new pre#ises to the 'enant within a period of 3I
#onths fro# the date of receipt of the Co##ence#ent Certi@cate with a grace period of K
.si-0 #onths, Aowever the ti#e li#it for co#pletion shall stand auto#atically e-tended in
the event of delay in co#pletion due to following circu#stances2

.i0 war& civil co##otion or act of Bod or force #a/eure circu#stances aTecting the said
property and

.ii0 any notice& order& rule& noti@cation of the Bovern#ent or other pu%lic& /udicial or
co#petent authority granting stay or in/unction against develop#ent there%y aTecting the
develop#ent in respect of the said property then notwithstanding anything contained in
these presents& the ti#e for co#pletion of the said new %uilding shall stand auto#atically
e-tended in any of the a%ove eventualities and the +wner and6or the Developer shall %e
lia%le to pay any co#pensation for te#porary alternate acco##odation with ?W increase
after every 3 #onths till the tenant is handed over possession of agreed New pre#ises,

?, 'he +wner and the 'enant respectively shall discharge their o%ligations under the
e-press ter#s and conditions of these presents, )t is here%y agreed %y and %etween the
parties hereto that the rent in respect of the said old pre#ises will re#ain suspended fro#
the date of tenant signing this agree#ent till the 'enant is handed over possession of the
said new pre#ises,

, 'he +wner declares that he has received rent fro# the 'enant upto date and has no
clai#s in respect thereof,

3, )t is however e-pressly agreed %y and %etween the parties hereto that the +wner has
agreed to allot the said new pre#ises free of cost on ownership %asis to the 'enant on the
e-press understanding and assurance of the 'enant that he shall co=operate and co#ply
with all the ter#s of this agree#ent& without causing any o%struction6 hindrance of
whatsoever nature to the ti#ely co#pletion of the develop#ent of the said property as
envisaged herein and shall if reEuired sign and e-ecute all applications& letters and other
necessary docu#ents and papers as #ay %e reEuired %y the Municipal Corporation of the
Breater Mu#%ai .MCBM0 and6or any other Authority for sanctioning the a#ended %uilding
plans& )nti#ation of Disapproval .)+D0& Co##ence#ent Certi@cate .CC0 and overall
develop#ent of the said property,

D, 'he 'enant shall not without the prior per#ission of the +wner& transfer or assign his
tenancy rights and6or create third party rights of whatsoever nature in the said +ld 8re#ises
and6or his rights in respect of the said new pre#ises till period of 3I #onths or handing
over of possession of the said new pre#ises which ever is earlier,

I, )t is agreed %etween the parties hereto& that the +wner shall give prior notice of D?
.thirty0 days in writing to the 'enant and his Advocate Shri Anil (, Bala having oNce at DI&
Ja#na Fuilding& 343& (,', Marg& Mu#%ai I?? ??3 & when the said new pre#ises is ready for
use and occupation and co#plete in all respects, 'he 'enant shall %e lia%le to pay to the
+wner& #aintenance and other outgoings in respect of the said new pre#ises fro# the
date of occupation certi@cate and possession of the said new pre#ises %y the Developer&
After the receipt of +ccupation Certi@cate tenant shall %e lia%le to pay ta-es and
#aintenance charges, 'he Developer shall not %e lia%le to pay the rent for te#porary
alternate acco##odation to the 'enant fro# the date of Developer handing over possession
of the said new pre#ises to the 'enant, After the free period of two #onths for furniture
and @-ture ,

>, 'he 'enant shall sign all the papers and docu#ents which #ay %e reEuired for the
for#ation of the Society6Condo#iniu# or any other Co##on +rganiLation of all the 9at=
holders of the said new %uilding on the said property, )n the event& any of the 'enant not
signing the papers and docu#ents reEuired for for#ation of the Society6Condo#iniu# or
any other co##on organiLation& the +wner shall not %e lia%le to conseEuences of not
for#ing the Society6Condo#iniu# or any other co##on organiLation, 'he Developer in the
capacity of the 8ro#oter shall cause the Society6Condo#iniu# or any other Co##on
+rganiLation to %e for#ed of all the 9at=holders of the said new %uilding and cause the
'enant to %e enrolled hi# as the #e#%er in Society6Condo#iniu# or any other Co##on
+rganiLation upon pay#ent of the reEuired a#ounts6 charges as set in Clause 5555
hereunder,,

K, 'he 'enant here%y agrees to sign and deliver to the +wner %efore taking possession
of the said new pre#ises and also thereafter all writings and papers as #ay %e reasona%ly
necessary and reEuired %y the +wner and the Developer including 8ossession (etter&
electric #eter& transfer for#s and other papers& necessary and e-pedient for for#ation
and registration of the Society6 Condo#iniu# or any other Co##on +rganiLation to %e
for#ed of all the 9at=holders of the said new %uilding,,

!, 'he tenancy rights of the 'enant in the said +ld 8re#ises shall stand auto#atically
surrendered 6 #erged upon the +wner6 Developer handing over possession of the said new
pre#ises to the 'enant without reEuiring any further writing or act and that the 'enant shall
not %e entitled to clai# tenancy rights in the said new %uilding or any part thereof of
whatsoever nature against the +wner and the 'enant further agrees to inde#nify and keep
inde#ni@ed the +wner and the Developer against the sa#e,

", 'he 'enant shall also pay to the +wner6Developer at the ti#e of delivery of
possession of the said new pre#ises to the 'enant& the following2

.a0 Rs,D>?6= .Rupees 'hree Aundred and Fifty only0 as share #oney and entrance
fee for #e#%ership of the Society6 Condo#iniu# or any other Co##on +rganiLation to %e
for#ed of all the 9at=holders of the said new %uilding

.%0 a su# for for#ation and registration of the Co=operative Aousing
Society6Condo#iniu# or any other Co##on +rganiLation& to %e deter#ined %y the +wner,

.c0 a su# eEuivalent to si- #onths #aintenance charges as deposit towards his
share6contri%ution to the Municipal ta-es& water charges and the #aintenance charges of
the said property till the for#ation and registration of Society6 Condo#iniu# or any other
Co##on +rganiLationJ and

.d0 a su# towards Clectric deposits to %e deter#ined %y the +wner, +n actual
deposits,

4, 'he 'enant declares and the +wner here%y agrees and accepts that the 'enant is at
present residing with his son Mr, Naresh 8, Manakia, )n the event of the death of the 'enant
prior to possession %eing oTered to hi#& su%/ect to No +%/ection Certi@cate fro# the other
legal heirs and representatives the said new pre#ises shall %e allotted to the son Shri
Naresh 8, Manakia without any clai# or o%/ection %y Developer,

3?, All charges for preparing of this agree#ent i,e, Sta#p Duty and Registration
charges& of the said agree#ent upto a su# of Rs,>?&???6= .Rupees Fifty 'housand only0
shall %e %orne and paid %y the 'enant alone and any additional a#ount a%ove a su# of
Rs,>?&???6= .Rupees Fifty 'housand only0 shall %e paid %y the +wner,

3, Cach party shall %ear and pay the professional fees of their respective Advocates
and Solicitors,

I0 GI:0<99 G=<B<D$ the parties hereto have herein to set and su%scri%ed their
respective hands on the day and year @rst hereina%ove written,

:=< 9=<DAC< 7!D< B<$<BB<D :D2
(Description of $the said property')

A(( that piece or parcel of land %eing lying and situate at Vilalge Vile 8arle& 'aluka Andheri
%earing original 8lot No,!!& !" and !4 @nal 8lot No,4I of 'own 8lanning Sche#e No,3 of
Vile 8arle .Cast0& %earing CS' No,K3 ad#easuring ?DD sE,yds eEuivalent "KD,!" sE,#trs,
or therea%outs together with the %uilding known as ;SANBAM< %eing situate at Di-it Road&
Vile 8arle .Cast0& Mu#%ai I?? ?>!& standing thereon& in the Registration District and Su%=
District of Mu#%ai Su%ur%an District& Municipal :ard ;M6Cast<,

9<D0D 9=<DAC< D$ :=< DCD /B<;I9<9
(Description of $the said old pre&ises')

Residential 9at No, ? ad#easuring 5I>? sE, ft, . carpet area0 on the 5
st
.@rst0 9oor of the
%uilding known as ;Sanga#< standing on the said property #ore particularly descri%ed in
the First Schedule hereina%ove,,

:=IBD 9=<DAC< D$ :=< 0<G /B<;I9<9
(Description of $the said ne# pre&ises')

Residential 9at ad#easuring >>? sE, ft, .usa%le carpet area0 on the
st
Floor .i,e, I>? ]
?? 0 in the proposed new %uilding to %e constructed on the property #ore particularly
descri%ed in the First Schedule hereina%ove, ,

withinna#ed ;+:NCR< 0
=I:<9= I0DB7#7D=70 /7:<C 0
)n the presence ofU 0

withinna#ed ;'CNAN'< 0
/B7#I0=70DB7 alias /B7#I0!=7I 5
!=7EG70D79 ?707?I7 0
)n the presence ofU 0

:ithinna#ed ;Developer< 0
;2 D09:BA:ID0 D;/70F 0
through its AuthoriLed 8artner& 0
Mr, 55555555555555555555 0
)n the presence ofUUUUUUUUUU,0

B<<I/:

B<<I#<D the day and the year @rst hereina%ove written of and fro# the withinna#ed
'enant& a su# of Rs,555555555555555556= .Rupees
555555555555555555555555555555555555555 only0 %eing the part consideration towards the
additional area purchased as within #entioned paid %y the# to us& details& whereof are as
under2

Pa(ee Cheque No. Date Drawn on
Amount
Rs.

"ota,

) SA7 RCCC)VCD

4A)'CSA )NDRAVADAAN 8A'C(5
DG0<B
:itness 2

,

3,

-tandard indi)idual %ree&ent for Ne# Flat

7EB<<;<0:
:=I9 7EB<<;<0: is #ade at Mu#%ai this 55555 day of 555555555 in the Christian 7ear 'wo
'housand Nine .3??40 FC':CCN ;J91 J1 /1 I0$B7 /BDJ<:9 /#:1 C:D1 a co#pany duly
incorporated under the Co#panies Act& 4>K& having corporate identity No,PI>3? ?MA3??K
8'C K?I3"& having their oNce at ?? V)8 8laLa& Bround 9oor& "6!& Veera )ndustrial Cstate&
+T New (ink Road& Andheri .:est0& Mu#%ai I???>D& hereinafter referred to as ;t+e
De%elo*ers< .which e-pression shall unless it %e repugnant to the conte-t and #eaning
thereof shall dee#ed to #ean and include its& successors in interest and assigns0 of
the $IB9: /7B:2
AND
970J7F E70D=I 07E7B B7=7#79I 970E=7:07& through the 'rustees .0 Mr, Fhaskaran
M, Sa#%awar& .30 Mr, Janakra# F, :adekar& .D0 Mr, Falira/ C, 7adav& .I0 Mr, Rai Sahe% ), Singh&
.>0 Mr, Dattara# S, Burav& .K0 Mr, Aa#sa A, Sayyad& .!0 Mr, Mohanpyare F, Singh& ."0 Mrs,
Buru%ai M, Moli& .40 Mr, Vilas C, Raichurkar& .?0 Mr, Marntaprasad F, 7adav& .0 Mr, Dinkar C,
8ara%& .30 Mrs, Sheetal S, More& .D0 Mr, 8urushotta# (, Shettigar& .I0 Mr, Devanand S,
8alav& .>0 Mr, 8rakash F, Baikwad& a Society duly registered under Fo#%ay 8u%lic 'rust Act&
4>? at Serial No,F=K"43 .Forn0 and also under Society Registration Act& 4K? at serial No,
Fo#%ay D>"6" BFFSD having their registered oNce at Survey No,3K!& Aissa No,6 having
corresponding C'S No, K? .8art0 situated at opposite Bokuldha#& Boregaon Mulund (ink
Road& now known as Beneral Arunku#ar Vaidya Marg& Malad .Cast0& Mu#%ai I?? ?4!&
hereinafter referred to as ;t+e 9ociety< .which e-pression shall unless repugnant to the
conte-t and #eaning thereof %e dee#ed and #ean to include 8resent Co##ittee and
co##ittee appointed fro# ti#e to ti#e& 'rustees for the ti#e %eing and trustees appointed
fro# ti#e to ti#e and also #e#%ers of society and their heirs& legal representatives&
ad#inistrators0 of the 9<D0D /7B:J

A N D
555555555555555555555555555 aged 555 of Mu#%ai )ndian )nha%itant residing at
5555555555555555555555555 hereinafter referred to as Ot+e ;emberI which e-pression shall
his6her heirs& e-ecutors& ad#inistrators and assigns0 of the :=IBD /7B:1

G = < B < 7 9 2
A, 'he Society is the owner of and is seiLed and possessed of and6or otherwise well and
suNciently entitled to all that piece and parcel of land ad#easuring 4?I sE, #trs, or
therea%outs %earing Survey No,3K! Aissa No, having corresponding C'S No,K?.8art0&
opposite Bokuldha#& Boregaon Mulund (ink Road& now known as Beneral Arunku#ar Vaidya
Marg& Malad .Cast0& Mu#%ai I???4! and #ore particularly descri%ed in the First Schedule
hereunder written .hereinafter for the sake of %revity referred to as ;t+e said *ro*ertyO0J
F, 'he said property has %een declared6is a census Oslu#O %y the Deputy Collector&
.CNC0 vide its Noti@cation dated 5555555555 and %earing No,555555555J
C, 'he Me#%er is the %ona@de #e#%er of the Society and is in use and occupation of
'ene#ent No, 55555 on 55555 9oor ad#easuring 5555555 sE,ft, .carpet area0 in the Chawl
standing on the said property %elonging to the Society .hereinafter referred to as the
e-isting tene#ent0J
D, Fy a registered Develop#ent Agree#ent dated 555555 .hereinafter referred to as ;the
said Develop#ent Agree#ent<0 and #ade %etween the Society of the +ne 8art and the
Developers herein of the +ther 8art& the Society with the consent and con@r#ation of the
Me#%ers have granted and conferred unto the Developers& develop#ent rights in respect
of the said property %y de#olishing the e-isting chawls and structures standing thereon and
constructing %uilding for reha%ilitation of the #e#%ers and sale %uilding for sale in the open
#arket %y e-ploiting the entire potential FS) availa%le on the said property and also e-ploit
'DR6FS) as #ay %e constructed on the said property as per the DC Regulation %y purchasing
the 'DR of other properties at Developers cost at or for the consideration and on the ter#s
and conditions therein containedJ
C, )n pursuance of the said Develop#ent Agree#ent& the Society has also e-ecuted a
registered 8ower of Attorney dated 55555555 in favour of the Developer and6or its Directors
authoriLing the# to do all acts& deeds& #atters and things in respect of the redevelop#ent
of the said property as setout thereinJ
F, )n consideration of the Society granting& conferring and entrusting develop#ent
rights in respect of the said property& the Developer has to free of cost construct and
handover to the Society& D! 9ats ad#easuring DD? sEuare feet usa%le carpet area for its
#e#%ers su%/ect to the ter#s and conditions as setout thereinJ
B, )n pursuance of the said Develop#ent Agree#ent& the Developer has prepared and
su%#itted the plans for construction of .one0 reha% %uilding to co#prise of 555 :ings, Cach
:ing shall inturn co#prise of ground and 4 .nine0 or such upper 9oors as #ay %e per#itted
to %e constructed for reha%ilitation of the #e#%ers of the portion of the property having
.hereinafter referred to as Othe said %uildingO0J
A, Ppon drawing of lots& the Me#%er has %eco#e entitled to new Flat No,5555
ad#easuring 5555 sE, ft, .usa%le carpet area0 on the 5555 9oor of 55555 :ing in the said
%uilding to %e constructed on the said property and as detailed in proposed Floor 8lan hereto
anne-ed and #arked 7nnexure 678 and #ore particularly descri%ed in the Second
Schedule hereunder written .hereinafter referred to as ;t+e ne. ,at<0J
), )n pursuance of the ter#s of the said Develop#ent Agree#ent& the parties hereto
have agreed to e-ecute an agree#ent in respect of the said new 9at and hence these
presentsJ
0DG :=I9 I0D<0:AB< GI:0<99<:= 70D I: I9 =<B<!F 7EB<<D !F 70D !<:G<<0
:=< /7B:I<9 =<B<:D 79 $DCCDG9H"
, 'he recitals contained hereina%ove shall for# an integral and operative part of this
Agree#ent as if sa#e were incorporated herein ver%ati#,
3, 'he parties do and each of the# doth here%y record& declare and con@r# that the
said Develop#ent Agree#ent dated 5555555555 and 8ower of Attorney also dated
555555555 e-ecuted %y the Society in favour of the Developer is valid& su%sisting&
%inding and in full force and eTect,

D, 'he Developer is proposing to develop all that piece and parcel of land ad#easuring
4?I sE, #trs, or therea%outs %earing Survey No,3K! Aissa No, having corresponding C'S
No,K?.8art0& opposite Bokuldha#& Boregaon Mulund (ink Road& now known as Beneral
Arunku#ar Vaidya Marg& Malad .Cast0& Mu#%ai I???4! #ore particularly descri%ed in the
First Schedule hereunder written .hereinafter referred to as Othe said propertyO0 %y
de#olishing the e-isting chawls and structures standing thereon and constructing new
%uilding.s0 thereon %uilding.s0 for reha%ilitation of all the Me#%ers of the Society&
.hereinafter referred to as ;t+e re+ab buildings <0 and or #ore co##ercial6residential
%uilding6s for sale in the open #arket .hereinafter referred to as Ot+e said sale buildingsO0
and other infrastructure6a#enities that #ay %e reEuired to %e handed over to the
MAADA6MCBM6SRA and6or any other Co#petent Authority %y utilising the entire FS) including
'DR FS) as #ay %e per#itted to %e loaded on the said property and to construct and sell the
constructed pre#ises in the sale %uildings constructed thereon on such ter#s and conditions
as #ay %e feasi%le and at the a%solute discretion of the Developers,

I, .a0 'he Developer shall cause the %uilding plans in respect of the reha% %uilding to
%e sanctioned and o%tain )nti#ation of Disapproval .),+,D,0 in respect of the said %uilding
and construct the said %uilding in accordance with the plans that #ay %e sanctioned %y the
MCBM6SRA6MAADA and any other co#petent authority, )t is here%y agreed %y and %etween
the parties hereto that the Developer shall %e entitled to a#end and revise the %uilding
plans& speci@cations& drawings and designs for construction of the new %uilding provided
such a#end#ents does not pre/udice the rights of the Me#%er under this Agree#ent,
.%0 Su%/ect to the Society co#plying with its o%ligations as setout in the said
Develop#ent Agree#ent dated 55555555& the Developer shall o%tain the Co##ence#ent
Certi@cate .C,C,0 in respect of the said %uilding6wing within a period of 5555 #onths fro# the
date of the Society handing over vacant and peaceful possession of the said property6pocket
as setout in the said Develop#ent Agree#ent,
>, :ith a view to ena%le to Developers to redevelop the said property& the Me#%er has
agreed to vacate and hand over Euiet vacant and peaceful possession of the e-isting
'ene#ent %earing No,5555 ad#easuring 3I? sE, ft, .carpet area0 on the 555 9oor of the said
e-isting Chawl .hereinafter referred to as ;the said e-isting tene#ent<0 for the purposes of
redevelop#ent to the Developer and the Developer as directed %y the Society has agreed to
construct for the %ene@t of the Me#%er free of cost& on ;ownership %asis<& Flat No,5555
ad#easuring DD? sE, ft, .usa%le carpet area0 .i,e, the e-isting area of 55555 sE, ft, plus 5555W
additional area ad#easuring 5555 sE, ft,0 on the 5555 9oor in the 5555 :ing of the proposed
new %uilding as detailed in the 9oor plan anne-ed hereto as 7nnexure 678 and #ore
particularly descri%ed in the Second Schedule hereunder written alongwith a#enities and
facilities as setout in Anne-ure ;D< to the said Develop#ent Agree#ent and which a#enities
and facilities are #ore particularly setout in7nnexure 678 anne-ed hereto .hereinafter
referred to as ;the said new 9at<0,

ANNEX-B
K, )n addition to the said new 9at& the Me#%er shall also %e entitled to .one0
podiu#6open car=parking space %earing No,555 ,

!, .a0 'he Me#%er shall #ake its own provision for te#porary alternate
acco##odation6transit acco##odation during the period of redevelop#ent of the said
property at its own cost, Aowever the Developer shall %e lia%le to pay to each Me#%er of the
Society rent of Rs,>???6= .Rupees Five 'housand +nly0 per #onth for a period of D? .thirty0
#onths fro# the date of all the Me#%ers handing over vacant and peaceful possession of
their respective tene#ents to the Developer for de#olition, 'he Developer shall
si#ultaneously with the Me#%er vacating and handing over vacant and peaceful possession
of the e-isting tene#ent& handover to the Me#%er post dated cheEues %eing the
advance rent for a period of #onths fro# the date of the Me#%er vacating and handing
over possession of the e-isting tene#ent,

.%0 Fefore the e-piry of
th
#onth& the Developer shall handover post dated cheEues
for advance rent for period of further #onths and thereafter %efore the e-piry of
33
nd
#onth& the Developer if reEuired shall handover post dated cheEues for advance rent
for the %alance period of redevelop#ent,

.c0 8rovided further that if the Developer fails to handover possession of the duly
co#plete reha% %uilding alongwith +ccupation Certi@cate in respect thereof within a period
of D? .thirty0 #onths fro# the Developer %eing put in vacant and peaceful possession of the
said property& then in that event the Developer shall %e lia%le to pay to each Me#%er rent of
Rs,!&???6= .Rupees Seven 'housand +nly0 per #onth for such delayed period,

", )t is however e-pressly agreed %y and %etween the parties hereto that the Developer
at the instance of and on %ehalf of the Society& have agreed to allot the said new 9at
ad#easuring DD? sE, ft, .usa%le carpet area0 in the proposed %uilding to %e constructed free
of cost on ownership %asis to the Me#%er as an incentive and on the e-press understanding
and assurance of the Me#%er that he6she shall co=operate and co#ply with all the ter#s of
this Agree#ent& without causing any o%struction6 hindrance to the ti#ely co#pletion of the
develop#ent of the said property and shall if reEuired sign and e-ecute all applications&
letters and other necessary docu#ents and papers as #ay %e reEuired %y the SRA6Municipal
Corporation of the Breater Mu#%ai .MCBM06MAADA and6or any other Authority for o%taining
the CC and overall develop#ent of the said property,
4, Su%/ect to force #a/eure conditions& availa%ility of ce#ent and steel and other
reasons %eyond the control of the Developer including any stay order or any other order %y
the Court and6or any 8u%lic Authority or any o%struction6 i#pedi#ent6litigations whosoever
de#olish the e-isting structure including the e-isting tene#ent and co#plete construction
and hand over possession of the duly co#pleted new 9at alongwith the a#enities and
facilities alongwith +ccupation Certi@cate .+,C,0 in respect thereof within a period of 3I
.twenty=four0 #onths with K .si-0 #onths grace period fro# the date of Society handing over
vacant and peaceful possession of the said property, Save and e-cept as setout herein& in
the event of the Developer failing to handover possession of the duly co#pleted reha%
%uildings alongwith +ccupation Certi@cate .+,C,0& the Developer shall pay to each Me#%er a
su# of Rs,?&???6= .Rupees 'en 'housand +nly0 as and %y way of penalty,

?, )f there is any delay on the part of the Society in causing its Me#%ers to vacate their
respective tene#ents within the stipulated ti#e& the Developer shall have corresponding
e-tension of ti#e %eyond the period of D? #onths, Si#ilarly& the Developer shall have
corresponding e-tension of ti#e %eyond the aforesaid period of D? #onths& if any hindrance
or o%struction is caused %y the Society and6or %y any of the Me#%ers .or anyone clai#ing
through the#0 without suNcient cause& in the Developer carrying out and co#pleting the
construction work referred to hereina%ove,

, 'he Me#%er shall within a period of D? days fro# receiving written inti#ation fro#
the Developer to vacate the e-isting tene#ent& re#ove the#selves& their fa#ily #e#%ers&
licensees& no#inees& servants and agents including all their furniture& @-tures& @ttings and
other paraphernalia therefro# and handover vacant and peaceful possession of the e-isting
tene#ent to the Developer for de#olition,

3, Ppon the Me#%er delivering vacant and peaceful possession of the e-isting
tene#ent to the Developer& the Developers shall %e entitled to de#olish the sa#e and
co##ence the work of construction of the proposed new %uilding thereon as per approved
and sanctioned plan issued %y SRA6MCBM6MAADA and6or any other co#petent authority
and the Me#%er here%y gives his6her6their irrevoca%le consent and authority to the
Developer to de#olish the said e-isting tene#ent without further recourse to the Me#%er in
any #anner whatsoever,

D, 'he Me#%er undertakes and covenants with the Developers that co##encing D?
days after notice is given %y the Developer to the Me#%er that the said new 9at is ready for
use and occupation& the Me#%er shall %e lia%le to %ear and pay all ta-es& charges& duties&
levies& #aintenance and other outgoings which are reEuired to %e paid to the Society in
respect of the sa#e,
I, 'he Me#%er here%y covenants that he6she6they shall do all the following acts&
deeds& #atters and things2=

.a0 to support any resolution as #ay %e necessary to %e o%tained %y the Developer in
connection with this Develop#ent Agree#ent and also for the purpose of construction of the
new %uilding6s upon the said propertyJ

.%0 not to create any o%stacle6i#pedi#ent6o%struction6 litigation of whatsoever nature in
and during the period of construction of the new %uilding6s in the #anner envisaged herein
including on the grounds that these ter#s of redevelop#ent are pre/udicial to the interest of
#inority #e#%ers or any reason whatsoever,

>, 'he Me#%er here%y declares and states that no one e-cept hi#self6 herself has any
right& title or interest of any nature whatsoever in the e-isting tene#ent or any part thereof&
and that he has not created any third party rights therein or parted with possession of the
sa#e or any part thereof& to any third party& or created any charge or encu#%rance of any
nature whatsoever therein or any part thereof& and shall inde#nify and keep inde#ni@ed the
Developer fro# and against clai#s received fro# any third party including any fa#ily
#e#%er and6or relatives of the Me#%er,

K, 'he Developer shall& if reEuired %y the Me#%er on or %efore or upon taking
possession of the said new 9at in the proposed %uilding to %e constructed& sign and e-ecute
the usual agree#ent as provided under the Maharashtra +wnership Flats .Rules R
Regulation0 Act& 4KD, Further sta#p duty and registration fees paya%le on such Agree#ent
and legal fees for drafting such agree#ent shall %e %orne and paid %y the Developer only,

!, 'he Me#%er on taking possession of the per#anent alternate acco##odation
pre#ises viL,& the said 9at in the proposed new %uilding shall hold the sa#e as HownerG
thereof& as if he had acEuired the sa#e on HownershipG %asis in pursuance of the provisions
of Maharashtra +wnership Flats Act 4KD,

", 'his Agree#ent %etween the parties hereto shall %e treated as irrevoca%le HNo
+%/ectionG fro# the Me#%er for the re=develop#ent of the said property& as per the plans
that #ay %e sanctioned fro# ti#e to ti#e %e sanctioned %y the SRA6MCBM6MAADA and6or
the co#petent authority %y using and consu#ing the entire availa%le FS) and the 'DR in
respect of the said property and accordingly the Developer shall %e entitled to produce this
agree#ent %efore all concerned authorities,

4, )t is further agreed %etween the parties hereto that the clai# of the +wner against
the Developer shall %e li#ited to the said 9at and the car parking space agreed herein to %e
granted to hi#6her in the proposed new %uilding to %e constructed on the said property and
the %ene@t6right to use6avail of the co##on facilities6areas therein& and he6she shall have no
clai# or de#and to or share in any additional construction that #ay at any ti#e %eco#e
availa%le on the said property on any %asis whatsoever and6or de#and any #onetary or any
other consideration,

3?, 'he Me#%er agrees and undertakes to #ake sign and e-ecute all necessary letters&
declarations& applications& deeds& docu#ents& papers& for#s& declarations& writings etc, as
#ay %e reEuired for facilitating the Developer for carrying out the redevelop#ent of the said
property as envisaged herein including for de=noti@cation& for su%#itting the plans to or
o%taining sanctions and approvals of plans fro# the SRA6MAADA6 MCBM& P(C and other
concerned authorities& purchasing and loading 'DR and necessary applications to the
Charity Co##issioner for clari@cation& renewal& etc, and shall co=operate with the
Developers to ena%le the# to redevelop the said property,

3, Save and e-cept the clauses setout hereina%ove& all the clauses in the Develop#ent
Agree#ent e-ecuted %etween the Society and the Developer& which are not contrary to the
aforesaid ter#s& shall %e treated as part of this Agree#ent and shall %e %inding %etween the
Developer& Me#%er and the Society,

33, 'his Agree#ent shall accrue to the %ene@t of the respective no#inees& transferees&
assigns& heirs& e-ecutors and ad#inistrators of the Me#%er, )t is here%y agreed %y and
%etween the parties hereto that in the event of the death of the Me#%er& the decision of the
Society 6Managing Co##ittee in so far as person.s0 entitled to %ene@t of allot#ent of such
9at shall %e @nal and %inding on the Developer,

3D, 'he Me#%er here%y e-pressly declares and con@r#s that he6she6they has6have
e-ecuted these presents on his6her6their own free accord and will and without any coercion
or undue in9uence of whatsoever nature or act upon hi#6her,
3I, 'he Sta#p duty and registration charges in respect of these presents shall %e %orne
and paid %y the Developers alone,
3>, 'his Agree#ent shall %e su%/ect to the e-clusive /urisdiction of Courts in Mu#%ai,
3K, 'he 8er#anent Account nu#%ers of the parties hereto are as under2

NAME PAN N'.
0he 6eveloper
0he Society
0he 5ember
I0 GI:0<99 G=<B<D$& the parties hereto hereunto set and su%scri%ed their respective
hands and seals the day and year @rst hereina%ove written,

:=< $IB9: 9=<DAC< 7!D#< B<$<BB<D :DH

A(( 'AA' piece and parcel of land ad#easuring 4?I sEuare #eters or therea%outs
%earing Survey No,3K!& Aissa 6.p0 C'S No,K?.pt0 of Malad .Cast0 having structure
standing thereon #ore particularly shown in red colour %oundaries on the plan anne-ed
hereto and situated at Malad in the Registration Su%=District of Fo#%ay City and Fo#%ay
Su%ur%an and %ounded as follows2

+n or towards the North 2 %y plot of land %earing C'S No,K?.pt0J
+n or towards the South 2 %y Boregaon Mulund (ink RoadJ
+n or towards the Cast 2 %y plot of land %earing CS No, K? .8t0J
+n or towards the :est 2 %y Village %oundary of Dindoshi,

:=< 9<D0D 9=<DAC< 7!D#< B<$<BB<D :D

Flat No,555 ad#easuring 5555 sE ,ft, .carpet area0 on the 555 9oor in the O555O :ing of the
proposed new %uilding to %e constructed on the portion of the said property descri%ed in
the First Schedule hereunder written,

Fy the withinna#ed Developer 0
;J91 J1 /1 I0$B7 /BDJ<:9 /#:1 C:D1 0
'hrough the hands of its duly authorised 0
Director& Mr,5555555555555555 0

%y the withinna#ed ;Society< 0
970J7F E70D=I 07E7B B7=7#79I 0
970E=7:07 0
'hrough the hands of its 'rustees 0
, Mr, Fhaskaran M, Sa#%avar 0
3, Mr, Janaicra# F, :adekar 0
D, Mr, Falira/ C, 7adav 0
I, Mr, Rai Sahe% ), Singh 0
>, Mr, Dattara# S, Burav 0
K, Mr, Aa#sa A, Sayyad 0
!, Mr, Mohan 8yare F, Singh 0
", Mr, Buru%hai M, Moli 0
4, Mr, Vilas B, Raichurkar 0
?, Mr, Ma#taprasad F, 7adav 0
& Mr, Dinkar B, 8ara% 0
3, Mrs Sheetal S, More 0
D, Mr, 8urushotta# (, Shettigar 0
I, Mr, Devanand S, 8alav 0
>, Mr, 8rakash F, Baikwad 0

S)BNCD& AND DC()VCRCD 0
Fy the withinna#ed 6;<;!<BI 0
5555555555555555555555555555555555 0
of 970J7F E70D=I 07E7B B7=7#79I 0
970E=7:07 0
in the presence of UUUU 0

;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;
6A076 0<IS =====6A> &? ======== $!!/
;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;

M/. $. P. !NFRA PR'$EC" P#". &"D.
... De2e,o.er
A26

AN$AB GAND%! NAGAR RA%A#A!
ANG%A"NA C ociet(

A26

========================
C MemDer

;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;
A@)775720
;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;

7B:IC<9 D$ 7EB<<;<0:

'A)S 7B:IC<9 D$ 7EB<<;<0: #ade at Mu#%ai this 555555 day of 55555555555555 in the
Christian 7ear 'wo 'housand Fourteen .3?I0

!<:G<<0

;J91 977:= D<#<CD/<B9 a partnership @r# registered under the provisions of the )ndian
8artnership Act& 4D3 and having its registered +Nce at D=D& Vrindavan ;F< Fuilding& P#eda
Ashra# Road& Forivali .:0& Mu#%ai = I?? ?43& hereinafter referred to as 6t+e
D.ner8 .which e-pression shall unless it %e repugnant to the conte-t or #eaning thereof&
%e dee#ed to #ean and include the partners or partner constituting the said @r# and the
partners fro# ti#e to ti#e and survivor or survivors of each of the# and heirs& e-ecutors&
ad#inistrators and assigns of the last surviving partner0 of the $IB9: /7B:K
AND

415 9=BI C7?=I=70D /70D=7BI07:= 797#<> of Mu#%ai& )ndian )nha%itant& having
address at "& Burukripa& K
th
North=South Road& Juhu Sche#e& Mu#%ai I?? ?>KJ 425 9=BI
9AB<0DB7 /70D=7BI07:= 797#<> of Mu#%ai& )ndian )nha%itant& having address at F=
3?& >
th
Floor& Mahara/a Sura/#al Co=op, Aousing Society& Andheri Versova& (ink Road& Andheri
.:est0& Mu#%ai I?? ?>KJ 435 9=BI B7#I0DB7 /70D=7BI07:= 797#<> of Mu#%ai& )ndian
)nha%itant& having address at F=3?& >
th
Floor& Mahara/a Sura/#al Co=op, Aousing Society&
Andheri Versova& (ink Road& Andheri .:est0& Mu#%ai I?? ?>KJ 4(5 9=BI B7J;7C
/70D=7BI07:= 797#<> of Mu#%ai& )ndian )nha%itant& having address at F=3?& >
th
Floor&
Mahara/a Sura/#al Co=op, Aousing Society& Andheri Versova& (ink Road& Andheri .:est0&
Mu#%ai I?? ?>KJ 455 9=BI DICI/ /70D=7BI07:= 797#<> of Mu#%ai& )ndian )nha%itant&
having address at F=3?& >
th
Floor& Mahara/a Sura/#al Co=op, Aousing Society& Andheri
Versova& (ink Road& Andheri .:est0& Mu#%ai I?? ?>KJ 465 9=BI ?7IC79= /70D=7BI07:=
797#<> of Mu#%ai& )ndian )nha%itant& having address at F=3?& >
th
Floor& Mahara/a Sura/#al
Co=op, Aousing Society& Andheri Versova& (ink Road& Andheri .:est0& Mu#%ai I?? ?>KJ 475
9=BI 9=F7; 07B7F70D79 797#<> of Jalgaon& )ndian )nha%itant& having address at
Ashok& Jillapeth& Jalgaon I3> ??J 485 9=BI 9=I#=70D 07B7F70D79 797#<> of
Mu#%ai& )ndian )nha%itant& having address at K?=F& :indsor Apart#ent& +pp, (a-#i
)ndustrial Cstate& New (ink Road& Andheri .:est0& Mu#%ai I???>DJ 4)5 9=BI 79=D?
07B7F70D79 797#<> of Jalgaon& )ndian )nha%itant& having address at Ashok& Jillapeth&
Jalgaon I3> ??J and hereinafter collectively referred to as 6t+e :enants8 .which
e-pression shall unless it %e repugnant to the conte-t or #eaning thereof #ean and include
their respective heirs& e-ecutors& ad#inistrators and assigns0 of the 9<D0D /7B:K
70D

415 9=BI 70A/ 9=F7; 797#<> of Jalgaon& )ndian )nha%itant& having address at Ashok&
Jillapeth& Jalgaon I3> ??J and 4 25 9=BI 7;DC 9=F7; 797#<> of Jalgaon& )ndian
)nha%itant having address at Ashok& Jillapeth& Jalgaon I3> ??& 435 9;:1 79=7B7J;7C
797#<> of Mu#%ai& )ndian )nha%itant& having address at F=3?& >
th
Floor& Mahara/a Sura/#al
Co=op, Aousing Society& Andheri Versova& (ink Road& Andheri .:est0& Mu#%ai I?? ?>KJ
hereinafter collectively referred to as 6t+e onOrming /arties8 .which e-pression shall
heirs& e-ecutors& ad#inistrators and assigns0 of the :=IBD /7B:1

G = < B < 7 9 H

A, 'he +wner is the owner of and is seiLed and possessed of or otherwise well and
suNciently entitled to all that piece or parcel of property %earing Survey No, Aissa No,
and %earing C,'S, No,!!& !!6 to 3 of Village Cksar& (,', Road& 'aluka Forivali& Forivali
.:est0 and now %earing +riginal 8lot No,K and Final 8lot No,D3! of ',8,S, )))& Forivali .Final0
ad#easuring 3&?4I,D? sE, #trs in the Registration District and Su%=District of Mu#%ai
alongwith the structures standing thereon and delineated on the 8lan anne-ed hereto
as 700<@AB< 678 and thereon shown surrounded %y red colour %oundary line and #ore
particularly descri%ed in the Schedule hereunder written .hereinafter referred to as ;t+e
said *ro*erty <0 having acEuired the sa#e vide )ndenture of Conveyance dated >
th
April
3??K registered with the Su%=Registrar of Assurances at Forivali under Serial
No,FDR363!I63??K on >
th
April 3??K and )ndenture of Conveyance dated !
th
April 3??!
registered with the Su%=Registrar of Assurances at Forivali under Serial
No,FDR3634I?63??! on !
th
April 3??!J

F, 'he 'enants herein alongwith the Con@r#ing 8arties are in e-clusive and uninterrupted
use and occupation of all that piece and parcel of land ad#easuring &I> sE, ft, alongwith
structure standing thereon %eing the factory pre#ises on the ground 9oor .hereinafter
referred to as 6t+e suit *remises8 0 having co#e into possession of the sa#e %y virtue of
(eave and (icense Agree#ent dated D?
th
Nove#%er 4K3 registered with the Su%=Registrar
of Assurances at Fo#%ay under Serial No,D>>>6K3 of Fook No, on I
th
August 4KDJ

Parties to decide the status of Janata Prints after Consent Terms
C, 'he 'enants alongwith the Con@r#ing 8arties .through their predecessors=in=title0 have
since then %een carrying on the %usiness of dyeing and printing works in partnership in the
na#e and style of M6s, Janata 8rints in the suit pre#isesJ

D, Certain ongoing disputes %etween the 'enants herein and the predecessors=in=title of
the +wner& cul#inated in the 'enants @ling a suit in the AonS%le S#all Causes Court at
Fandra Franch %eing R,A,D, Suit No, "! of 3??! against the +wner herein inter aliafor
declaration that the 'enants herein are the protected6 dee#ed tenants of the +wner in
respect of the suit pre#isesJ

C, During the pendency of the aforesaid suit& the +wner herein @led an +%struction
Notice No,DI of 3??" in R,A,C, Suit No, 3>6DD of 4K> in the AonS%le S#all Causes Court
at Fo#%ay inter alia for warrant of possession against the 'enants in respect of the suit
pre#isesJ

Client to provide Application No.
F, )n view of the fact that in %oth of the aforesaid proceedings& co##on issues were
involved %etween the sa#e parties& the 'enants herein @led Application No, 5555555 of 3?
%efore the AonS%le S#all Causes Court at Fo#%ay for clu%%ing the trial of R,A,D, Suit No,"!
of 3??! as well as +%struction Notice No,DI of 3??" in R,A,C, Suit No,3>6DD of 4K> so
that the sa#e #ay %e decided %y co##on /udg#entJ

B, Fy a Joint Declaration=cu#=)nde#nity dated 55555555555555& 3?I& Shri Anup Shya#
Asave& Shri A#ol Shya# Asave and S#t, Asha Ra/#al Asave& the Con@r#ing 8arties herein&
have surrendered& disclai#ed& released& relinEuished& renounced and waived all their right&
title or interest of whatsoever nature in the tenancy rights of the suit pre#ises and in the
new pre#ises .de@ned herein%elow0 in favour of the 'enants herein a%solutelyJ

A, 'he +wner is desirous of developing the said property %y de#olishing inter alia the
e-isting suit pre#ises and constructing a new %uilding6s %y utilising and consu#ing the
entire FS) and 'DR FS) that #ay %e availa%le in respect of the said property in accordance
with plans and speci@cations as #ay %e approved and sanctioned %y the Municipal
Corporation of Breater Mu#%ai . 6;E;80J

), 'he +wner is proposing to construct the said %uilding co#prising of ground ] @rst
9oor as shopping co#ple- and further 555 .555555550 upper 9oors as residential in accordance
with the tentative plans to %e su%#itted to the MCBM anne-ed hereto and #arked
as 700<@AB< 6!8 .hereinafter referred to as 6t+e said ne. building80J

J, 'he 8arties have settled all their inter se disputes and with a view to record their
settle#ent& the 8arties @led %efore the AonS%le S#all Causes Court at Fo#%ay& the Consent
'er#s dated 55555 January 3?I .hereinafter referred to as 6t+e onsent :erms80 wherein
the +wner has inter alia declared& recorded and con@r#ed that the 'enants herein are the
protected and dee#ed tenants in respect of the suit pre#ises w,e,f, 555555555 and has
further con@r#ed having received #onthly rent of Rs,44>6= .Rupees Nine Aundred and
Ninety Five only0& regularly and up=to=date till D
st
Dece#%er 3?D and the 'enants herein
have consented to the redevelop#ent of the said property, 'he Consent 'er#s inter alia
records that the 'enants shall handover vacant and peaceful possession of the suit pre#ises
to the +wner for the purpose of redevelop#ent and the +wner has agreed to provide to the
'enants on ownership %asis& K .si-teen0 self=contained shops ad#easuring in the aggregate
!&>?? sEuare feet .carpet area0 on the ground and @rst 9oor in the said %uilding to %e
constructed on the said property .therein and hereinafter referred to as O t+e ne.
*remises<0 as and %y way of per#anent alternate acco##odation and in consideration of a
su# of Rs,&4&I??6= .Rupees +ne (ac Nineteen 'housand Four Aundred only0 %eing the 3?
#onths rent to %e paid %y 'enants to the +wner& the tenancy rights of the 'enants in the suit
pre#ises shall& upon receipt of the +ccupation Certi@cate in respect of the said new %uilding&
stand auto#atically converted into ownership rights in the new pre#ises and the 'enants
shall cease to have any rights& interest and6or clai# in the e-isting suit pre#ises, A certi@ed
true copy of the Consent 'er#s dated 5555555555 is anne-ed hereto and #arked
as 700<@AB< 68J

M, As recited hereina%ove& all the aforesaid suits and disputes %etween the 8arties hereto
have %een settled %y @ling of the Consent 'er#s and the sa#e have %een withdrawn as fully
settled vide +rder of the AonS%le S#all Causes Court at Fo#%ay dated 5555555555555, A
certi@ed true copy of the +rder dated 5555555555555 is anne-ed hereto and #arked
as 700<@AB< 6D8J

(, )n the a%ove pre#ises& the 'enants herein are well& suNciently and e-clusively entitled
to the tenancy rights in respect of the suit pre#ises until the sa#e stands converted into
ownership rights in the new pre#ises in the #anner aforesaidJ

We have made tentative Area Statement in Annexure E elo! as per the "a#out plan
furnished # #ou. $o!ever% the area does not total to &%'((. )uilder to su**est solution.
M, 8ursuant to the ter#s contained in the Consent 'er#s& the +wner has reEuested the
'enants to vacate and handover vacant and peaceful possession of the suit pre#ises in the
#anner set out herein and pursuant to further discussions and negotiations %etween the
+wner and the 'enants& the 'enants have agreed to vacate and handover to the +wner the
suit pre#ises upon the +wner agreeing to provide to the 'enants in lieu of the suit pre#ises&
K .si-teen0 self=contained shops in the for# of per#anent alternate acco##odation on
ownership %asis ad#easuring in the aggregate !&>?? sEuare feet .carpet area0 in the said
new %uilding to %e constructed on the said property in consideration of a su# of
Rs,&4&I??6= .Rupees +ne (ac Nineteen 'housand Four Aundred only0 %eing 3? #onths
rent to %e paid %y 'enants to the +wner in the #anner set out hereinafter and the tenancy
rights of the 'enants in the suit pre#ises shall& upon receipt of the +ccupation Certi@cate in
respect of the said new %uilding& stand auto#atically converted into ownership rights in the
new pre#ises and the 'enants shall cease to have any rights& interest and6or clai# in the
suit pre#ises as setout hereinafterJ

N, 'he 8arties hereto are desirous of recording the ter#s and conditions #utually agreed
%etween the# as hereinafter appearingJ

:=< /7B:I<9 =<B<:D 79 $DCCDG9H

, )t is agreed that all the recitals contained a%ove for# an integral and operative part of
this Agree#ent as if the sa#e are incorporated herein ver%ati#,

3, 'he +wner agrees& con@r#s and declares that in ter#s of the Consent 'er#s dated
5555555555 and the su%seEuent +rder of the AonS%le S#all Causes Court at Fo#%ay dated
5555555555555& the 'enants herein are the protected and dee#ed tenants in respect of all that
piece and parcel of land ad#easuring &I> sE, ft, alongwith structure standing thereon
%eing the factory pre#ises on the ground 9oor .hereinafter referred to as 6t+e suit
*remises80 and the +wner has further con@r#ed having received #onthly rent of Rs,44>6=
.Rupees Nine Aundred and Ninety Five only0& regularly and up=to=date till D
st
Dece#%er
3?D,

D, 'he +wner shall develop the said property %y constructing the said new %uilding %y
utiliLing FS) including 'DR FS) to the ut#ost e-tent availa%le on the said property in
accordance with the plans that will %e sanctioned %y the Municipal Corporation of Breater
Mu#%ai, 'he +wner doth here%y further agree to o%serve& perfor# and co#ply with the
ter#s& conditions and stipulations& if any& which #ay %e i#posed %y the local authorities and
shall carry out the develop#ent work strictly in accordance with the law,
I, .a0 )n consideration of pay#ent of a su# of Rs,&4&I??6= .Rupees +ne (ac
Nineteen 'housand Four Aundred only0 eEuivalent to 3? #onths rent of the current rent
paid %y the 'enants to the +wner si#ultaneously with the e-ecution of these presents .the
pay#ent and receipt whereof the +wner doth here%y ad#it and acknowledge and of and
fro# the sa#e and every part thereof forever acEuit& release and discharge the 'enants fro#
#aking pay#ent of the sa#e0& and in lieu of the 'enants& consenting to the re=develop#ent
of the said property and agreeing to hand over vacant and peaceful possession of the suit
pre#ises to the +wner for the purpose of redevelop#ent in the #anner setout hereinafter&
the +wner shall provide to the 'enants in lieu of the suit pre#ises& K .si-teen0 self=
contained shops in the for# of per#anent alternate acco##odation on ownership %asis
ad#easuring in the aggregate !&>?? sEuare feet .carpet area0 .hereinafter referred to as
;t+e ne. *remises<0 to %e situated on the ground 9oor and @rst 9oor of the said new
%uilding to %e constructed on the said property and upon receipt of the +ccupation
Certi@cate in respect of the said new %uilding the tenancy rights of the 'enants in the suit
pre#ises shall auto#atically stand converted into ownership rights in the new pre#ises and
the 'enants shall cease to have any rights& interest and6or clai# in the e-isting suit pre#ises
as setout hereinafter,

.%0 'he details of new pre#ises to %e allotted %y the +wner to each of the 'enants inter
se in the for# of per#anent alternate acco##odation on ownership %asis in the said new
%uilding is #ore particularly set out in 700<@AB< 6<8 anne-ed hereto and the new
pre#ises to %e constructed in the said new %uilding is ear#arked %y B<D colour in the plan
anne-ed and #arked hereto as 700<@AB< 6$8,

.c0 the a%ove recited carpet area in respect of the new pre#ises #ore particularly set out
in 700<@AB< 6<8 shall e-clude niche& 9ower %ed& passages& enclosed %alcony& colu#ns&
%ea#s etc,& and all other ite#s not included in FS) calculations,

>, 'he +wner shall provide a#enities in the new pre#ises as #entioned in 700<@AB<
6E8 hereto, Si#ultaneously with the e-ecution of these presents the +wner has furnished to
the 'enants a copy of the tentative %uilding plans to %e su%#itted to the MCBM for sanction
anne-ed hereto and #arked as 700<@AB< 6!8J

K, As an a#enity provided alongwith the new pre#ises& the +wner has allotted to the
'enants& 3 .twelve0 car parking spaces in the said new %uilding .hereinafter referred to as
;said car *arking s*aces<0 and #ore particularly detailed in 700<@AB< 6<8hereto,

!, :ithin K? .si-ty0 days fro# the date hereof& the +wner shall o%tain ),+,D, and
Approval of 8lans in respect of the said new %uilding co#prising of ground ] @rst 9oor as
shopping co#ple- and further 555 .555555550 upper 9oors as residential and shall prior to
calling upon the 'enants to vacate the suit pre#ises& e-ecute Agree#ents in favour of the
'enants in the #anner set out in 700<@AB< 6<8 under the provisions of the Maharashtra
+wnership Flats Act& 4KD .6;D$780, )t is here%y agreed %y and %etween the 8arties hereto
that upon the receipt of the +ccupation Certi@cate in respect of the said new %uilding the
tenancy rights of the 'enants in the suit pre#ises shall auto#atically stand converted into
ownership rights in the new pre#ises& without reEuiring the e-ecution of any further or other
writings, )t is e-pressly agreed %etween the 8arties hereto that until the receipt of the
+ccupation Certi@cate in respect of the said new %uilding& the tenancy rights in respect of
the suit pre#ises shall continue to su%sist and the 'enants shall continue to pay the #onthly
rent of Rs,44>6= to the +wner in respect of the suit pre#ises,

!,3 'his Agree#ent is duly sta#ped with applica%le sta#p duty as reEuired under the
relevant provisions of 'he Maharashtra Sta#p Act& 4>" and is treated as the #ain6principal
docu#ent under Section I of the said Act& and the Agree#ents referred to in Clause !,
a%ove e-ecuted under the provisions of M+FA shall %e treated as an incidental and6or
su%sidiary docu#ent and shall %e sta#ped accordingly,

",, )t is here%y agreed %y and %etween the 8arties hereto that the +wner shall not provide
any te#porary alternate acco##odation to the 'enants and the 'enants shall #ake their
own arrange#ents, Aowever& in order to ena%le the 'enants to shift fro# the suit pre#ises
to the te#porary alternate acco##odation of their choice& the +wner shall pay to the
'enants for te#porary alternate acco##odation rent 1Rs,K>6= .Rupees Si-ty Five only0 per
sEuare foot per #onth of the carpet area of the suit pre#ises for the @rst " .eighteen0
#onths in the following #anner2=

.a0 a su# of Rs,ID&IK&>>?6= .Rupees Forty 'hree (acs Forty Si- 'housand Five Fifty +nly0
paid to the 'enants si#ultaneously upon e-ecution of these presents as and %y way of
advance rent for a period of the @rst K .si-0 #onths .the pay#ent and receipt whereof the
'enants doth here%y ad#it and acknowledge and of and fro# the sa#e and every part
thereof forever acEuit& release and discharge the +wner fro# #aking pay#ent of the sa#e0
andJ
.%0 the %alance su# of Rs,"K&4D&??6= .Rupees Cighty Si- (acs Ninety 'hree 'housand
+ne Aundred +nly0 paid to the 'enants on the e-ecution hereof %y way of post dated
cheEues& as rent fro# the !
th
#onth to the "
th
#onth,

'he details of rent paya%le to the 'enants is #ore particularly stated and anne-ed hereto
and #arked as 700<@AB< 6=8,

",3 +ne week prior to the co#pletion of the "
th
#onth& the +wner shall hand over "
post dated cheEues to the 'enants as rent fro# the 4
th
#onth to the DK
th
#onth, After the
e-piry of the initial period of " #onths as aforesaid& the rent of Rs,K>6= .Rupees Si-ty Five
only0 per sEuare foot per #onth of the carpet area occupied %y the 'enants shall %e
escalated 1 ?W on the last paid rent every " #onths for the %alance period of
develop#ent of the said property till the possession of the respective pre#ises for#ing part
of the new pre#ises is handed over to the 'enants and the +wner shall& if reEuired&
handover post dated cheEues for the advance rent prior to the e-piry of every "
th
#onth,
8rovided further that si#ultaneously with the +wner handing over possession of the
respective pre#ises for#ing part of the new pre#ises to the 'enants& the 'enants shall
return to the +wner the unused cheEues& if any,

4, 'he 'enants shall vacate and handover vacant and peaceful possession of the suit
pre#ises after re#oving their fa#ily #e#%ers& servants& agents and furniture and @-tures
and other paraphernalia therefro# si#ultaneously with the e-ecution and registration of the
Agree#ents referred to in Clause !, a%ove under the provisions of M+FA ,

?, Su%/ect to the ter#s of this Agree#ent& the 'enants here%y grant their irrevoca%le
consent and authority to the +wner to develop the said property and agree and undertake to
e-ecute such deeds& docu#ents and6or writings as #ay %e reEuired %y any authority6
authorities and give no o%/ection for the aforesaid purpose whenever reEuired,

, 'he +wner shall not %e entitled to handover possession of any of the newly
constructed pre#ises in the said new %uilding to the prospective purchasers unless and until
the +wner has handed over possession of the respective pre#ises for#ing part of the new
pre#ises to the 'enants in the #anner set out in 700<@AB< 6<8,

3, Su%/ect to force #a/eure conditions& the +wner shall carry out and co#plete the work
of construction of the said new %uilding and give possession of the respective pre#ises
for#ing part of the new pre#ises to the 'enants alongwith the +ccupation Certi@cate in
respect thereof within a period of 3I #onths fro# the date of e-ecution of these presents,
'he +wner shall ensure that when possession is oTered to the 'enants the +wner shall have
o%tained +ccupation Certi@cate fro# the MCBM in the said new %uilding and the said new
%uilding is co#plete in all respects including a#enities with water connection as per Section
3!?A of the FMC Act and electricity connection in the said new %uilding is given %y the
+wner to the 'enants, 8rovided further that in the event the +wner fails and6or neglects to
handover possession of the respective pre#ises for#ing part of the new pre#ises to the
'enants within the said period of 3I #onths& then in that event the +wner shall pay to the
'enants a su# of Rs,>&??&???6= .Rupees Five (ac +nly0 per #onth as any %y way of penalty
for the delayed period, During such delayed period& the 'enants shall %e entitled to the rent
stipulated under Clause " herein in addition to receiving the afore#entioned penalty
a#ount,

Client to su**est +uantum of penalt#

D, 'he 'enants on taking possession of the respective pre#ises for#ing part of the new
pre#ises fro# the +wner shall hold the sa#e on HownershipG %asis for valua%le consideration
in pursuance of the provisions of M+FA Act, 'he +wner shall for# and register the Society 6
Condo#iniu# 6 Co#pany& as the case #ay %e at its own costs within four .I0 #onths of the
+wner putting the 'enants to notice to take possession of the respective pre#ises for#ing
part of the new pre#ises as #entioned hereina%ove& provided that the 'enants shall sign&
aNr# and declare all the applications and docu#entations necessary for and6or incidental
thereto,

I, 'he 'enants shall also pay to the +wner at the ti#e of taking possession of the
respective pre#ises for#ing part of the new pre#ises& the following a#ounts& viL,2

.a0 Rs,D>?6= .Rupees 'hree Aundred Fifty only0 per shop co#prising the new pre#ises as
share #oney and entrance fee and6or as #ay %e applica%le as per the then e-isting rules
and regulations for the #e#%ership in the Co=operative Society to %e for#ed of all
unit6pre#ises purchasers in the proposed said new %uildingJ and

.%0 'he #onthly contri%utions .every #onth0 towards the accruing outgoings in respect of
each of their respective pre#ises for#ing part of the new pre#ises as #ay %e @-ed %y the
+wner or the Co=operative Society6Co##on +rganisation in respect of the said property,

>, 'he +wner shall %e lia%le to discharge all responsi%ilities and lia%ilities as ;8ro#oter<
under the provisions of the M+FA Act vis=^=vis the 'enants, 'he +wner shall %e responsi%le6
lia%le towards all clai#s for defect in construction of the said new %uilding in ter#s of
Section 3.c0 of M+FA Act,

K, 'he +wner shall %e entitled to #ake changes& additions and alterations in the plans to
%e prepared fro# ti#e to ti#e in accordance with the law without however pre/udicially
aTecting the rights of the 'enants under this Agree#ent and the new pre#ises to %e allotted
to the 'enants in ter#s hereof provided the carpet area and the location of the pre#ises to
%e allotted to the 'enants is not changed in any #anner whatsoever including the right of
the 'enants to en/oy light& air and ventilation, 'he +wner shall o%tain prior written consent of
the 'enants if the afore#entioned additions& alterations and a#end#ents to the said new
%uildingGs plan is in any way pre/udicing the respective pre#ises for#ing part of the new
pre#ises in the said new %uilding,

!, )t is here%y agreed %y and %etween the 8arties hereto that the +wner shall not %e
entitled to assign and6or transfer the said property or pro/ect& conte#plated hereunder to
any third party without the previous written consent of the 'enants in writing, )t is here%y
agreed %y and %etween the 8arties hereto that the 'enants shall not %e entitled to create
any su%=tenancy& transfer and6 or assign their rights in the suit pre#ises during the
construction of till the co#pletion of the said new %uilding,

", 'his Agree#ent will not %e a#ended& altered or #odi@ed e-cept %y a written
instru#ent signed %y each of the 8arties,

4, 'he +wner shall %e responsi%le to %ear and pay all statutory ta-es& dues& levies and
duties %y whatever na#e called and6or of whatsoever nature including %ut not li#ited to
service ta-& VA'& BS' levied6charged %y the State and6or Central Bovern#ent or any other
co#petent authority& if any applica%le& in respect of this transaction and6or Agree#ent at
any ti#e hereafter, Cach 8arty shall %e personally and %y itself responsi%le to pay and %ear
their respective inco#e ta-& if any& arising out of or as a result of this transaction and6or
Agree#ent,

3?, All costs& charges and e-penses of and incidental to this Agree#ent including sta#p
duty and registration charges paya%le in respect of these presents and all other deeds&
docu#ents and writings to %e e-ecuted in pursuance hereof shall %e %orne and paid %y the
+wner alone, Cach party shall %ear and pay the professional fees of their respective
Advocates R Solicitors,

3, 'he Courts in Mu#%ai shall have e-clusive /urisdiction to try and entertain any
suits6disputes arising fro# this Agree#ent,

33, 'he )nco#e 'a- 8AN6B)R nu#%er of the 8arties hereto is as under2

DE!GNA"!'N Name PAN No.
'ENER M/. AA"% DE#E&'PER
"ENAN"
*:+ %R! &A=%!C%AND
PAND%AR!NA"% AA#E

*;+ %R! FRENDRA
PAND%AR!NA"% AA#E

*5+ %R! RA#!NDRA
PAND%AR!NA"% AA#E

*3+ %R! RA$MA& PAND%AR!NA"%
AA#E

*4+ %R! D!&!P PAND%AR!NA"%
AA#E

*8+ %R! =A!&A% PAND%AR!NA"%
AA#E

*<+ %R! %BAM NARABANDA
AA#E

*>+ %R! %!#C%AND NARABANDA
AA#E

*6+ %R! A%'= NARABANDA
AA#E

C'NF!RM!NG
PAR"!E
*:+ %R! ANFP %BAM AA#E
*;+ %R! AM'& %BAM AA#E
*5+ M". A%A RA$MA& AA#E

I0 GI:0<99 G=<B<D$ the 8arties hereto have hereunto set their respective hands the

:=< 9=<DAC< 7!D#< B<$<BB<D :D
.(the said property)0

All that piece or parcel of land %earing +riginal 8lot No,K& Final 8lot No,D3! of ',8,S, )))&
Forivali ad#easuring 3?4I,D? sE, #trs or therea%outs and %earing C,'S, No,!!& !!6 to 3 of
Village Cksar& (,', Road& 'aluka Forivali& Forivali .:est0 in the Registration District and Su%=
District of Mu#%ai alongwith the structures standing thereon and %ounded as under2

+n or towards the North 2 %y (' RoadJ
+n or towards the Cast 2 %y +8 No, "K F8 No, D3K
+n or towards the South 2 partly %y >
th
'8S Road& partly %y +8 No,
"K& F8 No,D3K andJ
+n or towards the :est 2 %y >
th
'8S Road

Fy the withinna#ed +wner 0
;J91 977:= D<#<CD/<B9 0
'hrough the hands of its 8artners 0
.0 555555555555555555 0
.30 555555555555555555 0
.D0 555555555555555555 0&

Fy the withinna#ed 'enants 0
415 9=BI C7?=I=70D /70D=7BI07:= 797#< 0
425 9=BI 9AB<0DB7 /70D=7BI07:= 797#< 0
435 9=BI B7#I0DB7 /70D=7BI07:= 797#< 0
4(5 9=BI B7J;7C /70D=7BI07:= 797#< 0
455 9=BI DICI/ /70D=7BI07:= 797#< 0
465 9=BI ?7IC79= /70D=7BI07:= 797#< 0
475 9=BI 9=F7; 07B7F70D79 797#< 0
485 9=BI 9=I#=70D 07B7F70D79 797#< 0
4)5 9=BI 79=D? 07B7F70D79 797#< 0

Fy the withinna#ed Con@r#ing 8arties 0
415 9=BI 70A/ 9=F7; 797#< 0
425 9=BI 7;DC 9=F7; 797#< 0
435 9;:1 79=7 B7J;7C 797#< 0

B < < I / :

RCCC)VCD of and fro# the withinna#ed 'enants an aggregate su# of Rs,&4&I??6= .Rupees
+ne (ac Nineteen 'housand Four Aundred only0 %eing 3? #onths rent paid %y the# to us
as within#entioned& the details of which are as under 2

Pa(ee Cheque No. Date BanG
Amount
*Rs.+

"ota, -*-/*"!!+,

:C SA7 RCCC)VCD

;J91 977:= D<#<CD/<B9

55555555555555555555555
.8artner0

55555555555555555555555
.8artner0

55555555555555555555555
.8artner0
D.ner
:itnesses2
,

3,
700<@AB< 6<8

Details of /remises forming *art of t+e ne. *remises to be allotted by t+e D.ner
to eac+ of t+e :enants inter se in t+e form of *ermanent alternate accommodation
on o.ners+i* basis in t+e said ne. building
4lient to noteH 7rea is not adding u* to 7>500 s31 ft1 !uilder to suggestion
solution5

ho.
No.
F,oor
Area
*sq. ft.+
%ei-ht
*sq. ft.+
Car ParGin-
.aces
Name of the 'wner
@round -$/-
-. Shyam 2arayandas Asave
$. Shivchand 2arayandas Asave
#. Ashok 2arayandas Asave
@round #!$
@round $./ Aakhichand Pandharinath Asave
@round $./ Surendra Pandharinath Asave
@round $./ 6ilip Pandharinath Asave
@round $./ )a3mal Pandharinath Asave
@round $./ )avindra Pandharinath Asave
@round $./ Bailash Pandharinath Asave
?irst -""
?irst "/6
?irst #"$ Aakhichand Pandharinath Asave
?irst #"$ Surendra Pandharinath Asave
?irst #"$ 6ilip Pandharinath Asave
?irst #"$ )a3mal Pandharinath Asave
?irst #"$ )avindra Pandharinath Asave
?irst #"$ Bailash Pandharinath Asave
"ota, <;86

VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
D7:<D :=I9 2222D7F D$ 2222222222 201(

M6S, SAA'A DCVC(+8CRS
U the +wner

AND

9=BI C7?=I=70D /70D=7BI07:= 797#< N DB9
U the 'enants

AND

9=BI 70A/ 9=F7; 797#< N 70B
U the Con@r#ing 8arties

7B:IC<9 D$ 7EB<<;<0:

7EB<<;<0: $DB /<B;70<0: 7C:<B07:< 7D;;DD7:ID0

'A)S 7EB<<;<0: $DB /<B;70<0: 7C:<B07:< 7D;;DD7:ID0 #ade at Mu#%ai
this 5555 day of 55555555 in the Christian 7ear 'wo 'housand Seven .3??40 FC':CCN ;J9
/79=;I07 B<7C:F /#:1 C:D,& a 8rivate (i#ited Co#pany& incorporated under the
Co#panies Act& 4>K having oNce .ad#inistrative0 at >& 8arekh Apart#ent& N,S,S, Road&
Asalpha& Bhatkopar .:est0& Mu#%ai I?? ?"I& hereinafter called 6t+e D.ners8 .which
#ean and include its successors and assigns0 of the D0< /7B:J

70D

555555555555555555555555555& of Mu#%ai )ndian )nha%itant residing at Flat6Roo# No,55555&
55555 Floor& Banesh Niketan& Mhareghat Road& Dadar . Cast0& Mu#%ai I?? ?I& hereinafter
referred to as 6t+e :enantJDccu*ant8 .which e-pression shall unless repugnant to the
conte-t or #eaning thereof %e dee#ed to #ean and include his6her6their legal heirs&
e-ecutors and ad#inistrators and assigns0 of the 9<D0D /7B:2

G = < B < 7 9 2

A, Fy and under a Deed of Assign#ent dated 3I
th
+cto%er& 3??K registered at the +Nce
of the Joint Su%=Registrar at Mu#%ai under Serial No, D of 3??K #ade %etween one Shri
Narayan Banesh Mulkarni therein referred to as ;the Assignor< of the +ne 8art and the
+wners herein& therein referred to as ;the Assignee< of the +ther 8art the Assignor for the
consideration and upon the ter#s and conditions #entioned therein& assigned& transferred
and assured unto the +wners herein all his right& title and interest in the leasehold land
%earing 8lot No, K>=D of Dadar=Matunga Cstate ad#easuring K4! sE, yds, .>"3,!" sE, #trs,0
together with %uilding known as ;Banesh Niketan< standing thereon #ore particularly
descri%ed in the Schedule thereunder writtenJ

F, )n the pre#ises& the +wners are seiLed and possessed of and6or otherwise well and
suNciently entitled to the said leasehold land %earing 8lot No,K>=D of Dadar=Matunga
Cstate ad#easuring K4! sE, yds, .>"3,!" sE, #trs,0 together with %uilding known as ;Banesh
Niketan< standing thereon #ore particularly descri%ed in the First Schedule hereunder
written .hereinafter referred to as Othe said 8ropertyO0J

C, 'he said %uilding ;Banesh Niketan< standing on the said property co#prises of
ground plus four upper 9oors with two garages in the co#pound of the %uilding and is fully
tenantedJ

D, 'he 'enant6+ccupant herein is a #onthly tenant in respect of Flock6Roo# No,555
ad#easuring 55555 sE, ft, .carpet area0 on the 55555 9oor of %uilding known as ;Banesh
Niketan< standing on the said property .hereinafter referred to as Othe tenanted pre#ises<0
and #ore particularly descri%ed in the Second Schedule hereunder written and is presently
occupying the sa#e for a #onthly rent of Rs,555555556=, Copies of the rent receipts& ration
card and electricity %ills of the 'enant6+ccupant are anne-ed hereto and #arked
as 7nnexure 678> 6!8 and 68 respectivelyJ

C, 'he +wners are desirous of developing the said property %y de#olishing the said
%uilding ;Banesh Niketan<& and other structures standing on the said property and
constructing a new #ulti storyed %uilding6s in accordance with a#ended 6sanctioned plans
and speci@cations approved %y the Municipal Corporation of Breater Mu#%ai
.MCBM06MAADA in accordance with provisions of regulation DD6! and DD64 of the
Develop#ent Control Regulations for Breater Fo#%ay& 44J

F, For the purpose of developing the said property& the +wners have negotiated with
the 'enant6+ccupant herein for surrender of his6her tenancy rights in the tenanted pre#ises
and to hand over vacant and peaceful possession of the sa#e to the +wners and the
+wners have agreed to provide and grant to the 'enant6+ccupant free of cost and on
ownership %asis after o%taining +ccupation Certi@cate and co#pleted in all respects& a 9at
of eEuivalent 4?? sE,ft,usa%le area including %alcony& 9ower %eds& deck and any such area
in the proposed new %uilding to %e constructed as per the approved and sanctioned plan for
purely residential purposes as and %y way of per#anent alternative acco##odation
.hereinafter referred to as Othe said new 9at<0 in lieu of the 'enant6+ccupant surrendering
his6her tenancy rights in the tenanted6occupied pre#ises in the #anner set out hereunder&
and the 'enant6+ccupant has agreed to accept the sa#e on the ter#s and conditions
hereinafter set out,

:=< /7B:I<9 =<B<:D 79 $DCCDG9 H


3, 'he +wners shall for the purpose of developing the said property identify
reputed Fuilders6Developers for entrusting upon such Fuilder6 Developer the work of
redevelop#ent .hereinafter referred to as ;the Developers<0 who shall %e introduced to the
'enant6+ccupant,

D, 'he +wners here%y record& declare and con@r# that the +wners shall develop or
cause develop#ent of the said property #ore particularly descri%ed in the First Schedule
hereunder written %y Developers so appointed& %y de#olishing the e-isting %uilding known
as ;Banesh Niketan< and other structures standing on the said property and %y constructing
a new residential %uilding in accordance with the plans that #ay %e sanctioned %y the
Municipal Corporation of Breater Mu#%ai .M,C,B,M06 MAADA fro# ti#e to ti#e %y utiliLing
the entire FS) including additional FS) and6or 'DR FS) availa%le in respect of the said property
.hereinafter referred to as Othe proposed new %uildingO0,

I, 'he 'enant6+ccupant agrees to surrender his6her tenancy right and Euit& vacate and
deliver vacant and peaceful possession of Roo#6Flat No,555555 ad#easuring 555555555 sE, ft,
.carpet area0 on the 555555559oor of %uilding ;Banesh Niketan< standing on the said property
.hereinafter referred to as ;the e-isting tenanted pre#ises<0& and in lieu thereof& the +wners
agree to provide& grant and allot to the 'enant6+ccupant on ;ownership< %asis& free of cost& a
self contained 9at of 4?? sE, ft, usa%le area inclusive of area of %alcony& 9ower %eds&deck or
any such area in the proposed new %uilding to %e constructed on the said property
.hereinafter referred to as ;the said new 9at<0, 'he 'enant 6 +ccupant shall %e provided
a#enities in the said new 9at as #entioned in7nnexure 6228 hereto, Si#ilar a#enities shall
%e provided in the 9ats to %e sold in the open #arket, 'he 'enant6+ccupant shall have the
option to select or reEuest for additional or superior Euality interior @ttings other than those
provided in Anne-ture 555 herein at their costs& which the +wners do here%y agree to
provide at #utually agreed additional consideration, )t is however& further e-pressly agreed
that the +wners have agreed to allot to the 'enant6+ccupant additional area viL #ore area
than what the 'enant6+ccupant is entitled to as an incentive to the 'enant6+ccupant to co=
operate in the redevelop#ent and the 'enant6+ccupant here%y agrees and undertakes not
to cause any o%stacle or i#pedi#ent6litigation or raise any o%/ection which #ay delay the
redevelop#ent of the said property,

>, 'he +wners shall pay to the 'enant6+ccupant si#ultaneously with the 'enant
6+ccupant vacating and handing over vacant and peaceful possession of the e-isting
tenanted pre#ises& corpus fund calculated at Rs,>&??&???6= .Rupees Five (akhs only0 per
e-isting tenanted pre#ises6'enant, Aowever fro# the said a#ount of Rs,>&??&???6= it is
agreed that the +wners shall deduct an a#ount eEuivalent to the a#ount of security deposit
reEuired to %e paid %y the +wners on %ehalf of the 'enant6+ccupant to the concerned Flat
+wner with who# leave and license agree#ent would %e entered into for providing alternate
acco##odation to the 'enant6+ccupant, 'he a#ount so deducted %y the +wners on account
of Security Deposit shall %e returned6paid over to the 'enant6+ccupant at the ti#e of
'enant6+ccupant taking possession of the new 9at in the proposed new %uilding,

K, )t is here%y agreed %y and %etween the parties hereto that the +wners shall #ake
arrange#ent or provision for te#porary alternate acco##odation for the 'enant6+ccupant
during the period of redevelop#ent of the said property against the +wners receiving Euiet&
vacant and peaceful possession of the e-isting tenanted pre#ises fro# the
'enant6+ccupant, Aowever& it is here%y agreed %y and %etween the parties hereto that D?
days prior notice to the 'enant6+ccupant for vacating and handing over possession of the
e-isting tenanted pre#ises shall %e given %y the +wners after o%taining relevant plan
approved, 'he +wners shall for providing te#porary alternate acco##odation to the
'enant6 +ccupant enter into necessary leave and license agree#ent with suita%le Flat +wner
of +wnersG choice and shall %ear and pay on %ehalf of the 'enant6+ccupant co#pensation6
license fee as stated in clause > a%ove as #ay %e agreed upon or reEuired to %e paid during
the period of redevelop#ent till per#anent alternate acco##odation free of cost on
ownership %asis is provided in the proposed new %uilding to %e constructed on the said
property, 'he +wners shall also pay one ti#e loading and unloading transportation charges
of Rs,?&???6= to the 'enant6+ccupant for relocating the articles6things of the
'enant6+ccupant fro# the e-isting tenanted pre#ises to the site of transit6te#porary
acco##odation,

!, 'he +wners agree to provide to the 'enant6+ccupant .one0 open to sky car=parking
space ear#arked in the co#pound of the said proposed new %uilding to %e constructed on
the said property si#ultaneously upon providing the said new 9at to the 'enant6+ccupant
herein, Aowever the +wners shall e-plore the possi%ility of providing to the 'enant6+ccupant
one stilt car parking in place and stead of open car parking space, 'he +wners shall
#aintain a clear #ini#u# height of ? feet fro# 9oor to the ceiling in the new 9at in
accordance with the plans that #ay %e sanctioned %y MCBM 6MAADA, Su%/ect to it %eco#ing
feasi%le &the +wners #ay provide two lifts in the proposed new %uilding,

", 'he 'enant here%y agrees that if reEuired %y the +wners on or %efore or upon taking
possession of the said new 9at in the proposed new %uilding to %e constructed& the
'enant6+ccupant shall sign and e-ecute the usual agree#ent as provided under the
Maharashtra +wnership Flats .Rules R Regulation0 Act& 4KD, Further sta#p duty and
registration fees paya%le on such Agree#ent and legal fees for drafting such agree#ent
shall %e %orne and paid %y the +wners,

4, 'he 'enant6+ccupant has agreed to accept the said new 9at in the proposed new
%uilding to %e constructed as per#anent alternative acco##odation free of costs on
ownership %asis in lieu of his surrendering& releasing relinEuishing and e-tinguishing all his
right& title and interest in respect of the e-isting tenanted pre#ises in the %uilding ;Banesh
Niketan<,

?, )t is agreed %y and %etween the parties hereto that the 'enant6+ccupant shall
handover Euiet& vacant and peaceful possession of the e-isting tenanted pre#ises presently
in the 'enant6+ccupantGs occupation to the +wners within a period of D? days fro# the date
of the +wners inti#ating to the 'enant6+ccupant that the +wners have o%tained N+C fro#
MAADA and )+D fro# the MCBM for carrying out of the redevelop#ent of the said property,
'he +wners shall also provide a true copy of sanctioned plan or a#ended plan issued %y
MCBM to the 'enant6+ccupant %efore calling upon the 'enant6+ccupant to vacate the
e-isting tenanted pre#ises, 'he Sta#p Duty and Registration Charges in respect of these
presents will %e %orne and paid %y the +wners alone,

, )t is however e-pressly agreed %y and %etween the parties hereto that the +wners
have agreed to allot the said new 9at ad#easuring 4?? sE, ft, usa%le area inclusive of area
of %alcony&9ower %eds& deck or any such area in the proposed new %uilding to %e
constructed free of cost on ownership %asis to the 'enant 6+ccupant %y granting additional
area on the e-press understanding and assurance of the 'enant6+ccupant that he6she shall
co=operate and co#ply with all the ter#s of this agree#ent& without causing any
o%struction6 hindrance6litigation to the ti#ely co#pletion of the develop#ent of the said
property and shall if reEuired %ut at the cost and e-penses of +wners sign and e-ecute all
applications& letters and other necessary docu#ents and papers as #ay %e reEuired %y the
Municipal Corporation of the Breater Mu#%ai .MCBM0 or for and6or any other Authority for
o%taining the CC and for overall develop#ent of the said property, 'he 'enant6+ccupant
shall e-ecute and sign all applications& letters& or any other necessary docu#ents as #ay %e
reEuired for o%taining consent of MAADA for redevelop#ent of the said property,

3, Ppon the 'enant6+ccupant delivering vacant and peaceful possession of the e-isting
tenanted pre#ises to the +wners& the +wners shall %e entitled to de#olish the sa#e or
cause the sa#e to %e de#olished as the case #ay %e and co##ence the work of
construction of the proposed new %uilding thereon within D? days fro# the date of receipt of
Co##ence#ent Certi@cate6)+D fro# the MCBM as per approved and sanctioned plan issued
%y Mu#%ai Municipal Corporation and the 'enant6+ccupant here%y gives his6her irrevoca%le
consent to the +wners to de#olish the said e-isting tenanted pre#ises without further
recourse to the 'enant6+ccupant in any #anner whatsoever written or otherwise,

D, 'he +wners shall carry out6cause to %e carried out and co#plete the work of
construction of the proposed new %uilding and give possession of the said new 9at agreed to
%e allotted to the 'enant6+ccupant ad#easuring 4?? sE, ft usa%le area as stated a%ove
after o%taining +ccupation Certi@cate fro# the Mu#%ai Municipal Corporation within a
period of 3? .'wenty #onths0 fro# the date of receipt of the plinth Co##ence#ent
Certi@cate .C,C,0 with K .si-0 #onths further grace period& %ut su%/ect to force #a/eure
conditions& na#ely availa%ility of ce#ent and steel and reasons %eyond the control of the
+wners6Developers or for reasons of vis #a/eure, 8rovided further that the +wners shall
co##ence or cause co##ence#ent of construction within a period of 3 .twelve0 #onths
fro# the date the +wners are put in vacant and peaceful possession of the said entire
%uilding ;Banesh Niketan< for the purposes of redevelop#ent of the said property,

I, )n the event the area of the new 9at to %e provided to the 'enant6+ccupant in the
proposed new %uilding is found to %e less than 4?? sE,ft,usa%le area as stated a%ove the
'enant6+ccupant shall receive fro# the +wners co#pensation of an a#ount eEuivalent to
the #arket price of the de@cient area,

>, 'he +wners shall forthwith on such co#pletion of the proposed new %uilding give
inti#ation in writing %y person or %y Registered A,D, to the 'enant6+ccupant reEuesting
hi#6her to take possession of the said new 9at co#pleted in all respects in the proposed
new %uilding to %e allotted as per#anent alternative acco##odation free of cost on
ownership %asis to the 'enant6+ccupant& and the 'enant6+ccupant shall within ! .seven0
days of receipt of such inti#ation take the possession of the said new 9at after vacating
fro# the te#porary alternate acco##odation provided %y the +wners under the (eave and
(icense Agree#ent referred to in clause K a%ove failing which the +wners shall %e dee#ed
to have handed over possession of the said new 9at in due discharge of the o%ligation
hereunder of the +wners, 'he +wners shall not %e lia%le to pay the displaced
co#pensation6license fee for the period thereafter,

K, )t is here%y agreed %y and %etween the parties hereto that the +wners at their costs
and e-pense shall for# or cause to %e for#ed and registered a society of the
'enants6+ccupants .who shall %e allotted 9ats on ownership %asis0 and purchasers of
pre#ises in the proposed new %uilding and the +wners shall convey the proposed new
%uilding and land #arried thereto to such society and such society shall %e for#ed and
registered upon the +wners co#pleting the redevelop#ent of the said property and the
+wners o%taining +ccupation Certi@cate in respect of the proposed new %uilding, 'he
Developers if any& shall %e con@r#ing party6parties to the Deed of Conveyance or to the
vesting docu#ent %y which the conveyance of the new %uilding in favour of the Society
would take eTect, 'he 'enant6+ccupant here%y agrees to %eco#e a #e#%er of such Society
as and when for#ed and co#ply with its %ye=laws,

!, Fefore handing over of possession of the said new 9at to the 'enant6+ccupant& the
+wners shall #ake arrange#ent for the underground and overhead water tank for the
supply of water in the said proposed new %uilding and the Flats therein and o%tain fro#
MCBM water connection, 'he +wners shall ensure adeEuate @re protection facility in the
proposed new %uilding,

", 'he 'enant6+ccupant shall also pay to the +wners or the Developers at the ti#e of
taking possession of the said new 9at& the following a#ounts& viL2

.a0 Rs,555556= .Rupees 555555555555 only0 as share #oney and entrance fee for

:ater Charges& and the Maintenance Charges of the new 9at agreed to %e allotted to the
'enant6+ccupant& %eing calculated provisionally for 3 #onthsJ

.c0 Deposit as #ay %e reEuired %y Reliance Cnergy (td,6FCS' or other electric supply
Co#pany as deposit for electric #eter to %e @-ed for the new tene#ent and Security
deposit for water connections at actualsJ

.d0 'he #onthly contri%utions .every #onth0 towards the accruing outgoings of the said
per#anent alternate acco##odation pre#ises as #ay %e @-ed %y the SocietyJ

8rovided further that the +wners shall get the new 9at to %e allotted to the
'enant6+ccupant assessed to #unicipal ta-es as a ;residential 9at< only,

4, 'he +wners shall render a consolidated account to the Society and transfer the
%alance& if any of the deposits received fro# the 'enant6+ccupant to the said Society and if
there is any de@cit in the a#ounts collected fro# the 'enant6+ccupant& the 'enant6
+ccupant shall forthwith on de#and pay the sa#e to the +wners6 Society, 'he 'enant 6
+ccupant shall %e responsi%le6 lia%le for pay#ent of the a%ove a#ounts upon %eing handed
over possession of the said new 9at,

3?, 'he +wners shall %ear costs& charges and e-penses for2

.a0 8reparation and sanction of the plan for o%taining )+D& CC and other e-penses
reEuired for sanction of the 8lan for the construction work and the co#pletion of the %uilding
including deposits paya%le to the Municipal Corporation of Breater Mu#%ai refunda%le or
otherwiseJ

.%0 'he charges and re#uneration of the Architects& R,C,C, Consultants& Surveyors&
Construction Supervisors or such other personnal reEuired to %e engaged6e#ployedJ

.c0 'he charges and e-penses& if any& paya%le to MCBM& MAADA or other concerned
authorities %y way of deposit refunda%le or otherwiseJ

.d0 'he charges& re#uneration paya%le to the legal advisor of the +wners& Clectricity and
water %ills for consu#ption of water and electricity during the period of construction and up
to and inclusive of the date of handing over the possession of the said new 9at to the
'enant6+ccupant,

3, 'he tenancy rights of the 'enant6+ccupant in the e-isting tenanted pre#ises shall
stand auto#atically surrendered6e-tinguished6 released& only upon the +wners handing over
possession of the new 9at on ownership %asis free of cost in the proposed new %uilding to %e
constructed alongwith said car parking space to the 'enant6+ccupant in the #anner
stipulated in Clause I and 4 hereina%ove without reEuiring any further writing or act and the
'enant6+ccupant thereafter shall not %e entitled to clai# tenancy6occupancy rights in the
e-isting tenanted pre#ises or any part thereof of whatsoever nature against the +wners and
the 'enant6+ccupant further agrees to inde#nify and keep inde#ni@ed the +wners against
such clai#s& de#ands #ade at any ti#e hereafter,

33, 'he 'enant6+ccupant on taking possession of the per#anent alternate
acco##odation pre#ises viL,& residential 9at in the proposed new %uilding shall hold the
sa#e as HownerG thereof& as if he had acEuired the sa#e on HownershipG %asis in pursuance
of the provisions of Maharashtra +wnership Flats .Rules R Regulation0 Act 4KD,

3D, 'he 'enant6+ccupant shall not %e lia%le to pay any transfer fee on %eing handed
over possession of the new 9at,

3I, 'he 'enant6+ccupant shall continue to pay the #onthly contri%utions due in respect
of the said e-isting tenanted pre#ises to the +wners co#prising of #unicipal property
ta-es paya%le in respect thereof until the 'enant6+ccupant is put in possession of the new
9at as per#anent alternate acco##odation pre#ises in the proposed new %uilding to %e
constructed on the said property,

3>, )t is understood that the co##on terrace shall %e accessi%le to all #e#%ers of the
society, )t is however understood %y and %etween the parties that the terrace space
attached to the 9ats in the said proposed new %uilding& if any shall %elong e-clusively to the
respective 9at purchasers of the terrace 9at and such terrace spaces are intended for
e-clusive use of the respective terrace 9at purchasers,

3K, 'he 'enant/+ccupant here%y declares and states that no one e-cept hi#self6 herself
has any right& title or interest of any nature whatsoever in the tenanted pre#ises or any part
thereof& and that he6she has not created any third party rights therein or parted with
possession of the sa#e or any part thereof& to any third party& or created any charge or
encu#%rance of any nature whatsoever therein or any part thereof& and shall inde#nify and
keep inde#ni@ed the +wners fro# and against clai#s received fro# any third party
including any fa#ily #e#%er and6or relatives of the 'enant/+ccupant,

3!, 'he 'enant6+ccupant shall not hereafter under any circu#stances transfer or assign
his6her tenancy rights& su%=let& create any su% tenancy or part with possession and6or
otherwise create any third party right of whatsoever nature in the tenanted pre#ises or any
part thereof and6or his6her rights to %e allotted in the said new 9at,

3", 'he +wners here%y assure and covenant thatJ

i0 the e-istence of co##ercial pre#ises in the proposed new %uilding .if any0 shall not
cause any nuisance& noise pollution& parking& pro%le# or haLard of any nature for the
'enant6+ccupant and other 9at 8urchasers in the proposed new %uildingJ

ii0 there will %e uno%structed unhindered and easy access to the peripheral area of the
proposed new %uilding& lifts& staircases and other co##on facilities,

34, )t is here%y agreed %y and %etween the parties hereto that the +wners shall %e
entitled to a#end and revise the %uilding plans& speci@cations& drawings and designs for
construction of the proposed new %uilding and the 'enant6+ccupant shall not %e entitled to
raise any o%/ection to the sa#e provided such a#end#ents does not pre/udice the area and
location of the said new 9at,

D?, )f for any reason& other 'enants of the %uilding ;Banesh Niketan< on the said property
or any of the# fail to enter into Agree#ent with the +wners settling #atters as herein set
out& or if after entering into such Agree#ents& the 'enant6+ccupant or any of the tenants of
;Banesh Niketan< in the said property fail to deliver vacant and peaceful possession of the
tene#ents or roo#s in his6her6their occupation& then and in such event the +wners shall get
a corresponding e-tension of li#ited ti#e for redevelop#ent as provided herein and6or #ay
entirely at the option of the +wners& rescind this Agree#ent %y giving @fteen days notice in
writing to the 'enant6+ccupant, )n the event of the +wners rescinding this Agree#ent& the
'enant6+ccupant shall %e entitled to continue to occupy the e-isting tenanted pre#ises in
the e-isting %uilding known as ;Banesh NiketanO and the 'enant6+ccupant shall not %e
entitled to enforce speci@c perfor#ance of this Agree#ent, )n the event of the +wners failing
to perfor# this Agree#ent& the 'enant is entitled to speci@c perfor#ance of this Agree#ent,

D, 'his Agree#ent %etween the parties hereto shall %e treated as irrevoca%le HNo
+%/ectionG fro# the 'enant6+ccupant for the re=develop#ent of the said property& as per the
plans that #ay %e sanctioned %y MCBM or #ay fro# ti#e to ti#e %e a#ended %y using and
consu#ing the entire availa%le FS)& additional FS) and the 'DR in respect of the said property
and accordingly the +wners shall %e entitled to produce this agree#ent %efore all concerned
authorities as evidence of irrevoca%le consent for redevelop#ent having %een granted %y
the 'enant6+ccupant to the +wners,

D3, )n the event the redevelop#ent pro/ect conte#plated herein is transferred to a third
party& the said third party shall %e %ound %y the ter#s and conditions of this Agree#ent and
such transfer shall not in any #anner a%rogate the irrevoca%le SNo +%/ectionS granted %y the
'enant6+ccupant as #entioned in Clause D3 a%ove,

DD, )t is here%y e-pressly agreed& understood and recorded %y and %etween the parties
hereto as under that save and e-cept the right of allot#ent of the said new 9at of
tenant6occupant in the #anner stipulated herein 2

.a0 'he entire increased and additional F,S,), which #ay %e availa%le at any ti#e
hereafter in respect of the said property or FS) #arried to the said property due to any
change in the status& D,8, 8lan& D,C, Rules& Regulations and %ye=laws governing the FS) as
also the F,S,), which #ay %e availa%le on any account or due to any reason whatsoever& shall
always a%solutely and e-clusively %elong to and %e availa%le for the %ene@t of the +wners
and6or their no#inees as the case #ay %e and the 'enant6+ccupant shall not have or clai#
any rights& %ene@ts or interest whatsoever including for use and consu#ption in respect
thereofJ

.%0 'he +wners and6or their no#inees as the case #ay %e shall always have the full
right& a%solute authority and unfettered discretion to use& utilise and consu#e the aforesaid
FS)& additional FS) and6or the 'DR FS) for construction on any property in Breater Fo#%ay as
#ay %e per#itted %y law& including the said property at the sole and a%solute discretion of
the +wnersJ

.c0 'he +wners shall %e always entitled to avail the %ene@t of all per#issi%le areas free
of FS) .availa%le with6without pay#ent of pre#iu#0 without pay#ent of any consideration6
co#pensation to the 'enant6+ccupantJ

DI, )t is further agreed %etween the parties hereto that the clai# of the 'enant6+ccupant
against the +wners shall %e li#ited to the said new 9at and said car parking space agreed
herein to %e granted to hi#6her in the proposed new %uilding to %e constructed on the said
property and the %ene@t6right to use6avail of the co##on facilities6areas therein& and he6she
shall have no clai# or de#and to or share in any additional construction that #ay at any
ti#e %eco#e availa%le on the said property on any %asis whatsoever and6or that the
tenant6occupant shall not de#and any #onetary or any other consideration for any reason
whatsoever,

D>, 'he 'enant6+ccupant shall at the cost of the +wners #ake sign and e-ecute all
necessary letters& declarations& undertakings and other writings as #ay %e reEuired %y the
+wners to %e su%#itted to the Municipal Corporation& and other authorities for
redevelop#ent of the said property as per#itted under the D,C, Regulations& 44 and shall
co=operate with the +wners to ena%le the# to redevelop the said property,

DK, 'he 'enant6+ccupant here%y e-pressly declares and con@r#s that he6she6they
has6have e-ecuted these presents on his6her6their own free accord and will and without any
coercion or undue in9uence of whatsoever nature %eing e-ercised or act upon hi#6her,

D!, Neither party shall %e entitled to ter#inate this Agree#ent and the aggrieved party
shall %e entitled to speci@c perfor#ance of this Agree#ent,

D", 'his Agree#ent shall %e %inding on the parties hereto6heirs& e-ecutors and
ad#inistrators of the 'enant66+ccupant 6+wners,

D4, 'he Sta#p duty on this Agree#ent shall %e %orne and paid %y the +wners alone,

I?, 'he courts in Mu#%ai shall have e-clusive /urisdiction in case of any disputes
touching these presents,


.the said property0
All that piece and parcel of land or ground situate on and %eing 8lot No, K>D of the Dadar
Matunga Cstate of the Municipal Corporation of Breater Mu#%ai in the City and )sland and
Su% Registration District of Mu#%ai containing %y ad#easure#ent K4! sE,yds .>"3,!"
sE,#eters0 or therea%outs together with the %uilding OBanesh NiketanO constructed in or
a%out 55555 consisting of Bround and four upper 9oors occupied as per Anne-ure ) hereto
standing thereon %earing new survey No, K> .part0 and C, S, No, >?=D6? as #entioned
in the 8roperty Card which is anne-ed hereto Anne-ure )) and #ore particularly delineated
%y red colour %oundary line on the City Survey Map of Matunga Division as Anne-ure ))) and
assessed %y the Assessor and Collector of Municipal Rates and 'a-es under F :ard No, !""
.)D0 and Street No, ?A and %oundedJ

+n the North Cast 2 Fy plot No, K>=C of the said estate
+n the South Cast 2 Fy plot No, K>=F of the said estate
+n the South Cast 2 Fy I? Mhareghat Road
+n the North :est 2 Fy 8lot No,K>=F of the said estate


'he Flock6Roo# No,555555 ad#easuring 55555 sE, ft, .carpet area0 on the 55555 9oor of
%uilding known as ;Banesh Niketan< standing on the property descri%ed in the First
Schedule a%ove written,

%y the withinna#ed ;+wners<0
;J9 /79=;I07 B<7C:F /#:1 C:D,& 0
through its Directors 0
Mr, 555555555555 0

Fy the withinna#ed ;'enant6+ccupant 0
55555555555555555555555 0

700<@AB< R 6D8
9/<I$I7:ID0 70D 7;<0I:I<9

D7:<D :=I9 D7F D$ 200)

;J9 /79=;I07 B<7C:F /#:1 C:D,
U the +wners
AND

22222222222222222222
U 'enant6+ccupant

7EB<<;<0: $DB /<B;70<0: 7C:<B07:<
7D;;DD7:ID0 VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV

7EB<<;<0: $DB :B709$<B

AR')C(CS +F ABRCCMCN' is #ade and entered into at Mu#%ai on this day of55555

FC':CCN

Acworth Municipal Aospital for (eprosy& MCBM& a %ody corporate having perpetual
Succession and a co##on seal constituted %y the Mu#%ai Municipal Corporation Act& """
hereinafter referred to as ;the M,C,B,M,< .which e-pression shall unless repugnant to the
conte-t or #eaning thereof %e dee#ed to #ean and include its successor or successors&
ad#inistrator and assigns0 represented %y Dr, Anil Anant Fandiwadekar& the C-ecutive
Aealth +Ncer hereinafter referred to as C, A, +, hereinafter referred to as ;'he
+ccupant6+ccupant< Z:hich e-pression shall unless repugnant to the conte-t or #eaning
thereof %e dee#ed to #ean and include the successor or successors for the ti#e %eing
holding the oNce of C,A,+, of the First 8art,

AND

M6s, 8ASAM)NA RCA('7 8vt, (td, a @r# having oNce at DGG Floor& Fengal Che#ical Fuilding&
>?3& Veer Savarkar Marg& 8ra%hadevi Murn%ai I?? ?3> hereinafter referred to as ;the
Developer< .:hich e-pression shall unless it %e repugnant to the #eaning or conte-t
therefore %e dee#ed to #ean and include his heirs& e-ecutors and ad#inistrators0 of the
Second part,

:ACRCAS Municipal Corporation of Breater Mu#%ai& hereinafter referred to as ;MCBM< First
8arty is a %ody corporate having perpetual succession and co##on seal constituted vide
Mu#%ai Municipal Corporation Act& """,

AND :ACRCAS the Municipal Co##issioner for Frihan#u#%ai has inter alia deputed under
Section >K as enu#erated in Chapter )) of the Mu#%ai Municipal Corporation Act& """& the
powers of Municipal Co##issioner for Frihan#u#%ai to the Deputy Municipal Co##issioner,

AND :ACRCAS the M,C,B,M, First 8arty is a%solutely seiLed and possessed of or otherwise
well and suNciently entitled to the property an area >"3,!" sE,#tsJ %earing Cadastral
Survey No, >?D6? Matunga Division %eing 8lot No, K> D& Dadar Matunga Cstate& together
with %uilding thereon known as ;Banesh Niketan< na#e of the street and locality is Aindu
Colony& and street No,?A & under F6N ward& at Mhareghat Road& Mu#%ai I?? ?4&
hereinafter referred to as the ;said property< #ore particularly descri%e in the First
Scheduled hereunder written, And the na#e of M,C,B,M is #utated as a (essor in the C,S,
C-tract of the said property, 'he copy of C, S, C-tract is anne-ed hereof as S<x+ibit" 7Q,

AND :ACRCAS Fy a Deed of (ease dated 3!th Nove#%er& 4> #ade %etween Municipal
Corporation of Breater Mu#%ai& as a ;(essors< and First 8arty herein and Dr, Shakuntala%ai
:ife of Meshav 'alfade& as a ;(essee< of the Second 8art and that the Municipal Corporation
of Breater Mu#%ai& have given the said property #ore particularly descri%e in the First
Schedule hereunder on the perpetual lease unto Dr, Shakuntala%ai :ife of Meshav 'alfade&
and allowed to construct the %uilding thereon as per the ter#s and conditions #entioned
thereinJ, 'he said Deed of (ease dated 3!,,4> is registered in the oNce of the Su%=
Registrar of Assurances& Mu#%ai under Sr, No, DD3 of 4>,

AND :ACRCAS Dr, Shakuntala%ai :ife of Meshav 'alfade& as a ;(essee< had co#pleted the
construction of structure of Bround ] four 9oors and hand over the one Roo# i,e, Flat No,
at Bround Floor on the tenancy %asis and fro# thereafter the M,C,B,M, First 8arty is now
a%solutely seiLed and possessed of or otherwise well and suNciently entitled to the said 9at&
area ad#easuring appro-, !?> sE, ft, .Carpet0 in the %uilding known as ;Banesh Niketan< at
Mhareghat Road& Aindu Colony& Mu#%ai I?? ?4& .hereinafter referred to as Hthe e-isting
pre#isesG #ore particularly descri%ed in the Second Scheduled hereunder written0, Situate
on 9oor of the e-isting old dilapidated structure on the said property and he6she here%y
assures the Developer that he6she will duly perfor# co#ply with and o%serve the ter#s&
conditions& restrictions& covenant and stipulations contained hereinafter and to %e
perfor#ed& co#plied with and o%served on his6her part,

AND :ACRCAS Fy a divest#ent of Assign#ent and %y a Deed of Assign#ent dated 3I<
+cto%er& 3??K M6s, 8ASAM)NA RCA('7 8vt, (td,J the 8arty of Second 8art had acEuired all the
lease rights of the said property fro# present lessee Mr, NARA7AN BANCSA MP(MARN), 'he
said Deed of Assign#ent dated 3I,?,3??K is registered in the oNce of the Su%=Registrar of
Assurances& Mu#%ai under Sr, No, FFC=6 D of 3??K, 'he copy of Deed of Assign#ent is
anne-ed as 6<x+ibit" !8,

AND :ACRCAS 'he Assigner_ Developer i,e, the 8arty of Second 8art is desirous of re=
developing the e-isting old dilapidated structure on the said property under +CR DD .!0 and
Appendi- =)))& or any policy #ade %y MCBM or Bovern#ent of Maharashtra or any other
concerned authorities,

AND :ACRCAS 'he Assignor6Developer has o%tained ;No +%/ection Certi@cate< %earing No,
R6N+C6F=4D6336MFRRF= dated ?I6?>63? for redevelop#ent with #ore F,S,), fro#
the Co#petent Authority i,e, M,A,A,D,A in lieu of reha%ilitation of e-isting occupiers6
+ccupants and on the ter#s and conditions and as per the nor#s prescri%e in the D,C,R,=
44, 'he copy of N,+,C is anne-ed hereof as <x+ibit" 68,

AND :ACRCAS M,C,B,M, First 8arty is a%solutely seiLed and possessed of or otherwise well
and suNciently entitled and the 8arty of the First part has %een paying #onthly rent of Rs,
4D,D>6= .Rupees +ne Aundred Ninety 'hree and 'hirty Five 8aises +nly0 and therefore the
M,C,B,M is as an eligi%le +ccupant6 +ccupant and %ene@ciary for .he per#anent alternate
acco##odation .herein after called ;new proposed pre#ises in lieu of the said e-isting
pre#ises i,e, 9at No, an area ad#easuring appro-, !?> sE, ft, .Carpet0 in the %uilding
known as ;Banesh Niketan< at Mhareghat Road& Aindu Colony& Mu#%ai I?? ?4 and #ore
particularly descri%e in the ;'hird scheduled hereunder written<

AND :ACRCAS under the aforesaid circu#stances the M,C,B,M is an eligi%le +ccupant6
occupant for the e-isting pre#ises #ore particularly descri%e in the Second Scheduled
hereunder written and therefore the Developer is li%el to provide per#anent alternate
acco##odation to the M,C,B,M .herein after referred as ; said new pre#ises< #ore
particularly descri%e in the 'A)RD Scheduled hereunder written&0 on the ownership %asis as
per the ter#s and condition of ;No +%/ection Certi@cate< %earing No, R6N+C6F=
4D6336MFRRF=ll dated ?I6?>63? issued %y M,A,A,D,A,

AND :ACRCAS Second 8arty has desirous of co##encing the develop#ent work and
providing per#anent alternate acco##odation i,e, said new pre#ises on ownership %asis to
the %ene@ciary tene#ent under the provision of Maharashtra Flat +wnership Act 4 hence
they have called upon the +ccupant i,e, First 8arty to e-ecute these presents,

0DG :=<B<$DB< :=I9 I0D<0:AB< GI:IT0<9 9<:= 70D I: I9 =<B<!F 7EB<<D !F
70D !<:G<<0 :=< /7B:I<9 =<B< :D 7 A0D<BH

, 'he parties hereto agree that the recitals hereina%ove enu#erated shall %e dee#ed
to for# part and parcel of the ter#s and conditions of this Agree#ent as if the sa#e have
%een set out and incorporated herein,
3, 'he Developers here%y agree that the develop#ent6 construction work %eing
undertaken on the said 8roperty shall %e undertaken in accordance and in co#pliance with
the provisions of the Develop#ent Control Regulations for Breater Mu#%ai& 44,

D, 'he +ccupant here%y agree to handover the vacant and peaceful possession of the
said pre#ises to the developer within a period of one #onth fro# the Developer o%taining
),+,D,6 C,C in respect of the said 8roperty,

I, 'he Developer here%y represent to the occupant that they alone are entitled to
develop the said property descri%ed in the schedule hereunder written and the sa#e is free
fro# all encu#%rances AND 'AA' they shall have full rights titles interest and& authority to
enter into these presents and to e-ecute the develop#ent work envisaged herein,

>, 'he Developer in order to de#olish e-isting structures and to construct new
%uildings thereon& agree to e-cept Co#pensation in lieu of the e-isting pre#ises,

K, Co#pensation of Rs,D?&???6= .Rupees 'hirty 'housand +nly0 shall %e paid to such
+ccupant till the 8er#anent Alternate Acco##odation is ready for occupation,

!, 'he Developer here%y covenants with the +ccupant that they& will %e %ound %y the
decision of the Municipal Co##issioner should there %e any grievances or diTerences of
opinion or dispute arising fro# and out of or in connection with these presents,

", 'he +ccupant here%y covenants with the Developer that he6she will %e %eco#e an
+wner therefore he6she will not lia%le to or continue to pay to Developer the rent and ta-es
now paya%le %y hi#6her in respect of the said new pre#ises, Aowever shall %ear and pay all
the electricity and water charges consu#ed %y her6hi# in and fro# and up till he6she
vacates the said e-isting pre#ises and takes possession of the 'e#porary Alternate
Acco##odation in the new proposed %uilding,

4, 'he +ccupant here%y covenants with the Developer that as and when called upon to
do so they6 he6she shall without any de#ur delay and hand over vacant and peaceful
possession of the e-isting tene#ent 6 pre#ises,

?, 'he Developers shall co#plete the construction of the %uilding 6 %uildings on the said
8roperty in all respect within a period of three years fro# the date of issue of the
Co##ence#ent Certi@cate .C,C0,

, 'he Chief Cngineer .Develop#ent 8lan0 of the MCBM #ay however grant e-tension
fro# ti#e to ti#e for valid reasons as per the prevailing policy or 'he Developer shall %e
entitled to reasona%le e-tension of ti#e for giving the possession of 8er#anent
Acco##odation to the eligi%le #e#%ers6 occupants of the said pre#ises& if the co#pletion
of the said pro/ect is delayed on account of2
a, Non=availa%ility of Ce#ent& Steel& :ater or any other Fuilding Material or even
Clectric Supply,
%, :ar& Civil Co##otion& Riots& Strikes& or any AC' +F B+D or M)S=AMAJ+R,
c, Any Notice& +rder& Rule& Noti@cation of the Bovern#ent and or of the Authorities& or
Foard& or of any 8u%lic Co#petent Authority,
d, Natural Cala#ity or %y reason of any national or international happening or event,
e, Any Stop work Notice issued %y any court of law or MCBM or any Statutory Authority,
f, Any other course %eyond the control of the Developer,

3, 'he +ccupant here%y further covenants with Developer that for any reason if he6she
fails or neglects to take possession of the per#anent alternate acco##odation Developer
within the period #entioned in the aforesaid notice period she shall peruse %eco#e lia%le to
%ear and pay his6her contri%ution towards the outgoings in respect of 8er#anent Alternative
Acco##odations,

D, 'he Developer has decided to develop the said 8roperty under DCR DD .!0& or any
policy #ade %y MCBM or Bovern#ent of Maharashtra or any other concerned authorities %y
constructing new %uildings thereon %y de#olishing the e-isting structures %y providing to
the +ccupant a per#anent alternate acco##odation %eing self contained 9at on +wnership
%asis in lieu of the +ld e-isting 'enancy pre#ises,

I, 'he Developer has agreed to undertake to provide and 6 or hand over 8er#anent
Alternative Acco##odation what is known as +wnership %asis& a 8er#anent Alternative
Acco##odation %eing No, 55555 having a carpet area of 55555SE, #trs, i,e,!?> SE, ft, at 55555
9oor in the proposed Multi =story %uilding 6 %uildings %eing constructed on the said 8roperty
.hereinafter referred to as the said pre#ises0 to the occupant i,e, M,C,B,M, free of cost and
free of encu#%rances #ore particularly descri%ed in the Second Schedule hereunder written
in lieu of his6her6its e-isting tene#ent6pre#ises %earing Flat No, ad#easuring appro-, !?>
SE, ft, carpet area .hereinafter referred to as the e-isting pre#ises0 %y the +ccupant,

>, 'he Developers shall give a Fank Buarantee of Rs,>W actual valuation
.Rupees555555555555550 or an Pndertaking for faithful co#pliance of the ter#s and conditions
of this Agree#ent and for co#pliance of the for#alities as #ay %e speci@ed %y the Chief
Cngineer .Develop#ent 8lan0 of the MCBM, 'he said Fank Buarantee shall %e released after
satisfactory co#pliance %y the Developers of the ter#s and conditions of this Agree#ent
and the for#alities as #ay %e speci@ed %y the Chief Cngineer .Develop#ent 8lan0 of the
MCBM,

K, 'he Developers shall deposit the su# of Rs,D&??&???6= .Rupees 'hree (akhs
'housand +nly0 as a security deposit without %earing interest for faithful co#pliance of the
ter#s and conditions of this Agree#ent and for co#pliance of the for#alities as #ay %e
speci@ed %y the Chief Cngineer .Develop#ent 8lan0 of the MCBM, 'he said Security deposit
shall %e refunded after getting possession of the said pre#ises fro# the Developer as per
the ter#s and conditions of this Agree#ent and the satisfaction of the Chief Cngineer
.Develop#ent 8lan0 of the MCBM within in a #onth of handing over the possession of
8er#anent Alternate Acco##odation,

!, )t is here%y agreed %y and %etween the parties hereto that in the event of the
Developers co##itting %reach of any of the ter#s and conditions of this Agree#ent& the
Director .C, S, R 8,0 shall forfeited the Security Deposit,

", 'he Developers here%y agree that any defect that #ay occur in the said pre#ises to
%e handed over %y the Developers to the MCBM free of cost and free of encu#%rances
within one year fro# the date of handing over the possession shall %e recti@ed %y the
Developers at the risk and cost of the Developers and for faithful co#pliance of this
reEuire#ent ?W a#ount of the Security Deposit shall %e retained %y the MCBM, And the
sa#e will %e refunded i##ediately on co#pletion of one year,

4, 'he Developers here%y agree that su%=division 6 a#alga#ation and the layout
proposal of the said 8roperty shall %e got approved %y the Developers fro# the C-ecutive
Cngineer .Fuilding 8roposal0 City of the MCBM and the Developers shall o%tain necessary
transfer on C,8,' fro# Cstate depart#ent and also on the 8roperty Registered Cards fro#
City Survey +Nce,

3?, 'hat the Developer doth here%y declare and covenant with the +ccupier that there
are no encu#%rances& charges& de%ts& liens& attach#ents& clai#s or de#ands of whatsoever
nature su%sisting on the said property as well as the %uilding constructed thereupon
including the said pre#ises transferred %y these presents and that the sa#e are not the
su%/ect #atter of any suit& litigations or proceedings and has not %een oTered as a security
or otherwise to any Court or Revenue Authority& any person or persons& any Co#pany or
Fank& any third party or legal entity,

3, 'hat the Developer doth here%y covenant with the +ccupant that the Developer shall
at all ti#es inde#nify and keep inde#ni@ed save and har#less the +ccupant against all
clai#s and de#ands of whatsoever nature #ade in respect of the %uilt up a#enity here%y
transferred unto the +ccupant for the e-clusive use of the +ccupant free of cost and free of
encu#%rances along with the independent e-clusive facilities 6 a#enities provided for the
%uilt up a#enity and shall #ake good unto the +ccupant as #ay %e put to incur or suTer %y
reason of any charges %eing levied %y the Co=operative Society for#ed %y the %uyers 6
purchasers of the tene#ents 6 units 6 pre#ises in the %uilding 6 %uildings constructed on the
said property upon the +ccupant or %y reason of the +ccupant %eing stopped fro# using the
%uilt up a#enity in whatsoever #anner or %y reason of any defect or de@ciency in the title of
the Developer in the said property& the %uilding constructed there upon including the %uilt
up a#enity or any #istake or de@ciency in the description or other particulars of the said
property& the %uilding 6 %uildings constructed thereupon including the %uilt up a#enity,

33, 'hat the Developer do here%y declare that all the ta-es& land revenue and other
rates& charges& duties and cess paya%le in respect of the said property and 6 or the %uilding
constructed thereupon including the %uilt up a#enity upto the date of these presents have
%een fully paid %y the Developer and the Developer doth here%y covenant with the
+ccupant that if any ta-es& land revenue and other rates& charges& duties and cess paya%le
have re#ained unpaid the Developer shall discharge the sa#e fro# and out of the funds of
the Developer,

3D, 'he Developer here%y agree and con@r# that the +ccupant shall not %e a #e#%er of
the Co=operative Society for#ed %y the %uyers 6 purchasers of the tene#ents 6 units 6
pre#ises in the %uildings constructed upon the said property and shall not %e lia%le to pay
unto the said Co=operative Society& the property ta-es or any other ta-es& rates& duties& cess
or charges including #aintenance charges& sinking fund charges& repair fund charges etc, in
respect of the %uilt up a#enity here%y transferred for the e-clusive use of the +ccupant free
of cost and free of encu#%rances along with the independent e-clusive facilities 6 a#enities
provided for the %uilt up a#enity, )t is here%y agreed that the +ccupant shall #aintain the
%uilt up a#enity here%y transferred for the e-clusive use of the +ccupant free of cost and
free of encu#%rances including the independent e-clusive facilities 6 a#enities provided for
the said pre#ises including the drainage syste# of the said pre#ises, )t is here%y further
agreed that the Developer have infor#ed and %rought to the knowledge of the %uyers 6
purchasers of the tene#ents 6 units 6 pre#ises in the %uilding constructed on the said
property the aforesaid facts and they have sold the respective tene#ents 6 units 6 pre#ises
su%/ect to the a%ove facts and the Developer here%y con@r# that any lia%ility inspite of the
a%ove i#posed upon the +ccupant in this regard shall %e discharged %y the Developer,

3I, 'he Developer here%y agree that the +ccupant shall %e entitled to use the said
pre#ises a#enity for any purpose 6purposes as #ay %e desired Co##issioner and the
Developer here%y further agree that the +ccupant 6 the Municipal Co##issioner shall %e
entitled to undertake or per#it undertaking of additions 6 alterations within the %uilt up
a#enity and the Developer here%y con@r# that they have infor#ed and %rought to the
knowledge of the %uyers 6 purchasers of the tene#ents 6 units 6 pre#ises in the %uilding
constructed on the said property the aforesaid fact and have sold the respective tene#ents 6
units 6 pre#ises su%/ect to the a%ove fact,

3>, 'he Developer here%y agree that the +ccupant 6 the Municipal Co##issioner shall
%e entitled to handover the said pre#ises to any person or persons& any third party or legal
entity for operation& #anage#ent and #aintenance on the ter#s and conditions as #ay %e
decided %y the +ccupant 6 the Municipal Co##issioner, 'he Developer here%y con@r# that
they have infor#ed and %rought to the knowledge of the %uyers 6 purchasers of the
tene#ents 6 units 6 pre#ises in the %uilding 6 %uildings constructed on the said property the
aforesaid fact and have sold the respective tene#ents 6 units 6 pre#ises su%/ect to the
a%ove fact,

3K, 'he Developer here%y agree that the +ccupant 6 the Municipal Co##issioner shall
%e entitled to dispose of the said pre#ises in favour of any person or persons& any third
party or legal entity on the ter#s and conditions as #ay %e decided %y the +ccupant 6 the
Municipal Co##issioner, 'he Developer here%y con@r# that they have infor#ed and
%rought to the knowledge of the %uyers 6 purchasers of the tene#ents 6 units 6 pre#ises in
the %uilding constructed on the said property the aforesaid fact and have sold the respective
tene#ents 6 units 6 pre#ises su%/ect to the a%ove fact,

3!, 'he Developer here%y agrees that the +ccupant shall have the right to connect the
drains of the said pre#ises with the drainage syste# of the said property as well as the
drainage syste# of the %uilding constructed on the said property and if so connected the
#aintenance of the drainage syste# of the said pre#ises shall %e %ared %y that of the Co=
operative Society for#ed %y the %uyers 6 purchasers of the tene#ents 6 units 6 pre#ises in
the %uilding constructed upon the said property, )t is here%y further agreed %y the Developer
have infor#ed and %rought to the knowledge of the %uyers 6 purchasers of the tene#ents 6
units 6 pre#ises in the %uilding constructed on the said property the aforesaid fact and have
sold the respective tene#ents 6 units 6 pre#ises su%/ect to the a%ove fact and any lia%ility
inspite of the a%ove i#posed upon the +ccupant in this regard shall %e discharged %y the
Developer,

3", 'he Developers shall pay the sta#p duty as applica%le on this present Deeds
e-ecuted in respect of the said alternate acco##odation %efore approval of plans in the
#atter of develop#ent of the said 8roperty,

34, 'he Developers shall hand over and shall li%el to hand over the 8roposed roo# #ore
particularly descri%e in the scheduled hereunder written in favour of the M,C,B,M and the
Developers shall not serve purchase notice upon the MCBM under Section 3! of the
Maharashtra Regional and 'own 8lanning Act& 4KK,

D?, 'he Developers here%y agree and undertake that since the said 8er#anent Alternate
Acco##odation proposed i,e, new pre#ises roo# for#s part of a %uilding for user of other
8u%licJ the Developers shall provided other necessary access& facility& infrastructure and
a#enity as necessary to continue the residential use& so as to ensure proper changes 6
provisions in the layout for the new proposed pre#ises as per the reservation for said
e-isting pre#ises as well as ensuring availa%ility of access& facility& infrastructure and
a#enity to the said proposed new pre#ises shall %e co#ply as per the satisfaction of the
Chief Cngineer .Develop#ent 8lan0 of the MCBM,

D, 'he Developers shall not use these present deed and the develop#ent per#ission
granted to develop 6 undertake construction on the said 8roperty as an instru#ent to evict
fro# the said 8roperty the e-isting occupants 6 +ccupants,

D3, 'he Developers shall o%ey and co#ply with all the conditions #entioned in the N,+,C
issued under No, R6N+C6F * 4D6336MFRRF= dated Ith May 3? %y the M,A,A,D,A,

DD, )n case of %reach of agree#ent fro# the Developer the Co##issioner reserves the
rights to ter#inate the agree#ent at any stage %y giving > .@fteen0 days notice to the
Developer herein, Aowever& it is clari@ed that if the Developer to %e cure the %reach within
the ti#e then this agree#ent shall %e re#ain continue in force,

DI, 'he Co##issioner reserves this Special rights to ter#inate the agree#ent at any
stage without assigning any reason whatsoever with one #onth notice to the Developer as
well as shall %e withhold the +ccupation Certi@cate and the Fuilding Co#pletion Certi@cate
of the %uilding constructed on the said 8roperty or any part thereof& if developer co##its
%reach of contract,

D>, 'he Developers shall pay the entire sta#p duty& registration charges and all other
incidental charges of this Agree#ent or any other docu#ents& if reEuired,

:=< $IB9: 9=<DAC< 7!D#< B<$<BB<D :DH

All that pieces or parcels of land and ground an area >"3,!" sE, #tsJ situate lying and %eing
%earing Cadastral Survey No, >?D6? and %earing new Survey No,K>.p0& Matunga
Division %eing 8lot No,K> D& Dadar Matunga Cstate& together with %uilding thereon known
as ;Banesh Niketan< Na#e of the street and locality is Aindu Colony& and Street No,?A&
under F6N ward No,!"".D0& at Mhareghat Road& Mu#%ai I?? ?4 or therea%out in the
Registration District and Su%=District of Mu#%ai City and Mu#%ai Su%ur%an and %ounded as
follows2=

+N +R '+:ARDS 'AC N+R'A CAS'2 8lot No, K>=C of the said Cstate
+N +R '+:ARDS 'AC S+P'A :CS'2 I?G Mhareghat Road
+N +R '+:ARDS 'AC S+P'A CAS'2 8lot No, K>=F of the said Cstate
+N +R '+:ARDS 'AC N+R'A :CS'2 8lot No, K>=F of the said Cstate

:=< 9<D0D 9=<DAC< 7!D#< B<$<BB<D :D H"

Fuilt up area ad#easuring 5555555 SE ,#trs, i,e, 55555 SE, ft, on Bround 9oor in the for# of
tene#ents in the %uilding with lift constructed on the piece or parcel of land an area >"3,!"
sE,#tsJ situate lying and %eing %earing Cadastral Survey No, >?D6? Matunga Division
%eing 8lot NoK> D& Dadar Matunga Cstate& together with %uilding thereon known as
;Banesh Niketan< Na#e of the street and locality is Aindu Colony& and Street No, ?A&
under F6N ward No,!"".D0& at Mhareghat Road& Mu#%ai I?? ?4 or therea%out in the
Registration District and Su%=District of Mu#%ai City and Mu#%ai Su%ur%an and descri%ed as
follows 2=
Fuilding 6Flat No, Floor Area
Bround !?> sE, ft, Carpet

)N :)'NCSS :ACRC+F 'AC 8AR')CS ACRC'+ AAVC 8P' 'AC)R RCS8CC')VC AANDS AND SCA(
'AC DA7 AND 7CAR F)RS' ACRC)NAF+VC :R)''CN,

Fy the withinna#ed 0
Shri, Dr, Anil A, Fandiwadekar 0
the Director .Cngineering Services R 8ro/ects 0
for and on %ehalf C-ecutive Aealth +Ncer 0
'he Municipal Corporation of Breater Mu#%ai 0
)n the presence of 0
,
3,

Fy the within na#ed 0
M6s, 8ASAM)NA RCA('7 8vt, (td 0
'hrough its Director Mr, 5555555555555555 0
,
3,
DA'CD 'A)S DA7 +F 3?
FC':CCN
Acworth Municipal Aospital for leprosy
Ma/or 8arrneshwaran Road&
Near S,),:,S, College& :adala&
Mu#%ai= I?? ?D,
AND
C-ecutive Aealth +Ncer
For and on %ehalf of 'he Municipal Corporation of Breater Mu#%ai,
AND
8ash#ina Realty 8vt, (td

7EB<<;<0: $DB :B709$<B D$ /<B;70<0: 7C:<B07:I#< 7D;;DD7:ID0

Shri, R, A, Malandkar
(aw +Ncer&
Municipal Corporation of
Breater Mu#%ai& Fort&
Mu#%ai= I?? ??,

7EB<<;<0: $DB /<B;70<0: 7C:<B07:< 7D;;DD7:ID0

'A)S ABRCCMCN' F+R 8CRMANCN' A('CRNA'C ACC+MM+DA')+N #ade at Mu#%ai this 555
day of Septe#%er in the Christian 7ear 'wo thousand and Four and #ade %etween DAR8A(
)NVCS'MCN'S& a partnership @r# having its oNce at 3=A& 3nd 9oor& Fahadur ManLil& Store
(ane& +T 8, M, Road& Fort& Mu#%ai I?? ?? hereinafter referred to as ;the Developers<
.which e-pression shall unless it %e repugnant to the conte-t and #eaning thereof dee# to
#ean and include the partners for ti#e %eing of the said @r# and the partners fro# ti#e to
ti#e of the said @r# and the heirs& e-ecutors and ad#inistrator of the last surviving partner0
of the F)RS' 8AR' AND SAR) 8RAFAAMAR AAR)FAAP 8A'ANMAR& of Mu#%ai )ndian )nha%itant
and residing at Bround 9oor& K6KD& Aari Nivas& M,M, Marg& Jaco% Circle& Mu#%ai I?? ?
hereinafter referred to as ;the +wner< .which e-pression shall unless it %e repugnant to the
conte-t and #eaning therof dee# to #ean and include his heirs& e-ecutors and
ad#inistrators0 of the SCC+ND 8AR' AND 5555555555555555555555555555555555 of Mu#%ai
)ndian )nha%itant and residing at Bround 9oor& K6KD& Aari Nivas& M,M, Marg& Jaco% Circle&
Mu#%ai I?? ? hereinafter referred to as ;the 'enant< .which e-pression shall unless it %e
repugnant to the conte-t and #eaning therof dee# to #ean and include his heirs& e-ecutors
and ad#inistrators0 of the 'A)RD 8AR'2

: A C R C A S 2

, 'he +wner is seiLed and possessed of and otherwise well and suNciently entitled to
all that piece and parcel of land and ground ad#easuring 3D? sEuare yards eEuivalent to
4!,DD sEuare #eters or therea%outs %earing C, S, No, 444 and %earing Cess No, C6!I?D.0
R !I?D.A0 of Fyculla Division together with tenanted %uilding standing thereon and known
as ;Aari Nivas< and co#prising of ground ] 3 upper 9oors .hereinafter referred to as ;the
said %uilding<0 and delineated on the 8lan hereto anne-ed and thereon shown surrounded %y
%lack colour %oundary line and #ore particularly descri%ed in the Schedule hereunder
written .hereinafter referred to as ;the said property<0J

D, 'he 'enant is a #onthly tenant and in use and occupation of Roo# No,555
ad#easuring 555555 sEuare feet on the 555 9oor in the said Fuilding .hereinafter referred to
as ;the said pre#ises<0J

I, 'he +wner was desirous of hi#self developing the said property and in pursuance of
such desire entered into an Agree#ent with the 'enant for granting an alternate
acco##odation in the new %uilding that the said +wner #ay construct on the said property
.hereinafter referred to as ;the said Agree#ent;0,

>, Aowever in view of the lack of funds and e-perience the +wner has %y a
Develop#ent Agree#ent dated Kth Septe#%er& 444 granted develop#ent rights in respect
of the said property to the Developers herein at or for the consideration and on the ter#s
and conditions therein containedJ

K, Pnder the said Develop#ent Agree#ent it was agreed %y and %etween the +wner
and the Developers that the Developers shall at its own cost and e-pense provide an
per#anent alternate acco##odation to the tenants in respect of the roo#s in the said
%uildingJ

!, 8ursuant to the said Develop#ent Agree#ent the Developers have agreed to provide
per#anent alternate acco##odation to the 'enant herein free of cost %eing one 9at
ad#easuring 55555 sEuare feet carpet area .hereinafter referred to as ;the said new 9at<0 on
ownership %asis in lieu of the 'enant surrendering his6her tenancy rights in respect of the
said pre#ises in the #anner set out hereunder and the 'enant has agreed to accept the
sa#e on the ter#s and conditions hereinafter appearing2=

N+: 'A)S ABRCCMCN' :)'NCSSC'A AND )' )S ACRCF7 ABRCCD F7 AND FC':CCN 'AC
8AR')CS ACRC'+ AS F+((+:S2

, )t is agreed that all the recitals contained hereina%ove shall for# an integral part of
this Agree#ent as if the sa#e are reproduced herein ver%ati#,

3, )t is here%y agreed %y and %etween the parties hereto that the said Agree#ent
entered into %y the +wners with the 'enant shall stand cancelled6ter#inated fro# the date
hereof and neither parties shall have any rights and lia%ilities against the other,

D, 'he 'enant shall surrender his6her tenancy rights and Euit vacate and handover
vacant and peaceful possession of Roo# No,5555 ad#easuring 55555 sEuare feet on the 5555
9oor of the said %uilding known as ;Aari Nivas< and standing on the said property
.hereinafter referred to as ;the said pre#ises<0 in lieu of which the Developer shall
provide6allot to the 'enant a per#anent alternate acco##odation free of cost and on
ownership %asis %eing a self contained 9at of carpet area of 555555 sEuare feet in the
proposed new %uilding to %e constructed after de#olishing the e-isting Aari Nivas
.hereinafter referred to as ;the said new 9at<0, 'he Developers shall provide a#enities in the
said new 9at as #entioned in Anne-ure HAG attached hereto,

I, )t is however e-pressly agreed %y and %etween the parties hereto that the
Developers have agreed to allot the said new 9at on the e-press understanding and
assurance of the 'enant that he6she shall co=operate and co#ply with all the ter#s of the
agree#ent& without causing any o%struction6 hindrance of whatsoever nature to the ti#ely
co#pletion of the develop#ent of the said property as envisaged herein and shall if reEuired
sign and e-ecute all applications& letters and other necessary docu#ents and papers as #ay
%e reEuired %y the Municipal Corporation of the Breater Mu#%ai for sanctioning of the
%uilding plans& )+D& CC to the Developers for co##encing the construction of the said
%uilding,

>, )t is agreed %y and %etween the parties hereto that upon the sanction of the %uilding
plans and grant of )nti#ation of Disapproval .)+D0 %y the Municipal Corporation of Breater
Mu#%ai .MCBM0 the 'enant shall handover vacant and peaceful possession of the said
pre#ises to the Developer, 'he Developers shall inti#ate the 'enant that the %uilding plans
have %een sanctioned and within ! days fro# the date of such inti#ation the 'enant shall
re#ove hi#self6herself& his6her fa#ily #e#%ers and all his6her %elongings fro# the said
pre#ises and deliver and handover vacant and peaceful possession of the said pre#ises
presently in the occupation of the 'enant,

K, )t is here%y agreed %y and %etween the parties hereto that the Developer shall %e
the 'enant shall not %e entitled to raise any o%/ection to the sa#e provided such
a#end#ents does not pre/udice the rights of the 'enant under this Agree#ent,

!, )t is here%y agreed %y and %etween the parties hereto that the Developers shall not
provide any te#porary alternate acco##odation to the 'enants and the 'enants shall #ake
their own arrange#ents, Aowever the Developers has agrees and undertakes to pay a su#
of Rs,555555556= .Rupees 55555555555555555 only0 per #onth to the tenant as and %y and way
of co#pensation towards te#porary alternate acco##odation during the ter# of
redevelop#ent6develop#ent of the said property, )t is e-pressly agreed %y and %etween the
parties hereto that the Developers shall not %e lia%le to pay to the 'enant any further
su#s6a#ounts for any reason whatsoever,

", 'he 'enant here%y gives his6her irrevoca%le consent and authority to the +wners and
Developers to de#olish the said %uilding and the said tenanted pre#ises upon his6her
handing over vacant possession of the sa#e to the Developer and agrees and undertakes to
e-ecute such deeds& docu#ents and6or writings as #ay%e reEuired %y any
authority6authorities and give no o%/ection for the purpose whenever reEuired,

4, Ppon the 'enant delivering vacant and peaceful possession of the said tenanted
pre#ises to the Developers& the Developers shall %e entitled to de#olish the said tenanted
pre#ises and co##ence the work of construction of the proposed new %uilding thereon,

?, 'he 'enant here%y con@r#s that he6she has no o%/ection to the Developer
developing the said property as per the plan that #ay %e sanctioned %y the MCBM %y using
and consu#ing the entire availa%le F, S, ), and the 'DR in respect of the said property,

, 'he Developers shall carry out and co#plete the work of construction of the
proposed new %uildings and give possession of the said new 9at agreed to %e allotted to the
'enant within a period of 5555 #onths fro# the date of issue of Co##ence#ent Certi@cate
of the proposed new %uilding %y the Municipal Corporation of the Breater Mu#%ai, 'he
Developers shall forthwith on such co#pletion give inti#ation to the 'enant to take
possession of the said new 9at to %e allotted as per#anent alternative acco##odation to
the 'enant and the 'enant shall within D? days of receipt of such inti#ation take possession
of the said new 9at as per#anent alternative acco##odation, 'he Developers shall not %e
lia%le to pay towards the #onthly co#pensation towards te#porary alternate
acco##odation fro# the e-piry of D? days of giving inti#ation to the 'enant to take
possession of the per#anent alternate acco##odation,

V, )f the 'enant fails to take possession of the per#anent alternate acco##odation
within a period of D? days fro# the date of receipt of the said notice %y hi#6her& the tenant
shall forfeit his6her rights over and upon the per#anent alternate acco##odation allotted to
hi#6her %y this Agree#ent,

3, 'he 'enant shall also pay to the Developers at the ti#e of delivery of possession of
the said new 9at to the 'enant& the following2=

.a0 a su# of Rs,D>?6= .Rupees 'hree Aundred Fifty only0 as share #oney and entrance
fee for #e#%ership for the Co=operative Aousing Society to %e for#ed of all the Flat holders
in the proposed new %uildingJ

.%0 Rs,555555556= for for#ation and registration of the co=operative housing societyJ

.c0 a su# of Rs, 55555556= .Rupees 555555555555555 only0 as deposit towards his6her
share6contri%ution to the Municipal 'a-es& :ater Charges& and the Maintenance Charges of
the said property& till the Co=operative Aousing Society or other Association of 9at holders is
for#ed and registeredJ

.d0 8ay every #onth fro# the date of delivery of possession of the said new 9at to
hi#6her& as his6her proportionate share in Municipal 'a-es& :ater Charges& Maintenance
Charges as #ay %e applica%le and levied in respect of the said new 9at till the for#ation of
the Co=operative Aousing Society or other Association of the 9at holdersJ

.e0 Rs,555555556= towards electric and water #eter and @re cess deposits,

D, )f the 'enant fails to pay towards his6her share6contri%ution of #unicipal ta-es& water
charges and #aintenance charges of the said new 9at& the Developers shall %e entitled to
pay the sa#e fro# the said deposit under clause 3.c0, 'he Developers shall not %e lia%le to
#aintain separate account of such deposits received fro# the 'enant and other tenants and
Flat 8urchasers individually, 'he Developers shall render a consolidated account to the Co=
operative Aousing Society or other Association of the 9at holders and transfer the %alance
after #aking all the aforesaid deductions to such Society6Association,

I, 'he 'enant here%y agrees that upon handing over possession of the said new 9at the
'enant shall sign and e-ecute the usual agree#ent as provided under the Maharashtra
+wnership Flats .Rules R Regulation0 Act& and the 'enant doth here%y agrees to %eco#e
#e#%er of the co=operative housing society or any other association that shall %e for#ed of
the allottees69at owners of 9ats and pre#ises in the new %uilding, 'he 'enant shall %e lia%le
to the Developer& and thereafter to the Society when for#ed& for the pay#ent of the
proportionate ta-es& #aintenance charges and outgiongs in respect of the said 9at fro# the
date of possession thereof& and a%ide %y the %ye=laws& rules and regulations fra#ed and6or
adopted %y the society6condo#iniu# for ti#e to ti#e, Further sta#p duty and registration
fees paya%le on such Agree#ent shall %e %orne and paid %y the 'enant alone,

>, 'he 'enant shall continue to pay every #onth a su# of Rs, 5555556= as rent and
water charges to the +wners as also the electricity charges till he6she is allotted te#porary
alternative acco##odation, )t is further agreed that the 'enant will continue to pay the
aforesaid rent to the +wners until the 'enant is put in possession of the said new 9at,

K, 'he tenancy rights of the 'enant in the tenanted pre#ises shall stand auto#atically
surrendered upon the Developers oTering possession of the said new 9at to the 'enant
without reEuiring any further writing or act and that the tenant shall not %e entitled to clai#
tenancy rights in the proposed new %uilding or any part thereof of whatsoever nature
against the +wners and the Developers and further agrees to inde#nify and keep
inde#ni@ed the +wners and the Developers against the sa#e,

!, 'he 'enant here%y declares and states that no one e-cept hi#self6herself has any
right& title or interest of any nature whatsoever in the tenanted pre#ises or any part thereof
and that he6she has not created any third party right therein or parted with possession of
the sa#e or any part thereof to any third party& or created any charge or encu#%rance of
any nature whatsoever therein or any part thereof and shall inde#nify and keep inde#ni@ed
the +wners and the Developers fro# and against clai#s received fro# any third party
including any fa#ily #e#%ers and6or relatives of the tenant,

", 'he 'enant shall not under any circu#stances transfer or assign his6her tenancy
right and6or create third party right of whatsoever nature in the tenanted pre#ises and6or
his6her rights in respect of the said new 9at during the period of redevelop#ent and further
undertakes that the said new 9at shall %e used %y hi#6her for residential purposes only,

4, )f for any reason other tenants or any one of the# fail to enter into with the
Developers& Agree#ents si#ilar to these presents or if after entering into such Agree#ents&
the 'enant or any one of the tenants of the said property fail to deliver vacant and peaceful
possession of the tene#ents or roo#s in his6her or their occupation then and in such case it
shall %e at the option of the Developers to rescind this Agree#ent %y giving @fteen days
notice in writing to the 'enant , )n case of the Developers rescinding this Agree#ent& the
'enant shall %e entitled to continue to occupy the tenanted pre#ises in the e-isting
structures at the present rent, 8rovided in any other case this agree#ent shall not %e
ter#inated and6or cancelled and the ter#s hereof shall not %e varied6changed6altered %y
any or the parties hereto,

3?, )t is e-pressly agreed and understood %etween the parties hereto that the +wners
shall not %e lia%le for co#pliance of any o%ligation hereunder as owners of the said property
and6or a landlords of the 'enant,

3, 'he 'enant here%y e-pressly declares and con@r#s that he6she has e-ecuted these
presents of his6her own free accord and will and without any coercion or undue in9uence of

33, Sta#p duty and the registration charges on this Agree#ent shall %e %orne and paid
%y the 'enants and Developers in eEual proportion,

)N :)'NCSS :ACRC+F the parties hereto have hereto set their respective hand and seals
the day and year @rst hereina%ove written,


All that piece and parcel of land and ground ad#easuring 3D? sEuare yards eEuivalent to
4!,DD sEuare #eters or therea%outs %earing C, S, No, 444 together with %uilding standing
thereon and known as ;Aari Nivas< co#prising of ground ] 3 upper 9oors and %earing Cess
No, C6!I?D.0 R !I?D.A0 of Fyculla Division in the Registration District and Su%=District of
Mu#%ai City and Mu#%ai Su%ur%an,

Fy the withinna#ed Developers 0
DAR8A( )NVCS'MCN'S 0
in the presence ofUU 0

Fy the within na#ed +wner 0
8RAFAAMAR AAR)FAAP 8A'ANMAR 0

Fy the withinna#ed 'enant 0
55555555555555555555555555555 0
in the presence of UU 0

RCC)C8'

RCCC)VCD of and fro# the withinna#ed 0
Developer a su# of Rs,555555 6= .Rupees 0
55555555555555555 only0 as agreed to %e 0
paid %y hi# to #e as provided within %y 0 Rs,5555555556=
CheEue %earing No, 55555555555 dated 0 `````````````
5555555555 drawn on 55555555555 Fank 0 Rs,55555555 6=
5555555555555 Franch 0
) SA7 RCCC)VCD

'CNAN'
DAR8A( )NVCS'MCN'S
U,,;the Developers<
AND
8RAFAAMAR AAR)FAAP 8A'ANMAR
U ; the +wner<
'+
555555555555555555555555
U,, ;the 'enant<

8CRMANCN' A('CRNA'C ACC+MM+DA')+N ABRCCMCN'

Dated this 555 day of Septe#%er& 3??I
F)(CNAMC ap aV MCRBCF+RMA'
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7B:IC<9 D$ 7EB<<;<0: #ade at Mu#%ai this day of Fe%ruary in the Christian
year 3??D %etween ;<99B91 E7F7:BI <0:<B/BI9< at K& Narayan Mansion& KKA& Dr,
A#%edkar Road& Dadar .C0& Mu#%ai=I?? ?I hereinafter called Othe D<#<CD/<B9I.which
e-pression shall unless repugnant to the conte-t or #eaning thereof %e dee#ed to #ean
and include the partners of the said @r# for the ti#e %eing and the heirs& e-ecutors and
ad#inistrators of the last surviving partners and persons for the ti#e %eing carrying on the
said %usiness0 of the +NC 8AR'& AND 415 ;B91 BD9<!<CC< $I::<B 425 ;79:<B /I<BB<
$I::<B 70D 435 ;I991 #70<997 $I::<B 4;I0DB5 all of Mu#%ai& 8arsi )nha%itants&
hereinafter called Othe !<0<$II7BI<9JDA/70:9I .which e-pression shall unless
repugnant to the conte-t or #eaning thereof %e dee#ed to #ean and include their
respective heirs& e-ecutors and ad#inistrators0 of the +'ACR 8AR'2

:ACRCAS the Fene@ciary6+ccupant Mr, Sa# Minoo Fitter %ene@ciary of a 'rust created
under the Deed of Settle#ent dated !
th
March& 4D?& %etween Ja#shed/i Merwan/i Fitter
and others and had %een occupying one half portion of
the pre#ises /ointly with .0 Mrs, Rose%elle Fitter& .30 Master Fiarre Fitter .Minor0& .D0 Miss,
Vanessa Fitter& .Minor0 and .I0 Mr, Darayus Minoo Fitter& and the other half %eing /ointly
occupied %y .0 Mrs, Roshan Cruchshah 8atel& .30 Mrs, Roshan Nari#an Daruwalla& .D0 Miss,
Xarine Cruch& 8atel .Minor0& and .I0 Miss, Autokshi Cruchshah 8atel .Minor0 %eing and situate
on the @rst 9oor of the %uilding Nos,DD and ID on (ady Ja#shed/i Road& Mahi#& Mu#%ai=
I?? ?K of the total area of a%out 4K! sE, ft,J

AND :ACRCAS %y virtue of Develop#ent Agree#ent dated 3>
th
day of January& 44& the
Developers had entered into an agree#ent with the 'rustees for develop#ent of the 'rust
property and for su%seEuent disposal thereof& after develop#ent on the ter#s and
conditions set out in the said Develop#ent Agree#entJ

AND :ACRCAS at the reEuest of the Developers and in order to facilitate the Develop#ent
of the property& the %ene@ciary6occupants alongwith Mr, Sa# Minoo Fitter vide agree#ent
dated 3>
th
January& 44 had agreed to hand over vacant and peaceful possession of an area
ad#easuring >D? .Five Aundred and thirty0 sEuare feet of the pre#ises in their occupation
to the developers upon the Developers providing alternate acco##odation to the
%ene@ciary6occupantJ

AND :ACRCAS in ter#s of the Develop#ent Agree#ent the developers were to co#plete
the construction of the new %uilding on the property within three years .ti#e %eing of the
essence0 and were to oTer one 9at to the %ene@ciaries6 occupants ad#easuring >D? sE, ft, in
the new %uilding to %e constructed thereon& on what is called as +:NCRSA)8 FAS)S free of
all costs alongwith one covered garage for parking& in lieu of the %ene@ciary6occupants
handing over vacant and peaceful possession of the alternate acco##odationJ

AND :ACRCAS inspite of a lapse of #ore than ten years the developers have not
constructed the new %uilding on the property and handed over to the
%ene@ciaries6occupants one 9at in the new %uilding alongwith one garage on ownership
%asis as per the ter#s and conditions of the develop#ent agree#entJ

AND :ACRCAS the said Mr, Sa# Minoo Fitter e-pired on "6"63??? leaving %ehind the
%ene@ciaries as the only %ene@ciaries of the aforesaid trusteesJ

AND :ACRCAS it is here%y agreed %y and %etween the parties that for the co#pensation
hereinafter #entioned& to %e given %y the Developers to the %ene@ciary6occupant& the
%ene@ciaries6occupants shall relinEuish their right to %e provided alternate acco##odation
and also the right to %e allotted one 9at of the carpet area of >D? .@ve hundred thirty only0
sEuare feet on ownership %asis and one garage for car parking in the new %uilding to %e
constructed %y the developer on (ady Ja#shed/i Road& Mahi#& Mu#%ai=I?? ?K,

AND :ACRCAS the parties are desirous of recording the ter#s and conditions of the
Agree#ent arrived at %etween the# %y virtue of these presents 2=

N+: )' )S ACRCF7 ABRCCD F7 AND CF':CCN 'AC 8AR')CS ACRC'+ AS F+((+:S 2=

, 'he Developer has agreed to pay to the %ene@ciary6occupant co#pensation of an
a#ount of Rs,3D&>?&???6= .Rupees 'wenty 'hree (acs Fifty 'housand only0 in full and @nal
settle#ent in install#ents as hereinafter provided& in lieu of the %ene@ciaries6occupants
handing over to the developer vacant and peaceful possession of the pre#ises occupied %y
the# and on they relinEuishing all their right to %e provided alternate acco##odation as
also they right to %e allotted one 9at of carpet area of >D? .Five Aundred 'hirty only0 sEuare
feet on ownership %asis in the new %uilding to %e constructed %y the Developers on the
property #ore particularly descri%ed in Schedule ) and one covered garage hereto and
surrendering all their rights& %ene@ts and entitle#ent arising under the Agree#ent dated
3>
th
January& 44,

3, 'he a%ove#entioned co#pensation of the a#ount of Rs,3D&>?&???6= .Rupees 'wenty
'hree (acs Fifty 'housand only0 shall %e paid in install#ents as follows 2=

.a0 Rs,!?&???6= .Rupees Seventy 'housand only0 on the e-ecution of these presentsJ

.%0 Rs,3&">&???6= .Rupees 'wo (acs Cighty Five 'housand only0 on or %efore
3"
th
Fe%ruary& 3??DlJ

.c0 Falance Rs,4&4>&???6= .Rupees Nineteen (acs Ninety Five 'housand only0 on or
%efore D?
th
April& 3??D,

D, )t is e-pressly agreed %y the parties hereto that ti#e is of the essence of the
Agree#ent,

I, )t is also e-pressly agreed %etween the parties that in the unlikely event of the
developers failing to pay any of the a%ove #entioned install#ent on the day the sa#e
%eco#es due and paya%le& in that event the a#ount of Rs,!?&???6= paid %y the developer to
the %ene@ciaries on e-ecution of this Agree#ent shall stand forfeited, 'he %ene@ciary shall
also have the right to seek legal re#edy including in/unctive relief against the developer,
'he developer shall also %e lia%le to pay to the %ene@ciaries interest 1 3?W p,a, on the
a#ount due and paya%le till the sa#e is @nally paid %y the developer to the %ene@ciary,

>, 'he %ene@ciaries6occupants here%y record and declare that on the developer paying
the a%ove #entioned co#pensation a#ount of Rs,3D&>?&???6= in the #anner aforesaid& the
developer shall thereafter %e entitled to deal with the 9at ad#easuring >D? sE, ft, and one
garage which was to %e allotted to the %ene@ciary6occupant in the new %uilding to %e
constructed on the property as hereina%ove #entioned& in the #anner that the developer
dee#s @t& in their a%solute discretion without any clai#& hindrance or any o%/ection fro# the
%ene@ciaries6occupants or fro# any person6persons clai#ing through or under any trust for
the sa#e,

K, 'he %ene@ciaries6occupants here%y agree to co=operate with the Developers and
e-ecute all such writings6for#s6declarations as #ay %e reEuired %y the Developers for
developing the said property including 8ower of Attorney& %ut at the cost of and e-penses of
the Developers,

)N :)'NCSS :ACRC+F the parties hereto have hereunto and to the duplicate hereof set and
su%scri%ed their respective hands and seals the day and year @rst herein a%ove written,

:=< 9=<DAC< 7!D#< B<$<BB<D :D

A(( 'AA' piece or parcel of land or part of pension and ta- tenure .the case whereon is now
redee#ed0 %eing part or portion of the part called O8ileEueira CheerO situate lying and %eing
at Ppper Mahi#& (ady Ja#shed/i Road& outside the Fort and in the Registration Su%=District
and District Fo#%ay City and Fo#%ay Su%ur%an containing %y ad#easure#ent according to
the Cadastral Survey .KI",?0 one thousand si- hundred and forty eight deci#al one
sEuare yards or therea%outs together with the #essuages& tene#ents& dwelling houses and
structures standing thereon registered in the Fooks of the Collector of (and Revenue under
New Nos,A6II?K and DK!! New Survey Nos,D6I4 %ut now D6I! and D" Cadastral Survey
Nos,>4K=!I4 and K> of the Mahi# Division& assessed %y the Fo#%ay Municipality under B=
:ard Nos,>KKI& >KKK& >KK! . and D0 and >K4 .A0 part& Street Nos,DD& D>& ID& ID=F
and K!=AA .part0 and declared as Final 8lot Nos,34" and 344 of 'own 8lanning Sche#e
No,))) of Mahi# Division,

%y the withinna#ed DCVC(+8CRS 0
;J91 E7F7:BI <0:<B/BI9<9 0
Mr, 0
presence of ,,,,,,,,,,,,,,, 0

%y the withinna#ed Fene@ciaries6+ccupants0
415 ;B91 BD9<!<CC< $I::<B 0
425 ;79:<B /I<BB< $I::<B 5
435 ;I991 #70<997 $I::<B 4;I0DB5 0

DA'CD 'A)S DA7 +F FCFRPAR7 3??D VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV

M6S, BA7A'R) CN'CR8R)SCS
,,,, Developers

AND

MRS, R+SCFC((C F)''CR R +RS,
U 'he Fene@ciary6+ccupant

VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
7B:IC<9 D$ 7EB<<;<0:

'A)S 7EB<<;<0: #ade at Mu#%ai this 55555 day of 555555555 3??K FC':CCN 11 ;B1
#IJ7F?A;7B 91 E70<BIG7C7> 21 ;B1 ?7;C<9= #1 E70<BIG7C7> 31 ;B91 !<C7
?7;C<9= E70<BIG7C7> (1 ;B1FDE<9= #1 E70<BIG7C7> 51 ;B1 B7J<<# ?1
E70<BIG7C7 all of Mu#%ai )ndian )nha%itants residing at ;Shree<& S, V, Road& SantacruL
.:est0& Mu#%ai I?? ?>I& hereinafter referred to as 6t+e D.ners8 .which e-pression shall
their respective heirs& e-ecutors and ad#inistrators0 of the F)RS' 8AR'
AND 9=70?<9=G7B /BD/<B:I<9 /#:1 C:D1& a Co#pany incorporated under the
provisions of the Co#panies Act& 4>K having their registered oNce at K!=F& Shanty Nagar
Fuilding& K
th
Floor& 4"& Nepeansea Road& Mu#%ai I?? ??K& hereinafter referred to as 6t+e
De%elo*ers8 .which e-pression shall unless it %e repugnant to the conte-t or #eaning
thereof& %e dee#ed to #ean and include their successors or successors=in=title and
per#itted assigns0 of the SCC+ND 8AR' AND ;B1J;B91 22222222222222222222222 of Mu#%ai
)ndian )nha%itant hereinafter referred to as 6t+e :enant8 .which e-pression shall unless
repugnant to the conte-t or #eaning thereof %e dee#ed to #ean and include his6her heirs&
e-ecutors and ad#inistrators0 of the 'A)RD 8AR'2

G = < B < 7 9 H

A, 'he +wners are a%solutely entitled to all that piece or parcel of land or ground
together with the %uildings and structures standing thereon situate lying and %eing at the
/unction of Juhu Road and S, V, Road& SantacruL .:est0& Mu#%ai I?? ?>I in the Revenue
Village of Fandra 'aluka& Andheri in the Registration District and Su%=District of Mu#%ai City
and Mu#%ai Su%ur%an %earing Final 8lot No, 3D of 'own 8lanning Sche#e No, ))& SantacruL
and %earing C'S No, B6">A ad#easuring 3!I" sE, #trs, or therea%out Zinclusive of set
%ack area of D!K sEuare #etres[ and particularly descri%ed in the Schedule hereunder
written and delineated on the plan thereon hereto anne-ed and #arked as 700<@AB<
678 and thereon shown surrounded %y red colour %oundary line .hereinafter referred to as
;the said 8roperty<0J

F, 'he %uilding standing on the said property and known as ;Shree< co#prises of
ground plus D upper 9oors .hereinafter referred to as ;the said %uilding<0 and is partly
occupied %y 'enantsJ

C, 'he 'enant herein is the #onthly tenant of Flock No,55555 ad#easuring 5555555 sE, ft,
.carpet area0 on the 5555555 9oor of the said %uilding .hereinafter referred to as Othe
tenanted pre#ises<0 and is presently occupying the sa#e on the #onthly rent of
Rs,55555555555556=J

D, Fy and under a Develop#ent Agree#ent dated 555555555& 3??K duly registered at the
+Nce of the Su%=Registrar of Assurances at Fandra under Serial No, 555555555 of 3??K .;the
said Develop#ent Agree#ent<0 the +wners have granted and conferred develop#ent rights
in respect of the said property unto the Developers herein for the consideration and upon
the ter#s and conditions #ore particularly setout thereinJ

C, 'he Developers are reEuired to de#olish the said %uilding standing on the said
property .including the pre#ises occupied %y the tenants0 for the purpose of redeveloping
the said propertyJ

F, )n ter#s of the aforesaid Develop#ent Agree#ent& the Developers are entitled to
negotiate and settle with all the tenants6occupants of the said property for o%taining vacant
possession of the tenanted pre#ises in their respective occupation to facilitate construction
and develop#ent of the said propertyJ

B, Accordingly in pursuance of the negotiations %etween the parties hereto the 'enant
has agreed to surrender his6her tenancy rights in the tenanted pre#ises in lieu of %eing
provided free of costs and on ownership %asis a 9at ad#easuring 555555 sE, ft, .carpet area0
in the proposed new %uilding to %e constructed %y the Developers on the said property as
per#anent alternative acco##odation in the #anner as hereinafter appearing,

:=< /7B:I<9 =<B<:D 79 $DCCDG9 H


3, 'he Developers shall develop the said property descri%ed in the Schedule hereunder
written& %y de#olishing the e-isting %uilding ;Shree< .;the said %uilding<0 standing on the
said property and constructing a new %uilding thereon in accordance with the plans to %e
hereafter got approved and sanctioned fro# the Municipal Corporation of Breater Mu#%ai,

D, 'he +wners and the Developers agree con@r# and declare that the 'enant is a
#onthly tenant in respect of Flock No, 555555 ad#easuring 555555 sE, ft .carpet area0 on the
5555 9oor of the said %uilding .hereinafter referred to as ;the tenanted pre#ises<0 and
paying therefore a #onthly rent of Rs,5555555555556= and the tenancy is valid and su%sisting,

I, )n consideration of the 'enant having agreed to surrender his6her tenancy rights in
the tenanted pre#ises %eing Flock No, 555 ad#easuring 5555 sE, ft, .carpet area0 on the 555
9oor of the said %uilding to the Developer& the Developers agree to provide on ;ownership
%asis< and free of costs to the 'enant a self contained 9at as and %y way of per#anent
alternative acco##odation %eing a 9at ad#easuring55555 sE, ft, .carpet area0 in the
proposed new %uilding to %e constructed %y the Developers on the said property .hereinafter
referred to as ;the said 9at<0, 'he Developers shall provide a#enities in the said 9at as
#entioned in 7nnexure 678 hereto, )t is however& further e-pressly agreed that the
Developers have agreed to allot the said 9at on the e-press undertaking and assurance of
the 'enant that he6she shall co=operate and co#ply with all the ter#s of this agree#ent&
without causing any o%struction6 hindrance of whatsoever nature to the ti#ely co#pletion of
the re=develop#ent of the said property as envisaged herein,

>, Ppon sanction of %uilding plans for re=develop#ent of the said property and receipt
of )+D Fro# the Municipal Corporation of the Breater Mu#%ai in respect of the proposed new
%uilding& the Developers shall proceed to o%tain vacant possession of the e-isting pre#ises
presently in the 'enantGs occupation and within 55 days of the Developers infor#ing the
'enant a%out grant of )+D& the 'enant shall handover Euiet& vacant and peaceful possession
of the tenanted pre#ises to the Developers after re#oving hi#self6herself& his6her fa#ily
#e#%ers& his6her servants and personal %elongings, )t is agreed that the 'enant shall #ake
arrange#ents for his6her te#porary alternative acco##odation during the period of
constructionJ %ut the rent in respect thereof& not e-ceeding a su# of Rs, 555555556= per
#onth shall %e %orne and paid %y the Developers alone,

K, 'he 'enant here%y gives his6her irrevoca%le consent and authority to the +wners and
Developers to de#olish the tenanted pre#ises upon his6her handing over vacant possession
of the sa#e to the Developers& and agrees and undertakes to e-ecute such deeds&
docu#ents and6or writings as #ay %e reEuired %y any authority6authorities and give no
o%/ection for the purpose whenever reEuired,

!, Ppon the 'enant delivering vacant and peaceful possession of the tenanted pre#ises
to the Developers& the Developers shall %e entitled to de#olish the sa#e and co##ence the
work of construction of the proposed new %uilding thereon,

", 'he Developers shall carry out and co#plete the work of construction of the
proposed new %uilding and oTer possession of the said 9at in the proposed new %uilding to
the 'enant as provided in clause I hereina%ove within a period of 5555 #onths fro# the date
of issue of Co##ence#ent Certi@cate for the proposed new %uilding %y the Municipal
Corporation of Breater Mu#%ai& su%/ect however to force #a/eure conditions, 'he
Developers shall forthwith on such co#pletion give inti#ation to the 'enant reEuesting
hi#6her to take possession of the 9at to %e allotted as per#anent alternative
acco##odation to the 'enant& and the 'enant shall within > days of receipt of such
inti#ation take possession of the said 9at granted as per#anent alternative
acco##odation, )f the 'enant fails to take actual physical possession of the said 9at within
> days of receipt of the aforesaid inti#ation& the 'enant shall %e dee#ed to have taken
possession of the said 9at on the e-piry of > days of the aforesaid inti#ation,

4, 'he 'enant shall also pay to the Developers at the ti#e of taking possession of the
said 9at& the following a#ounts& viL, 2


towards his6her share6 contri%ution to the Municipal 'a-es& :ater Charges& and the
Maintenance Charges of the said 9at agreed to %e granted to the 'enant& till the Co=
operative Aousing Society or other Association of pre#ises purchasers is for#ed and
registered %eing calculated provisionally for 3 #onthsJ

Co#pany as deposit for electric #eter to %e @-ed for the said 9atJ and

.d0 'he #onthly contri%utions .every #onth0 towards the accruing outgoings of the
per#anent alternate acco##odation pre#ises as #ay %e @-ed %y the Developers or the Co=
operative Society6 Co##on +rganisation to %e got registered in respect of the said property,

?, Ppon handing over possession of the said 9at to the Developers for de#olition of the
said %uilding& the Developers and the 'enant shall also e-ecute and register a proper
Agree#ent drawn in accordance with the provisions of the Maharashtra +wnership Flats Act&
which shall contain all the usual ter#s and conditions including the condition that the
'enant shall /oin in the for#ation and registration of a Co=operative Society or such other
association as #ay %e for#ed of all the pre#ises purchasers in the proposed new %uilding
and shall a%ide %y the %ye=laws& rules and regulations fra#ed6adopted %y the said society6
association and shall pay all the periodical contri%utions to the society6association including
watch#enGs and sweeperGs charges etc, as #ay %e decided %y the said society6association,
Further sta#p duty and registration fees paya%le on such Agree#ent shall %e %orne and
paid %y the Developers alone,

, 'he 'enant on taking possession of the per#anent alternative acco##odation
pre#ises in the proposed new %uilding shall hold the sa#e as HownerG thereof& as if he6she
had acEuired the sa#e on HownershipG %asis for valua%le consideration fro# the Developers
in pursuance of the provisions of Maharashtra +wnership Flats Act 4KD, 'he 'enant shall Y

.a0 pay the #onthly contri%ution due in respect of the per#anent alternative
acco##odation pre#ises to the Developers or to the Co=operative Society #anaging the
sa#e property co#prising of the #unicipal property ta-es paya%le in respect thereof& and a
proportionate share of all other outgoings as #ay %e @-ed fro# ti#e to ti#e %y the
Developers or the persons in charge and #anage#ent of the said new %uilding6s and6or
such SocietyJ and

.%0 along with acEuirers of other pre#ises in the proposed new %uilding for# and get
+rganisation co#prising of such pre#ises=purchasers and enrol hi#self6herself as a #e#%er

3, 'he 'enant here%y declares and states that no one e-cept hi#self6herself has any
right& title or interest of any nature whatsoever in the tenanted pre#ises or any part thereof&
and that he6she has not created any third party rights therein or parted with possession of
the sa#e or any part thereof& to any third party& or created any charge or encu#%rance of
any nature whatsoever therein or any part thereof& and shall inde#nify and keep
inde#ni@ed the +wners and the Developers fro# and against clai#s received fro# any third
party including any fa#ily #e#%er and6or relatives of the 'enant,

D, 'he 'enant shall not under any circu#stances transfer or assign his6her tenancy
right or create any third party right of whatsoever nature in the tenanted pre#ises and6or
his6her rights in respect of the said 9at during the period of redevelop#ent, 'he 'enant
agrees and covenants with the Developers that the said new tene#ent shall %e used %y
hi#6her for residential purposes or such other purpose as #ay %e per#issi%le in law,

I, )f for any reason& other tenants in the said property or any of the# fails to enter into
Agree#ent with the Developers settling #atters as herein set out& or if after entering into
such Agree#ents& the 'enant or any of the tenants of the said property fail to deliver vacant
and peaceful possession of the pre#ises or roo#s in his6her6their occupation& then and in
such event the Developers #ay entirely at its option& rescind this Agree#ent %y giving
@fteen days notice in writing to the 'enant , )n the event of the Developers rescinding this
Agree#ent& the 'enant shall %e entitled to continue to occupy the tenanted pre#ises in the
said %uilding as at present and the 'enant shall not %e entitled to enforce speci@c
perfor#ance of this Agree#ent,

>, 'his Agree#ent %etween the parties shall %e treated as Hno o%/ectionG fro# the
'enant for the re=develop#ent of the said property& and accordingly the Developers shall %e
entitled to produce this agree#ent %efore all concerned authorities,

K, )t is further agreed %etween the parties hereto that the clai# of the 'enant against
the Developers shall %e li#ited to the per#anent alternative acco##odation agreed to %e
granted to hi#6her in the proposed new %uilding and the %ene@t6right to use6avail of the
co##on facilities6areas therein& and he6she shall have no clai# or de#and to or share in
any additional construction that #ay at any ti#e %eco#e availa%le on the said property on
any %asis whatsoever at any ti#e in future,

!, 'he 'enant shall #ake sign and e-ecute all necessary letters& declarations&
undertakings and other writings as #ay %e reEuired %y the Developers to %e su%#itted to
the Municipal Corporation& and other authorities for redevelop#ent of the said property as

", )t is e-pressly agreed and understood %etween the parties hereto that the +wners
shall not %e lia%le for co#pliance of any of the o%ligations hereunder as owners of the said
property and6or as landlords of the 'enant and the Developers alone are responsi%le for
construction of the %uildings to reha%ilitate the tenants,

4, 'he 'enant here%y agrees to inde#nify and keep inde#ni@ed the +wner& their
respective heirs& e-ecutors& ad#inistrators and assigns and6or the Developers its successors
and assigns against any clai#s& de#ands& notices& proceedings& suits& actions of whatsoever
nature that #ay %e #ade %y any person or party clai#ing %y& through and under his6her or
otherwise for any tenancy& su%=tenancy or other rights& of any nature whatsoever in
respect of the said tenanted pre#ises and for all costs& charges& e-penses& losses and
da#ages that #ay %e incurred and6or suTered %y the a%ove persons,

3?, 'he 'enant here%y e-pressly declares and con@r#s that he6she has e-ecuted these
presents on his6her own free accord and will and without any coercion or undue in9uence of

3, 'he sta#p duty on this Agree#ent shall %e %orne and paid %y the 'enant alone,

I0 GI:0<99 G=<B<D$ the parties hereto have hereunto set their respective hands and
seals the day and year @rst hereina%ove written,

:=< 9=<DAC< 7!D#< B<$<BB<D :D

All that piece or parcel of land or ground together with the %uildings and structures standing
thereon situate lying and %eing at the /unction of Juhu Road R S, V, Road& SantacruL .:est0&
Mu#%ai I?? >I in the Revenue Village of Fandra 'aluka& Andheri in the Registration District
and Su%=District of Mu#%ai City and Mu#%ai Su%ur%an %earing Final 8lot No, 3D of 'own
8lanning Sche#e No, ))& SantacruL and %earing C'S No, B6">A ad#easuring 3!I" sE, #trs,
.including of set %ack area of D!K sEuare #eters0 and %ounded as follows& that is to say 2 +n
or towards the North %y Final 8lot No, 4 of '8S ))J +n or towards the Cast %y S,V, RoadJ +n or
towards the South %y Juhu Road and +n or towards the :est %y Final 8lot No, 3I of '8S )),

11 ;B1 #IJ7F?A;7B 91 E70<BIG7C7 0
21 ;B1 ?7;C<9= #1 E70<BIG7C7 0
31 ;B91 !<C7 ?7;C<9= E70<BIG7C7 0
(1 ;B1 FDE<9= #1 E70<BIG7C7 0
51 ;B1 B7J<<# ?1 E70<BIG7C7 0
all through their duly Constituted Attorney 0
555555555555555555555555555555 0

withinna#ed Developers 0
9=70?<9=G7B /BD/<B:I<9 /#:1 C:D1 0
through it duly AuthoriLed Director 0
;r1 2222222222222222 5

withinna#ed 'enant 0
2222222222222222222222 0

700<@AB< 678

9/<I$I7:ID0 70D 7;<0I:I<9

VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
D7:<D :=I9 D7F D$ 2006

FC':CCN

MR, V)JA7MPMAR S, BANCR):A(A
Uthe +wners

AND

SAANMCSA:AR 8R+8CR')CS 8V', ('D,
Uthe Developers

AND

55555555555555555555555555555
Uthe 'enant

7 E B < < ; < 0 :

7 E B < < ; < 0 :

AR')C(CS +F ABRCCMCN' #ade and entered into at Mu#%ai this day of 555555555
3??? FC':CCN SAR) D)8AM JA7AN')(A( BANDA) of Mu#%ai& )ndian )nha%itant& residing at 3?&
A/#al Road& Vile 8arle .Cast0& Mu#%ai=I?? ?>!& hereinafter called the ;+:NCR< .which
e-pression thereof %e dee#ed to #ean and include his heirs& e-ecutors& ad#inistrators and
assigns0 of the First 8art AND M6s, SA)M+N) C+NS'RPC')+NS a 8artnership @r# Registered
under )ndian 8artnership Act& 4D3 through its 8artner SAR) SPF+DA MAN+AAR 8AND)'
having its registered oNce at Bround Floor& Chandra Vila& Near Shivsagar& Aotel& Nehru
Road& Vile 8arle .Cast0& Mu#%ai I?? ?>!& hereinafter called the ;DCVC(+8CRS< .which
#ean and include the 8artner or 8artners for the ti#e %eing consisting the said @r# of M6s,
Shi#oni Constructions& its last surviving 8artner and his6her heirs& e-ecutors& ad#inistrators
and assigns0 of the Second 8art AND MRS, 8PSA8A B, 8RADAAN of Mu#%ai& )ndian
)nha%itants residing at 5555555555555555555555555555555 hereinafter called ;the 'enant< .which
#ean and include his heirs& e-ecutors and ad#inistrators0 of the 'hird 8art,

:ACRCAS the +wner is or otherwise well and suNciently entitled to piece or parcel of land
%eing lying and situated at Village vile 8arle& 'aluka Andheri %eing +riginal 8lot No, K"A and
@nal 8lot No, 4! of Vile 8arle 'own 8lanning Sche#e No, )) .Varied0 and C, ', S, No, ?33 and
for#erly for#ing part of +riginal 8lot No, "D and "I& Final 8lot No, K" of 'own 8lanning
Sche#e )) of Vile 8arle .Cast0& %earing C, ', S, No, ?33 ad#easuring 3? sE, yds,
eEuivalent to 4DK,IK sE, #trs, including right of way and set %ack area or therea%out
together with structures standing thereon known as Ppasani Mutir& in the Registration District
and Su%=District of Mu#%ai #ore particularly descri%ed in the schedule hereunder written
and .hereinafter for %revityGs sake referred to as ;the said property<0,

AND :ACRCAS on the said land& are three ground 9oor structures
st
9oor structure which is
occupied %y the +wner hi#self and his fa#ily along with one tenant late S, M, 8andit and his
heirs and other %eing a te#ple dedicated to Ppsani Fa%a& with a 8rayer Aall and toilet %lock
and which structures are shown thereof on the plan hereto anne-ed,

AND :ACRCAS the +wner through the Architect Mr, A, A, Mehta su%#itted plan for
develop#ent and reconstruction of the said property %y de#olishing e-isting structure
constructing as are per#issi%le structures on the said land,

AND :ACRCAS pursuant to the application of the +wner& the Frihan#u#%ai Municipal
Corporation has issued ),+,D, %earing under No, CC6>I!6FS6)' dated
th
May& 44D and the
sa#e is still valid and su%sisting and renewed fro# ti#e to ti#e and valid until May& 3???,

AND :ACRCAS the said S, M, 8andit is a tenant of the +wner since #any years& occupying
an area ad#easuringI?K sE, ft, carpet area .including %alcony0 %earing Roo# Nos, D and I
and paying #onthly rent of Rs,D?,I" for the said two dou%le roo# tene#ents& e-cluding
ta-es in view of certi@cate issued %y MAADA,

AND :ACRCAS the said certi@cate under section D AA of Rent Act is still valid and
su%sisting and not yet revoked,

AND :ACRCAS as a result thereof& the +wner is entitled to de#olish the said structure
occupied %y the 'enant,

AND :ACRCAS the +wner had @led against S,M, 8andit in the Court of S#all Causes at
Fo#%ay .Fandra Franch0 %eing Suit No, RAC No, 33ID of 4"D and which is still pending in
the S#all Causes Court and not yet disposed of,

AND :ACRCAS on account of the non=co=operation fro# the 'enant& the +wner has @led a
Suit against S, M, 8andit and his heirs in the court of S#all Causes at Fo#%ay .Fandra
Franch0 %eing RAC Suit No, "DK of 44" under section " AA of the Fo#%ay Rent Act& and
the sa#e is still pending and not yet %een disposed of and no interi# direction yet given,

AND :ACRCAS the dispute with the heirs of S, M, 8andit, Aave %een now resolved as set out
%elow,

AND :ACRCAS it is agreed as %etween the parties hereto that the owner shall as per the
Agree#ent %etween the +wner and the Developers constructed the Fuilding as per the
sanctioned plan and as per the ter#s agreed %etween the +wner and the Developers and on
the ter#s recorded herein& the Flat No, 555 on Bround Floor of F :ing ad#easuring 33> sE,
ft, carpet area to %e allotted to the tenant on ownership %asis as #utually agreed and which
tene#ent will %e provided in the F :ing to %e constructed %y the Developers,

AND :ACRCAS in view of the a%ove& parties hereto are desirous of recording the ter#s
agreed %etween the# in the #anner hereinafter appearing 2

N+' )' )S ACRCF7 ABRCCD F7 AND FC':CCN 'AC 8AR')CS ACRC'+ AS F+((+:S 2

, 'he +wner doth here%y con@r# and the Developers doth here%y agree to provide to
the 'enant an area of 33> sE, ft, carpet area on the ground 9oor in F :ing as per the plan
sanctioned and which area will %e allotted to the tenant on ownership %asis on the
understanding that the 'enant shall /oin in the for#ation of the society or any other
association,

3, )t is further agreed that the allot#ent shall %e to the said tenant on the following
%asis 2

.i0 an area of 33> sE, ft, carpet area shall %e provided free of costs and the tenant will
not %e lia%le to contri%ute any a#ount,

.ii0 re#aining area of 555 sE, ft, carpet area shall %e allotted to the 'enant on the 'enant
agreeing to pay a su# of Rs,3>??6= per sE, ft, as cost of construction to the +wner in respect
of the such carpeta rea,

D, 'he said Falt shall %e of 5555 sE, ft carpet area as per the plan anne-ed hereto
.proposed0 %eing Anne-ure ) hereto consisting of 'wo Fed Roo#s& Aall and Mitchen,

I, 'he 'enant shall %e pay a su# calculated at the rate of Rs,3>??6= per sE, ft, in the
following #anner 2

.i0 Rs, on signing of this Agree#ent
.ii0 Rs, on or %efore 5555555555
.iii0 Rs, on or %efore 5555555555
.iv0 Rs, %eing the last install#ent on or %efore handing over
possession,

>, During course of construction of the %uilding the Developers here%y agrees and
+wner doth here%y con@r# that the +wner shall provided with te#porary alternate
acco##odation in the surrounding area as #ay %e #utually agreed %etween the partis,

K, 'he 'enant shall handover vacant and peaceful possession of the said structure
si#ultaneously signing of this Agree#ent for the purpose of de#olition of structure and
construciton of the new %uilding as per the approved and sanctioned plan,

!, +n the 'enant handing over possession of the said pre#ises to the +wner& the
'enantGs right will continue until she is new pre#ises in the %uilding,

", 'he +wner shall withdraw suits @led %y hi# as aforesaid in the course of s#all
causes court or @le consent ter#s recording these ter#s in the said proceedings,

4, 'he 'enant shall ensure that his dues upto D?
th
April& 3??? are cleared and agree to
continue to pay the rent to the +wner,

?, 'he 'enant agrees and undertakes to the +wner to e-ecute such consent as are
reEuired %y authority and give no o%/ection as per MAADA rules and discharge all conditions
i#posed therein,

, 'he 'enant here%y declares that upon allot#ent of Flat No, 5555 on ground 9oor of F
:ing of the new %uilding none of the heirs shall %e entitled to #ake any clai# towards the
tenancy rights in the Fuilding of whatsoever nature against the +wner and the Developers,

D, 'he 'enant here%y undertake to pay his share of all e-penses and ta-es like
#aintenanc& FMC 'a-es and other outgoings etc, in respect of the new pre#ises which shall
%e given to her in the new structure in F :ing as #entioend fro# the date of possession,

I, 'he 'enant here%y undertake to @le consent ter#s in the s#all causes Suit No, RA:
"DK64" in ter#s of this agree#etn,

!, 'he parties here%y agree and undertake to one another to #utually co#plete their
respective o%ligations and co=operate with one another for due i#ple#entation

'A)S 7EB<<;<0: #ade at Mu#%ai this 555555 day of 555555555555 3??>
FC':CCN :=< ?D=I0DDB D"D/<B7:I#< =DA9I0E 9DI<:F CI;I:<D> a society
registered under the Maharashtra Co=operative Societies Act& 4K? vide Certi@cate of
Registration %earing No, F+M6ASB6 :BN6'C63K?!6""="4 and having its registered oNce at
Final 8lot No,DI=F& ',8,S, of Mahi# Division& 8ad#a%ai Fal Bovind Das Road& Mu#%ai=I?? ?3"
through its Secretary 9=BI ;DB< 9AB<9= 9=70?7B 70D ;1Qs ;<;!<B 9=BI D7C#I
;1#1 .duly authorised vide Resolution passed and adopted at the Beneral Fody Meeting of
the said Society duly convened and held on I6?"6440 and hereinafter referred to as ; t+e
D.ner 9ociety N De%elo*er8 .which e-pression shall unless repugnant to the #eaning or
conte-t thereof %e dee#ed to #ean and include its successors and assigns0 of the +ne
8art ;B1 DD;0I ;70A7C DQ D9:7& an )ndian )nha%itant residing at Fai 8ad#a%ai :adi&
Fal Bovind
Das Road& Dadar .:0& Mu#%ai=I?? ?3" hereinafter referred to as 6t+e 9ub":enant8 .which
e-pression shall unless repugnant to the #eaning or conte-t thereof %e dee#ed to #ean
and include his heirs& e-ecutors and ad#inistrators0 of the +ther 8artJ

G = < B < 7 9 H

A, Fy and under the )ndenture dated 4
th
January& 44? #ade %y and %etween M6s,
Mohinoor Fuilders therein referred to as ;the Assignors< of the First 8art& Manohar Ba/anan
Joshi and Madhav Ba/anan Mokane therein referred to as ;the Con@r#ing 8arty< of the
Second 8art and +wner= Society therein referred to as ;the Assignee< of the 'hird 8artJ the
+wner=Society did acEuire for the un=e-pired period of original lease ter# of 444 years at or
for such consideration and upon such covenants& restrictions& ter#s and conditions as are
contained in the registered Deed of (ease dated I63643 as #odi@ed %y Registered
Agree#ent dated ?I,?D,4D"& all that piece or parcel of non=agricultural (easehold land
having area of >?II,>3 sEuare #eter or therea%outs .e-cluding private internal road0 and
%earing Final 8lot No,DIF of 'own 8lanning Sche#e .First Variation0 Final No,))) of Mahi# area
of Mu#%ai City together with several structure including a Multistory %uilding having stilt
plus 3 upper 9oors called ;Mohinoor 'owers< standing thereon and lying and %eing in the
Registration District and Su%=District of Fo#%ay City and Fo#%ay Su%ur%an and situate at
Fal Bovindas Road& Dadar& Mu#%ai=I?? ?3" and #ore particularly descri%ed in the Schedule
hereunder written and is identi@ed in the plan thereof hereto anne-ed and #arked
as 7nnexure 678 and thereon shown surrounded %y red coloured %oundary line and
hereafter collectively referred to as ;the said property<J

ANNEX-A

F, 'he +wner Society is desirous of developing the said property %y co#pleting
construction of %uilding Mohinoor 'ower and further constructing > %uildings as shown in
plan anne-ed hereto #arked 7nnexure 6!8> Fuilding No, C=)V to C=V and Fuilding No, C=)& C=
)) and C=))) have %een ear#arked on the plan for allotting tene#ent to the tenants6occupants
on the said plot of landJ

ANNEX-B

C, 'he proposed develop#ent work cannot %e co##enced unless and until the +wner=
society succeeds in o%taining vacant and peaceful possession of tenanted pre#ises
occupied %y its e-isting tenants, For the purpose aforesaid& the +wner Society is in the
process of entering into necessary agree#ent with each and every e-isting tenantJ

D, +ne Manual Miguel DGSouLa is the contractual #onthly tenant of the +wner=Society
occupying A pre#ises %earing situate on ground 9oor of the %uilding called ;Xopada< and
ad#easuring 3?? sE, ft, of %uilt=up6carper area .hereinafter referred to as rented pre#isesG0J

C, 'he said Mr, Manual M, DGSouLa so#ewhere in or around year 44D delivered to the
Su%='enant such portion of the said rented pre#ises as is having %uilt=up6carpet area of ?>
sE, ft, and having e-clusive possession with independent entrance .hereinafter referred to as
Htenanted pre#isesG0 on #onthly rental %asis and upon such ter#s and conditions as were
#utually agreed %y and %etween the#J

F, 'he +wner Society has infor#ed the Su%='enant that& the said Mr, Manual M, DGsouLa
having e-pressed his ina%ility to hand over to the owner=society the vacant and peaceful
possession of the tenanted pre#ises now occupied %y the Su%='enant& has reEuested and
authorised the +wner=Society to deal directly with the Su%='enant and arrived at settle#ent
on such ter#s as #ay %e decided %y the +wner Society at its a%solute discretion and which
the said +wner Society at its a%solute discretion and which the said +wner Society has
agreed and acceptedJ

B, 8ursuant to the aforesaid the +wner=Society held several discussion with the Su%=
'enant and @nally it has %een agreed that the Su%='enant will hand over vacant and peaceful
possession of his tenanted pre#ises to the +wner=Society as when called upon to do so and
he will %e delivered vacant and peaceful possession of a residential pre#ises having carpet
area of 33> sE, ft, free of cost and on ownership %asis as and %y way of per#anent
alternative acco##odation in the new %uilding fro# out of any of the new %uildings
nu#%ered C=)& C=)) and C=))) to %e constructed on the portion of said property and delineated
%y green Colour in the plan anne-ed hereto and #arked 7nnexure 6!8 %esides which the
+wner Society has also agreed to provide te#porary alternate acco##odation with water
supply and electric connection on the portion of the said property during the period of
construction,

0DG I: I9 7EB<<D> D<C7B<D> D0$IB;<D 70D B<DBD<D !F 70D !<:G<<0
:=< /7B:I<9 =<B<:D 79 $DCCDG9 H

, 'he recitals contained a%ove shall for# integral and operative part of this Agree#ent
as if the sa#e were set out and incorporated ver%ati# in the operative part and to %e
interpreted& construed and read accordingly,

3, 'he +wner Society declares& con@r#s and records that 2

.i0 Mr, Manual M, DGsouLa has con@r#ed that he does not have any right6clai#6interest
of whatsoever nature in respect of the said tenanted pre#isesJ

.ii0 Mr, Do#inic Manual DGcosta is entitled to the tenancy in respect of the tenanted
pre#ises presently occupied %y hi#J

.iii0 All rents& and all dues in respect of the said tenanted pre#ises have %een paid %y
the Su%='enant and that the +wner=Society have no disputes in this regardJ
.iv0 'he +wner Society shall not raise any o%/ection6dispute with respect to the
rights6clai#s6interest of the Su%='enant into6upon the tenanted pre#ises and6or the
per#anent alternate acco##odation, 'he +wner Society agreed to inde#nify and keep the
Su%='enant inde#ni@ed against any loss& da#age& cost and e-penses which the Su%='enant
#ay have clai#6de#and %eing #ade hereafter %y the said Manual M, DGsouLa or person
clai#ing through hi#,

D, )n lieu of the Su%='enant having agreed to hand over the possession of the said
tenanted pre#ises to the +wner Society to facilitate develop#ent of the said property in the
#anner envisaged herein and having agreed to surrender his rights in respect of the said
tenanted pre#ises as herein provided the +wner Society here%y agreed inter alia to provide
to the Su%='enant with a new 9at& as per#anent alternative acco##odation& on ownership
%asis& free of costs& and with also a te#porary acco##odation on the said property pending
the construction of the new %uildings No, C=)& C=)) and C=))) on the said property& as #entioned
in detail in this agree#ent,

I, Since the Su%='enant will %e reEuired to vacate the said tenanted pre#ises to
facilitate the develop#ent& the following provisions have %een agreed to %e #ade %y the
+wner Society for a te#porary acco##odation to %e provided to the Su%='enant,

.i0 'he +wner Society here%y agrees to provide the Su%='enant with a te#porary
alternate acco##odation %eing situated on the portion of said property for the entire period
of ti#e that it will take the +wner Society to put %ack the Su% 'enant in possession of the
said new 9at in ter#s of this agree#entJ

.ii0 'he Su%='enant shall only %e lia%le to pay the electricity %ills of the te#porary
acco##odation, All other outgoings in respect thereof& if any& shall %e %orne and paid %y the
+wner SocietyJ

.iii0 'he +wner Society here%y agree that if they are not a%le to put the Su%='enant in
possession of the new 9at within the ti#e li#it speci@ed hereunder for any reason
whatsoever then the Su%='enant shall %e entitled to continue to occupy the te#porary
acco##odation until the Su%='enant is put in possession of the said new 9at,

ANNEX - C A D
>, 'he +wner Society have agreed to provide to the Su%='enant with a new 9at in any
one of the new %uilding fro# out of %uildings nu#%ered C=)& C=)) and C=))) proposed to %e
constructed on the said property alongwith a#enities speci@ed herein& on ownership %asis&
free of cost .hereinafter referred to as the ;new 9at<0, 'he carpet area of the said new 9at
shall %e at least 33> sE, ft, 'he said new 9at shall %e in any one of the new %uildings No, C=)&
C=)) and C=))) proposed to %e constructed on the portion of the said property delineated %y
green colour on the plans anne-ed hereto #arked 7nnexure 6!8, A copy of the plan of the
said new 9at is hereto anne-ed and #entioned 7nnexure 681 Anne-ed hereto and
#arked 7nnexure 6D8 is the list of a#enities agreed to %e provided in the said new 9at
and the speci@cations of the new %uilding, )f the +wner Society on their own& provide further
or %etter a#enities than those listed in 7nnexure 6D8 the sa#e shall %e provided at the
cost and e-penses of the +wner Society alone& and the Su%='enant shall not %e reEuired to
co#pensate the +wner=Society for the sa#e in any #anner whatsoever,

K, )n the event any #odi@cations are reEuired to %e #ade in the plans of the new
%uildings No, C=)& C=)) and C=))) it is here%y agreed that the +wner Society is authorised to do
so provided such a#end#ents6 #odi@cations shall not alter or aTect the area of the said
new 9at or the a#enities agreed to %e provided therein or pre/udice the right and interest of
the Su%='enant in any #anner whatsoever,

!, 'he +wner Society here%y agree and undertake as follows 2=

.i0 to o%tain the Co##ence#ent Certi@cate and de#olish the said structure and
co##ence the construction work within three .D0 #onths of the tenants #oving out of the
said property& without any de#ur delay or e-cuse whatsoever& e-cept in case of Act of Bod
%eyond control of +wner Society R DeveloperJ

.ii0 to co#plete the construction of the new %uildings No, C=)& C=)) and C=))) and o%tain the
occupation and co#pletion certi@cates in respect thereof and hand over to the Su%='enant
the possession of the said new 9at within a period of twenty four .3I0 #onths fro# the date
of the co##ence#ent certi@cate of the new %uildings No, C=)& C=)) and C=))) without any
de#ur& delay or e-cuse whatsoever e-cept acts of Bod6 %eyond control of +wner Society R
DeveloperJ

", 'he Su%='enant shall #ove out of the said tenanted pre#ises and hand over the
possession thereof to the Developers to facilitate the develop#ent work& within @fteen .>0
days of the +wner=Society o%taining the sanction of the %uilding plans and the )+D in
respect of %uildings No, C=)& C=)) and C=))) and furnishing copies thereof to the Su%='enant,

4, +n the said new 9at %eing co#pleted in all respects and %eing provided with the
a#enities as agreed& and on receipt of the co#pletion and6or full occupation certi@cate& the
+wner=Society shall give copies thereof and written inti#ation to the Su%='enant, 'he Su%=
'enant shall within > days of the receipt of such notice6copies& take over the possession of
the said new 9at,

?, 'he +wner=Society shall si#ultaneously with handing over possession of the new
9at to the su%=tenant e-ecute an ownership agree#ent in respect of the said new 9at in
favour of the Su%='enant .and6or his no#inee6s as reEuested %y the Su%='enant0 under the
provisions of the Maharashtra +wnership Flats Act& 4KD and shall have the sa#e sta#ped
and registered, 'he parties hereto shall attend the oNce of the Su%=Registrar and ad#it
e-ecution and co#plete the registration for#alities, 'he sta#p duty and registration
charges on the said agree#ent under the Maharashtra +wnership Flats Act& 4KD& shall %e
%orne and paid %y the +wner=Society alone,

, 'he +wner=Society have infor#ed the Su%='enant that they have envisaged a
sche#e of for#ing and registering a co=operative Society of the 9at owners6allottees in the
said property and grant lease of the portion of land %eneath the %uildings C=)& C=)) and C=)))
with the newly constructed %uildings to such society, 'he Su%='enant here%y agrees to
%eco#e a #e#%er of the said Society and to adhere to the %ye=laws& rules and regulations
of such society,

3, Save and e-cept the pay#ent of Rs, 3>?6= %eing the cost of @ve shares and the
ad#ission fee in respect of the proposed co=operative society& the Su%='enant shall not %e
lia%le to pay any charges or a#ounts to the +wner=Society under the said Agree#ent&
e-cept the #onthly outgoings and dues in respect of the said new 9at fro# the date that the
Su%='enant takes over the possession thereof, 'he +wner=Society has agreed to provide 1
Rs, 3&???6= or a#ount paid to other tenant per 9at6tene#ent constructed in the %uilding No,
C=)& C=)) R C=))) towards corpus fund of the society for per#anent #aintenance and outgoings
of %uildings No, C=)& C=)) and C=))) and which accordingly to the +wner Society is reasona%le
and adeEuate, 'he intention %eing that the 9at6tene#ent holders in %uildings C=)& C=)) R C=)))
will %e not reEuired to contri%ute any a#ount towards #aintenance and outgoings,
D, 'he Su%='enant for hi#self and with intention to %ind all persons into whosoever
hands the said new 9at or any part thereof #ay co#e& doth here%y covenant with the
+wner=Society as follows 2

.a0 Not to %ring keep or store .or cause to %e so done0 upon the said (and .#ore
particularly descri%ed in the @rst Schedule hereunder written0 or in the said new 9at or any
other part of the said %uildings any su%stance& thing or goods in such for#& Euantity and
#anner such that %ringing& keeping or storing whereof is infringe#ent of provision of any
relevant Act& law& ordinance& noti@cations& rules and regulations etc, or is o%/ected %y or
likely to %e o%/ected %y the concerned authority or is perilous to the life or safety or health of
the %uilding and6or its occupantsJ

.%0 'o use the said new 9at in a ha%ita%le #anner and not to use or per#it the sa#e to
%e used for any purpose other than those per#itted under the relevant provisions of any law
that #ay %e in force or hereafter %rought in force fro# ti#e to ti#e or for the user not
per#itted %y the Plti#ate +rganisation in ad#inistrative charges of the said %uildingsJ

.c0 'o pro#ptly carry out all the internal repairs in the said new 9at .including Restricted
Co##on area0 fro# ti#e to ti#e as and when it %eco#es necessary at his own costs and
also to #aintain the internals of the said new 9at in the sa#e condition& state and order as
in which the sa#e is delivered to hi# .the natural wear and tear e-cluded0 including all its
walls& partitions& %ea#s& colu#ns& a load %earing walls& #e#%ers& structures& 9ooring& water
closet& %athroo#s& lofts& ventilation& windows& doors& wires ca%les& @ttings& @-tures&
installations& drainage& sanitary soil and sewerage and drainage& sanitary soil and sewerage
pipes& supply& lines of water& electricity and cooking gas etc, contained therein and also to
always keep the sa#e cleansed in good state of repairs and proper operative conditions AND
wherever reEuired& to pro#ptly re#ove and #ake good any stoppage in the sanitary&
sewerage and drainage syste#J

.d0 Not to deposit or throw in sinks& %asins& toilet %owls& traps
soil6drainage6sanitary6sewerage pipes including other conveniences anything which can lead
to stoppage in the sa#e serving the said %uildingJ

.e0 Not to construct& de#olish or otherwise eTect any addition& alteration& #odi@cation&
changes in the said pre#ises or any part thereof without the necessary per#ission of MCBM
.or any other concerned authority0 and the Plti#ate +rganisationJ

.f0 Not to decorate the e-terior of the said new 9at and also not to #ake any alteration&
aTecting the elevation& e-ternal structure or sta%ility of the said %uildingJ

.g0 Not to put any construction or store or keep anything in the co##on entrance& areas&
passage gate& staircase& open space landings& lo%%ies& unrestricted co##on areas or
otherwise create o%struction or nuisance to the other holders of the 9ats co#prised in the
said %uildingJ

.h0 Not to litter& throw out or deposit .or per#it to %e done0 e#pty %ottles& tins& cartons&
papers& china glass& cera#ic earthenware& oTal& dirt& gar%age& de%ris& ru%%ish& trash& /unk&
refuse and other waste anywhere otherwise than in the containers and6or at the place
provided thereforJ

.i0 Not to carry .or cause to %e carried0 heavy packages& articles& goods and things in
lifts or through the staircases& co##on passages& areas which #ay or likely to da#age the
sa#e and if on account of a %reach or negligence on part of the Su%='enant any da#age is
caused to the sa#e or any of the#& then to pro#ptly #ake good the said da#ages at his
own risk& costs and e-penses, 'he Su%='enant shall also %e lia%le for all the conseEuences
arising therefro#J

./0 'o a%ide %y& o%serve& perfor# and co#ply with all the rules& regulations and %y=laws
that #ay %e for#ed and adopted %y the Plti#ate +rganisation fro# the date on which the
Su%='enant %eco#es a #e#%er thereof and further not to or suTer to %e done anything in or
upon the said 8re#ises and6or the said %uilding and6or the said (and which #ay %e against
the provisions of any relevant law that #ay %e for the ti#e %eing in force or against the
rules& reEuisitions and %ye=laws of MCBM or any other concerned authority or local %ody,

I, +n the Su%='enant %eing put in possession of the said new 9at& he shall hold the
sa#e as a%solute owner thereof& free fro# all encu#%rances& and without any de#and or
clai#s thereto %y6for# the +wner=Society,

>, Pntil such ti#e the Su%='enant is put into possession of the said new 9at& the Su%=
'enant shall continue to %e the tenant of the pre#ises and shall pay #onthly rent of Rs,>?6=
to the +wner=Society, +n the Su%='enant %eing put in possession of the said new 9at& the
tenancy rights of the Su%='enant shall %e dee#ed to have co#e to an end and not otherwise
under any circu#stances whatsoever,

K, 'he +wner=Society shall& under no circu#stances& %e a%solved fro# their lia%ility to
provide the said new 9at as per#anent alternate acco##odation to the Su%='enant and in
the #anner provided herein,,

!, 'he +wner=Society here%y agrees and undertake to construct the new %uilding
strictly in the confor#ity with the approved plans and shall adhere to the rules and
regulations of the MCBM6concerned authorities while constructing the new %uilding,

", 'he +wner=Society agree and undertake not to deal with and6or encu#%er and6or
induct any third party or create any third party rights in respect of the said new 9at or
/eopardiLe the rights of the Su%='enant in any #anner,

4, 'he +wner=Society are entitled to develop the said property to the #a-i#u# e-tent
%y construction of such nu#%er of %uildings in the said property as the +wner=Society #ay
%e entitled to or capa%le of doing so in accordance with the Develop#ent Control
Regulations 44 at present in force or as #ay hereafter %e in force fro# ti#e to ti#e,

3?, Save and e-cept the said new 9at agreed to %e allotted to the Su%='enant herein& the
Su%='enant has no rights or clai#s to the other pre#ises in the said %uildings to %e
constructed thereon and the +wner=Society alone shall have the rights to deal with and
dispose of the re#aining pre#ises and appropriate the proceeds unto the#selves,

3, :ithout pre/udice to the rights and re#edies availa%le to the su%=tenant in the event
of default of the owner6society& the Su%='enant agrees not to hinder or o%struct the
develop#ent work or #ake any clai#s& which are inconsistent with the ter#s and conditions
contained herein,

33, 'he +wner=Society is aware that the Su%='enant& to facilitate the develop#ent of the
said property& will %e reEuired to #ove out of his tenanted pre#ises and into a te#porary
acco##odation pending the construction and co#pletion of the new %uildings No, C=)& C=))
and C=))) on the said property, 'he +wner Society have therefore agreed that as a security to
the su%=tenant for co#pelling the +wner Society co#plying with all their o%ligations
contained in this Agree#ent& the +wner Society covenant with the su%=tenant as follows 2

.i0 'hat in the event of the +wner Society entering into any agree#ent or arrange#ent
for developing the said property with any other person.s0& then the ter#s of this Agree#ent
shall %e %inding upon the %oth parties including other personJ

.ii0 Pnder no circu#stances& the ter#s and conditions of this Agree#ent shall %e
changed or revoked and6or ter#inated& save and e-cept with the written consent of all the
parties heretoJ

.iii0 'he +wner=Society here%y e-pressly agree that they shall not put any of its #e#%ers
or any other persons in possession of any other pre#ises in the said new %uilding No, C=)& C=
))& C=)))& C=)V and C=V under any agree#ent or arrange#ent whatsoever until such ti#e that
the Su%='enantGs said new 9at is co#pleted in all respects as per this Agree#ent and the
+ccupation Certi@cate is o%tained and furnished to hi# in respect of the %uilding in which
new 9at is located,

3D, All parties hereto agree to do and e-ecute all further acts& deeds& #atters and things
as #ay %e reEuired to carry out and i#ple#ent the ter#s and intent of this Agree#ent,

3I, Nothing contained in this Agree#ent is intended to %e nor shall %e constructed as a
grant& de#ise or assign#ent in law of the said new 9at or of the said land and %uilding or
any part thereof, 'he Su%='enant shall have no clai# on the said new 9at unless and until
handing over vacant and peaceful possession of e-isting pre#ises,

3>, Any delay tolerated or indulgence shown %y the +wner Society in enforcing the
ter#s of this Agree#ent or any for%earance or giving of ti#e to the Su%='enant shall not %e
constructed as a waiver on the part of the said +wner Society of any %reach or non
co#pliance of any of the ter#s and conditions of this Agree#ent %y the Su%='enant and shall
not in any #anner pre/udice the rights of the +wner Society,

3K, All e-penses of and incidental to this Agree#ent including sta#p duty and
registration charges& if any& shall %e %orne and paid %y the +wner=Society alone,

3!, Cach party shall %ear and pay the fees of their respective Advocates,

3", 'his Agree#ent shall %e su%/ect to the e-clusive /urisdiction of Courts at Mu#%ai,

respective hands on the day and year @rst hereina%ove written,


All these contiguous places or place is of land or grounds or pension and ta- tenure together
with heredita#ents and pre#ises& #assages& tene#ents& %uildings and structure standing
thereon or to %e erected thereon or any part thereof situate lying and %eing at Fal Bovindas
Road& Dadar& 8, 8, No, DIF& '8S ))) of Mahi# Division in the Registration Su%=District of
Fo#%ay City and Fo#%ay Su%ur%an on containing %y ad#esure#ent 5555555 sE, yds, or
therea%out e-clusive of internal road which is a private road and %earing Collector New Nos,
ID?"& DKDD& D4II& I"?> and ID?" and laughtons Survey Nos, 6D?D& 36D?3& D6D?D& D?I
and D?> and C,S No, I33 .part0 and I3K .part0 of Mahi# Division and %ounded as follows2

+n or towards the Cast 2 %y property of S, S, Sawant R Ru%y Mills,

+n or towards the :est 2 %y 8roperty at Ru%y Mills,

+n or towards the North 2 %y 8roperty of Fhosle and Dr, Shya=Cchhaphoalse and
the property occupied %y M6s, 8anorian :orks Co,

+n or towards the South 2 %y 8roperty at Ru%y Mills,

S)BNCD SCA(CD AND DC()VCRCD %y the 0
withinna#ed 'AC +:NCR S+C)C'7 R DCVC(+8CR0
'AC M+A)N++R C+=+8CRA')VC A+PS)NB 0
9DI<:F CI;I:<D 0
%y the hand of its Authorised Signatory 0
Mr, 555555555555555555555555555 0

withinna#ed SPF='CNAN' 0
;B1 DD;0I ;70A7C DQD9:7 0

:itnesses 2

,

3,
D7:<D :=I9 D7F D$ 2005

FC':CCN

'AC M+A)N++R C+=+8CRA')VC
A+PS)NB +C)C'7 ('D,
Uthe +wner Society R Developer

'+

MR, D+MN)C MANPA( DGC+S'A
U the Su%='enant

7 E B < < ; < 0 :

AR')C(CS +F ABRCCMCN' F+R A('CRNA'C ACC+MM+DA')+N #ade at Mu#%ai& this 5555 day
of 5555555555 in the Christian 7ear 'wo 'housand %etween M6S, SA)M+N) C+NS'RPC')+NS a
8artnership @r# Registered under )ndian 8artnership Act& 4D3& through its partners .0 SAR)
SPFA+DA MAN+AAR 8AND)' AND .30 SAR) SAARAD JA7AN')(A( MCA'A& .D0 SM', MAN)SAA
SAARAD MCA'A AND .I0 SAR) (A()' A)MA'(A( SAAA& doing their %usiness as %uilding
construction contractors& having their oNce at Bround 9oor& Chandra Villa& Near Shivsagar
Aotel& Nehru Road& Vile 8arle .Cast0& Mu#%ai = I?? ?>!& hereinafter called ;the Developers<
.which e-pression shall unless it %e repugnant to the conte-t or #eaning thereof %e dee#ed
to #ean and include the partners for the ti#e %eing of the said @r# M6s, Shi#oni
constructions its last Surviving 8artners and his6her heirs& e-ecutors& ad#inistrators and
assigns0 of the +ne 8art AND SAR) D)8AM JA7AN')(A( BANDA)& of Mu#%ai )ndian )nha%itant
residing at 3?& A/#al Road& Vile 8arle .Cast0& Mu#%ai = I?? ?>! hereinafter called ;the
+wner< .which e-pression shall unless it %e repugnant to the conte-t or #eaning thereof %e
dee#ed to #ean and include his heirs& e-ecutors& ad#inistrators and assigns0 of the Second
8art and .0 SM', 8PSA8A B, 8RADAAN .30 SAR) V)JA7 B, 8RADAAN AND .D0 SAR) M)()ND B,
8RADAAN all of Mu#%ai )ndian )nha%itants residing at Roo# Nos,
D and I& Ppasani Mutir& 3?& A/#al Road .Malaviya Road0& Vile 8arle .Cast0& Mu#%ai = I?? ?>!&
hereinafter called ;the 'enants68urchasers< .which e-pression shall unless it %e repugnant to
the conte-t or #eaning thereof %e dee#ed to #ean and include their respective heirs&
e-ecutors& ad#inistrators and assigns0 of the 'hird 8art,

G = < B < 7 9 H

), 'he +wner owned and is a%solutely siLed and possessed of or otherwise well and
suNciently entitled to property known as ;Ppasani Mutir< %earing +riginal 8lot No, K"A and
Final 8lot No, 4!& of 'own 8lanning Sche#e No, )) of Vile 8arle .Cast0& .Varied0 and C'S No,
?33 and for#erly for#ing part of +riginal 8lot Nos, "D and "I and Final 8lot No, K" of 'own
8lanning Sche#e )) of Vile 8arle .Cast0& %earing C'S No, ?33 ad#easuring 3? sE, yds,
eEuivalent to 4DK,IK sE, #trs, or therea%outs together with two structures standing thereon
situate at the Corner of Malaviya Road& A/#al Road& Vile 8arle .Cast0& Mu#%ai = I?? ?>!& in
the Registration District and Su%=District of Fo#%ay Su%ur%an District& #ore particularly
descri%ed in the Schedule hereunder written,

)), )n one of the structures there are #onthly tenants of the +wner in respect of the
pre#ises in their respective occupation,

))), +ne Mr, B, D, 8radhan was the #onthly tenant of the +wner in respect of two dou%le
roo# tene#ents %earing Nos, D and I ad#easuring I?K sE, ft, carpet area .including
Falcony0 paying therefore Rs, D?,I" per #onth as rent have %een attoned tenants to the
+wner %y Shri Ra#an Sunderrao Varde and another the predecessors in title of the +wners
in the year 4!3, Aereto anne-ed and #arked Anne-ure ) is the -ero- true copy of the Rent
Receipt& Ration Card and Clectricity Fill,

)V, 'he said Mr, B, D, 8radhan died intestate leaving %ehind hi# and 'enants68urchasers
and his #arried daughter Mrs, Vandana Sandeep Bupta .nee Miss Vandana B, 8radhan0 as
his only heirs and legal representatives according to the Aindu Succession Act %y which the
deceased was governed at the ti#e of his death, Aereto #arked as anne-ed Anne-ure )) is
the copy of the death certi@cate,

V, As such heirs of the said Mr, B, D, 8radhan .since deceased0 the said tenancy in
respect of the said pre#ises devolved on the tenant purchasers and the said Mrs, Vandana
Sandeep Bupta .nee Miss Vandana B, 8radhan0,

V), 'he 'enants68urchasers have undertaken to %ring the No=+%/ection (etter fro# the
said Mrs, Vandana Sandeep Bupte .nee Miss Vandana B, 8radhan0 in favour of the
'enants68urchasers %efore e-ecution of this Agree#ent and for the %ene@ts and rights
arising out of this Agree#ent,

V)), 'he +wner has @nally agreed to grant develop#ent rights and allowed the
Developers to enter upon the said land and the said structures for the purpose of
de#olishing the said e-isting structures for constructing a new #ulti=storied %uilding on the
said land in accordance with the proposed plans after o%taining approval and sanction
therefore fro# the Frihan#u#%ai Municipal Corporation of Breater Fo#%ay,

V))), 'he written agree#ent incorporating the ter#s and conditions agreed %etween the
owner and Developers is yet not e-ecuted %etween the parties %ut the +wner has in ter#s
of the Agree#ent arrived at %etween the +wner and developers has already shifted and
re#oved hi#self with the #e#%ers of his fa#ily and %elongings fro# the structure in his
occupation and shall give possession thereof to the Developers on their @nalising the
Agree#ent with the tenant,

)Q, )n pursuance of the authority given to the Developers %y the +wner the Developers
negotiated with the 'enants68urchasers for o%taining their co=operation and facility for
de#olishing the structure in their occupation for the purpose of constructing a new %uilding,

Q, )n consideration of giving facilities for de#olishing the tene#ent in their occupation
and the structure in which the said tene#ent in situated& the 'enants68urchasers desire to
have %y way of alternate acco##odation fro# the Developers and the +wner in the
proposed new #ulti=storied %uilding a self contained tene#ent in their /oint na#es
consisting of two %ed roo#& hall& kitchen& ad#easuring !3" sE, ft, carpet area on what is
popularly known as 2<+wnership %asis< for a concessional total price of Rs, "&?>&???6=
.Rupees Cight (acs Five 'housand only0 calculated at the rate of Rs,3>??6= per sE, ft, of
carpet area for the area of D33 sE, ft, or carpet area that would %e given in e-cess of the
carpet area of I?K sE, ft, %eing the area of the tene#ent at present in occupation of the
'enants68urchasers in the said e-isting structure and on the other ter#s and conditions
hereinafter appearing,

Q), 'he Developers have shown to the 'enants68urchasers the proposed plan and
speci@cations relation to the aforesaid develop#ent and apprised the 'enants68urchasers
with the location of the new alternate acco##odation to the provided to the
'enants68urchasers and which is shown on the 8lan anne-ed as C-hi%it it ;< hereto and
thereon %ounded red,

Q, 'he 8arties desire that the said negotiations and the ter#s and conditions agreed %y
the %etween the parties %e recorded %y this Agree#ent in written,

N+: 'ACSC AR')C(CS :)'NCSSC'A AND )' )S ACRCF7 ABRCCD AF7 AND FC':CCN 'AC
8AR')CS AS F+((+:S2

, 'he +wner here%y records and con@r#s that the owner has agreed to grant
develop#ent rights in respect of the said i##ova%le property known as ;Ppasan/ Mutir<
%earing +riginal 8lot No, K"A and Final 8lot No, 4! of 'own 8lanning Sche#e No, )) of Vile
8arle .Cast0& .Varied0 and C'S No, ?33 and for#erly for#ing part of +riginal 8lot Nos, "D
and "I and Final 8lot No,K" of 'own 8lanning Sche#e No, )) of Vile 8arle .Cast0& %earing C'S
No, ?33 ad#easuring 3? sE, yds, eEuivalent to 4DK,IK sE, #ars, or therea%outs together
with two structures standing thereon situate at the Corner of Malaviya Road& A/#al Road&
Vile 8arle .Cast0& Mu#%ai = I?? ?>!& in the Registration District and Su%=District of Fo#%ay
Su%ur%an District& #ore particularly descri%ed in the Schedule hereunder written to the
Developers on the ter#s and conditions #utually agreed %etween the# and to %e recorded
in writing shortly with the o%/ect of developing the sa#e %y de#olishing the e-isting
structures and constructing a new #ulti=storied %uilding consisting of 3 wings of ground and
seven upper 9oors .hereinafter referred to as ;the said new %uilding<0 as per the proposed
plans and speci@cations after they are approved and sanctioned %y the Frihan#u#%ai
Municipal Corporation of Breater Fo#%ay .hereinafter called ;the Corporation<0 after
o%taining therefore )+D and Co##ence#ent Certi@cate,

3, 'he 'enants68urchasers declare that at present they are occupying as #onthly
tenants of the +wner& a tene#ent %earing Roo# Nos, D and I consisting of dou%le roo#s&
ad#easuring a%out I?K sE, ft, of carpet area on the Bround 9oor of the %uilding known as
;Ppasani Mutir< situate at A/#al Road .Malaviya Road0& Vile 8arle .Cast0& Mu#%ai = I?? ?>!&
paying therefore Rs, DI,I"6= per #onth as rent, 8rior to the e-ecution of these presents& the
'enants68urchasers have paid to the +wner an aggregate su# of Rs, I&""K6= towards the
#onthly rent& water charges& FMC ta-es and #aintenance charges upto D?
th
June& 3???,

D, 'he 'enants68urchasers here%y agree declare and undertake to hand over Euiet&
vacant and peaceful possession of the tene#ent in their occupation as a #onthly tenant
thereof to the Developers for the purpose of de#olishing the sa#e& on the
Developers6+wner lodging this agree#ent for registration and ad#itting e-ecution thereof
and thereafter& the Developers oTering to the 'enants68urchasers& te#porary alternate
acco##odation with all a#enities free of cost in the vicinity of the tene#ent at present in
occupation of the 'enants68urchasers as #ay %e #utually agree for residing therein as
(icensees of the Developers until the 'enants68urchasers are provided with per#anent
alternate acco##odation as provided herein, 'he #onthly rental license fee6 co#pensation
and security deposit& if any& paya%le in respect of such te#porary alternate acco##odation
shall %e %orne and paid %y the Developers alone,

I, 'he Developers do here%y agree to provide to the 'enants68urchasers a self=
contained residential 9at %eing Flat No, ? consisting of two %ed roo#s& hall kitchen
ad#easuring !3" sE, ft, carpet area on the
st
9oor a%utting on A/#al Road in the ;F< wing
of the proposed new %uilding at a concessional lu#p price of Rs,"&?>&???6= .Rupees Cight
(acs Five 'housand only0, 'he said Flat is shown on the plan hereto anne-ed and #arked
C-hi%it ;< and thereon %ounded Red, 'he said Flat to %e provided to the 'enants68urchasers
shall contain %esides the a#enities as set out in the C-hi%it ;3< hereto the a#enities si#ilar
to those which the Developers will provide in other 9ats in the ;F< wing of the said new
%uilding which the Developers will %e disposing oT to the prospective purchasers on what is
popularly known as ;+wnership %asis<,

>, 'he concessional price of Rs, "&?>&???6= .Rupees Cight (acs Five 'housand only0 is
arrived at %y the Developers %y giving an area of I?K sE, ft, on carpet area %eing the area of
the tene#ent at present in the occupation of the 'enants68urchasers in the e-isting structure
free of cost and the price of Rs, "&?>&???6= is calculated at the rate of Rs,3&>??6= per sE, ft, of
carpet area for the area of D33 sE, ft, carpet area that would %e given in e-cess of the carpet
area of I?K sE, ft,

K, 'he said lu#p su# concessional price of Rs,"&?>&???6= .Rupees Cight (acs Five
'housand only0 shall %e paid %y the 'enants68urchasers to the Developers in the following
#anner2=

.a0 A su# of Rs,3&??&???6= .Rupees 'wo (akhs only0 to %e paid within a period of si-
#onth fro# the date of e-ecution of these presents and the sanctioned plans of the
proposed new %uilding showing thereon the 9at herein agreed to %e provided to the
'enants68urchasers as a per#anent alternate acco##odation whichever is later,

.%0 A su# of Rs,3&??&???6= .Rupees 'wo (akhs only0 to %e paid within a period of two
#onths fro# the date of pay#ent of @rst install#ent #entioned in Clause .a0 a%ove,
.c0 A su# of Rs,3&??&???6= .Rupees 'wo (akhs only0 to %e paid within a period of two
#onths fro# the date of pay#ent of the second install#ent #entioned in Clause .%0 a%ove,
.d0 A su# of Rs,3&?>&???6= .Rupees 'wo (akhs Five 'housand only0 %eing the %alance
a#ount of consideration to %e paid at or a%out the ti#e of taking possession of the 9at in
the new %uilding as and %y way of per#anent alternate acco##odation,

, 'he tenancy of the 'enants68urchasers in respect of the tene#ent at present in their
occupation in the e-isting structure as a #onthly tenant of the +wner shall continue
to e-ist until the 'enants68urchasers accept the 9at in the new %uilding as per#anent
alternate acco##odation in lieu of the said e-isting tenancy, 'he leave and license to
occupy the te#porary alternate acco##odation during the period of construction
and the said #onthly tenancy in respect of the tene#ent in the e-isting structure as
a #onthly tenant of the +wner shall %e co=ter#inus with the co#pletion of the
proposed new %uilding and the said #onthly tenancy and the said license shall
auto#atically stand revoked and cancelled and6or rescinded with the oTer of the
Developers to the 'enants68urchasers to occupy the new 9at in the proposed new
%uilding as provided in the Clause No, I a%ove unless the 'enants68urchasers refuse
to accept the said oTer on account of %reach& if any& co##itted %y the Developers in
co#plying with any of the ter#s of this agree#ent,

, )t is agreed that they the Developers shall within " #onths fro# the date hereof
co#plete the construction of the proposed new %uilding as per the proposed plans
that would %e approved and sanctioned %y the Frihan#u#%ai Municipal Corporation
in which it is intended to provided per#anent alternate acco##odation to the
'enants68urchasers on what is popularly known as ;+wnership %asis< with all
a#enities and as per approved speci@cations,

4, 'he Developers here%y agree& declare and undertake that after the construction of
the said proposed new %uilding is co#pleted in all respects with speci@cations and a#enities
as agreed herein and after o%taining the Co#pletion Certi@cate fro# the Frihan#u#%ai
Municipal Corporation %ut %efore the Developers give possession of any Flat6'ene#ent to
any prospective 8urchasers of Flats in induct any person e-cept the +wner in the ;F< :ing
of the proposed new %uilding& they shall give seven days notice to the 'enants68urchasers to
shift and occupy the Flat here%y agreed to %e provided to the 'enants68urchasers as and %y
way of per#anent alternate acco##odation,

?, 'he 'enants68urchasers shall shift the#selves to and occupy the new 9at in the
proposed new %uilding& here%y agreed to %e provided to the# %y the Developers on
+wnership %asis as and %y way of per#anent alternate acco##odation& as per Clause !
a%ove& within ! days fro# the receipt of the notice fro# the Developers to occupy the sa#e&
8R+V)DCD the 'enants68urchasers have paid the full consideration and 8R+V)DCD FPR'ACR
that the 'enants68urchasers have not refused to accept the possession of the said Flat on
account of %reach& if any& co##itted %y the Developers of any of the ter#s of this
agree#ent,

, 'he 'enants68urchasers agree and undertake to /oin in the for#ation of organisation
of 9at 8urchasers such as Co=operative Aousing Society or Condo#iniu# of Apart#ent
+wners or any other association of 9at purchasers and for that purpose sign an application
for #e#%ership and6or such other docu#ents as #ay %e reEuired to %e e-ecute and shall
also pay necessary share #oney& entrance fee& #aintenance charges& etc,

3, 'he 'enants68urchasers here%y agree and undertake to pay fro# the date of taking
possession of the new 9at in the proposed new %uilding their share of #aintenance charges&
#unicipal ta-es and all other outgoings paya%le in respect of the said pre#ises,

D, 'he 'enants68urchasers here%y undertake to o%tain %efore the e-ecution of this
Agree#ent fro# the said Mrs, Vandana Sandeep Bupte .nee Miss Vandana B, 8radhan0 her
N,+,C, for surrender and relinEuish#ent of her tenancy rights in the 'ene#ent in the e-isting
structure as on of the /oint tenants of the +wner and for allot#ent of Flat No,? in the ;F<
:ing of the proposed new %uilding to the 'enants68urchasers %y way of per#anent alternate
acco##odation within 555 days fro# the date of e-ecution hereof,

I, )t is e-pressly agreed %etween the parties hereto that the Developers shall not hand
over possession of the new Flat No, ? in the ;F< :ing of the proposed new %uilding until
and unless the 'enants68urchasers re#ove the#selves and %elongings fro# the te#porary
alternate acco##odation and handover Euiet and vacant possession thereof to the
Developers,

>, 'he 'enant here%y declare that upon allot#ent of the new 9at& none of the other
heirs of the B, D, 8radhan or any one else shall %e entitled to #ake any clai# towards the
tenancy rights or any other rights of whatsoever nature in the e-isting structures now in
their occupation against the +wner and the Developers,

K, 'he 'enants68urchasers shall not without the written consent of the Developers
transfer or assign their right under this agree#ent during the period of construction,

!, 'he 8arties hereto #utually agree and undertake to one another to co#ply with their
respective o%ligations and co=operate with one another for due perfor#ance of the ter#s of
this agree#ent,

", 'he Developers will lodge this agree#ent for registration and ad#it e-ecution
thereof %efore the Su%=Registrar of Assurances,

4, 'he sta#p duty& registration charges& and legal fees in respect of this Agree#ent
shall %e %orne and paid %y the 'enants68urchasers alone and +wner6Developers are not
lia%le for the sa#e,

)N :)'NCSS :ACRC+F the parties hereto set and su%scri%e their respective hands and seals

'AC SCACDP(C ACRC)NAF+VC RCFCRRCD '+

A(( 'AA' piece or parcel of land %eing lying and situated at Village Vile 8arle& 'aluka
Andheri& %earing +riginal 8lot No, K"A and Final 8lot No, 4! of Vile 8arle 'own 8lanning
Sche#e No, )) .Varied0 and C,',S, No,?33 and for#erly for#ing part of original plot No, "D
and "I& Final 8lot No,K" 'own 8lanning Sche#e = )) of Vile 8arle .Cast0& %earing C'S No, ?33
ad#easuring 3? sE, yds, eEuivalent to 4DK,IK sE, #trs, or therea%outs in the Registration
District and Su%=District of Fo#%ay Su%ur%an District& Municipal :ard ;M< Cast and %ounded
as follows i,e, to say 2

+n or towards North 2 Fy property of Su#itra%ai and Final 8lot No, 4" of '8S =
)) of Vile 8arle .Cast0,

+n or towards South 2 Fy Malavia Road

+n or towards Cast 2 Fy A/#al Road

+n or towards :est 2 Fy property known Sunder Niwas Road and Final 8lot
No, 4K of '8S )) of Vile 8arle .Cast0

withinna#ed DCVC(+8CRS 0
M6s, SA)M+N) C+NS'RPC')+NS 0
through its 8artners 0
0 SAR) SPF+DA MAN+AAR 8AND)' 0
30 SAR) SAARAD JA7AN')(A( MCA'A 0

withinna#ed +:NCR 0
SAR) D)8AM JA7AN')(A( BANDA) 0

withinna#ed 'CNAN'S68PRCAASCRS 0
0 SM', 8PSA8A B, 8RADAAN 0
30 SAR) V)JA7 B, 8RADAAN and 0
D0 SAR) M)()ND B, 8RADAAN 0

:itnesses 2

,

3,
V DA'CD 'A)S DA7 +F 3??? V

M6S, SA)M+N) C+NS'RPC')+NS
UDevelopers
AND
SAR) D)8AM JA7AN')(A BANDA)
U+wners
AND
SM', 8PSA8A B, 8RADAAN AND +RS,
U'enants68urchasers

ABRCCMCN' F+R A('CRNA'C ACC+MM+DA')+N

MAACNDRA M, SANCAA(A
Advocate& Aigh Court& Fo#%ay
F6D& Bround Floor&
Vireshwar 8rakash&
Nehru Road& Vile 8arle .Cast0&
Fo#%ay I?? ?>!,

/<B;70<0: 7C:<B07:I#< 7D;;DD7:ID0 7EB<<;<0:

:=I9 7EB<<;<0: $DB /<B;70<0: 7C:<B07:I#< 7D;;DD7:ID0 is #ade at
Mu#%ai this 55 day of 555555in the Christian 7ear 'wo 'housand 'hirteen .3?D0,

!et.een

D7IGI? D<#<CD/K& having its oNce at D
rd
Floor& Fengal Che#ical Fuilding >?3& Veer Savarkar Marg&
8ra%hadevi Mu#%ai = I?? ?3>& hereinafter referred to as 6t+e De%elo*er8& .which
#ean and include its successors and assigns0 of the $IB9: /7B: 2

70D

415 ;B1 =70DB7?70: 07B9ID79 E=<C70I & 425 ;B1 !=7B7: 07B9ID79 E=<C70I
70D 435 ;B1 DICI/ 07BI9ID79 E=<C70I& all of Mu#%ai& )ndian )nha%itants residing at
5555555555555555555555555555555& hereinafter referred to as It+e onOrming /artiesI .which
#ean and include their respective heirs& e-ecutors& ad#inistrators and per#itted
assigns0 9<D0D /7B:

70D

22222222222222222222222222222> Aindu& Adult& of Mu#%ai& )ndian )nha%itant residing at
555555555555555555555555555555555555555555 hereinafter referred to as It+e :enantJ
4s5I .which e-pression shall unless it %e repugnant to the conte-t or #eaning thereof %e
dee#ed to #ean and include his6her6their respective heirs& e-ecutors& ad#inistrators and
assigns0 of the :=IBD /7B: 2
;the Developer<& ;the Con@r#ing 8arties< and ;the 'enant6.s0< herein collectively referred to
as 6/arties8 and individually referred to as 6/arty8,

G = < B < 7 9 H

A, 'he Con@r#ing 8arties herein are the (essees of the leasehold plot of land
ad#easuring K,! sE, #trs, or therea%out %earing 8lot no, 43 .north0 of Dadar Matunga
Cstate of Municipal Corporation of Breater Fo#%ay and %earing Survey no, "3I .part0
corresponding to Cadastral Survey no, I"6? of Matunga Division in the Registration District
of Mu#%ai City together with tenanted %uilding know a ;Nir%hay Niwas< co#prised of
ground plus three upper 9oors standing thereon .hereinafter referred to as 6t+e said
!uilding80 situated at Fhauda/i Cross Road& ?& +pposite .F0 :ard Municipality +Nce& Ming
Circles Matunga& Mu#%ai = I?? ?4 .hereinafter referred to as 6t+e said /ro*erty8 0

F, 'he Con@r#ing 8arties %eing desirous of developing the said 8roperty has entered into
a Develop#ent Agree#ent dated 555555555555555 with the Developer herein and have
irrevoca%ly appointed& granted& entrusted and e#powered the Developer herein the
develop#ent right of the said 8roperty& on the ter#s and conditions #entioned therein, 'he
aforesaid Develop#ent Agree#ent dated 5555555555is duly registered with the Su%=Registrar
of Assurance 5555555 vide serial no, 5555555555 on 55555555555555555& .hereinafter referred to
as 6t+e said De%elo*ment 7greement80J

C, )n pursuance of the said Develop#ent Agree#ent& the Developer herein has acEuired
the develop#ent rights of the said 8roperty %y de#olishing the said Fuilding and to
construct thereon new #ulti storied residential %uilding as per rules& regulations and policy
laid down under provision DD .!0 of Develop#ent Control Regulation of Breater Mu#%ai&
44& as a#ended fro# ti#e to ti#e and %y utiliLing and consu#ing the entire FS)&
additional FS) including FS) %y way of 'DR including fungi%le FS) to the ut#ost e-tent
per#issi%le and all other %ene@ts which #ay %e availa%le in respect of the said 8roperty
and in accordance with rules and regulation laid down %y Municipal Corporation of Breater
Mu#%ai .;;E;<0& Maharashtra Aousing and Area Develop#ent Authority .;;=7D7 <0
and any other Co#petent Authority and in accordance with plans& speci@cation& elevations&
section and detail of proposed new residential %uilding sanctioned %y MCBM or MAADA or
any other Co#petent AuthorityJ

D, 'he 'enant6.s0 is6are the #onthly tenant of the Con@r#ing 8arties and he6she6they
is6are in occupation and use in respect of Roo# no, 55555 ad#easuring 555555 sE, ft, .carpet
area0 .e-cluding %alcony0 on the 55 9oor in the said Fuilding viL,& ;Nir%hay Niwas< standing
on the said 8roperty& as #ore particularly descri%ed in the 9<D0D 9=<DAC< hereunder
written .hereinafter referred to as ;t+e said :enanted /remises<0 and the 'enant is
paying the #onthly rent to the Con@r#ing 8arties regularly, Copies of Rent Receipt&
Clectricity Fill& 'elephone Fill& are anne-ed hereto and #arked as 700<@AB< 678> 67"18
and 67"28& respectively,

C, For the purpose of developing the said 8roperty& the Developer negotiated with the
'enant6.s0 for surrender of his6her6their tenancy rights in respect of the said 'enanted
8re#ises and to hand over vacant and peaceful possession of the sa#e to the Developer
and the Developer with the consent and con@r#ation of the Con@r#ing 8arties have agreed
to provide and grant to the 'enant6.s0 herein& as per#anent alternate acco##odation a 9at
%earing no, 55 ad#easuring KK> sE, ft, .carpet area0 .which is inclusive of area of niche&
9ower %ed& dry %alcony& co##on passages& lift landing& duct or any other area of the
Architectural features will %e taken in to consideration0 on the 555 9oor together with one car
parking spaces in %ase#ent6stilt6podiu#Zp/[ of the proposed new residential %uilding to %e
constructed on the said 8roperty& free of cost on ownership %asis in lieu of the 'enant6.s0
agreeing to surrendering& releasing& relinEuish his6her6their tenancy rights in respect of the
said 'enanted 8re#ises on certain ter#s and conditions as #utually agreed %y and %etween
the 8arties hereto and incorporated herein,

0DG :=I9 7EB<<;<0: GI:0<99<:= 70D I: I9 =<B<!F 7EB<<D !<:G<<0 :=<
/7B:I<9 =<B<:D 79 $DCCDG9H

operative part of this Agree#ent as if the sa#e are reproduced herein ver%ati#

3, 'he Developer has agreed to develope the leasehold land ad#easuring K,! sE,
#trs, or therea%out %earing 8lot no, 43 .north0 of Dadar Matunga Cstate of Municipal
Corporation of Breater Fo#%ay and %earing Survey no, "3I .part0 corresponding to
Cadastral Survey no, I"6? of Matunga Division in the Registration District of Mu#%ai City
together with tenanted %uilding know a ;Nir%hay Niwas< co#prised of ground plus three
upper 9oors standing thereon .hereinafter referred to as 6t+e said !uilding80 situated at
Fhauda/i Cross Road& ? +pposite .F0 :ard Municipality +Nce& Ming Circles Matunga&
Mu#%ai = I?? ?4& #ore particularly descri%ed in the $IB9: 9=<DAC< hereunder written
.hereinafter referred to as 6t+e said /ro*erty80, 'he Developer proposes de#olish the
said Fuilding and to construct a new #utli=storyed residential %uilding on the said 8roperty
consisting of ground plus 5555555 upper 9oors .hereinafter referred to as ;t+e said
/ro*osed !uilding<0& as per the provisions of Regulation DD.!0 of the D,C, Regulations or
such other incentive FS) sche#e as #ay %e per#issi%le %y the statutory authorities
concerned under the D,C, Regulations and %y utilising and consu#ing FS) including FS) %y
way of 'DR& Fungi%le FS) and additional FS) and other %ene@ts to the ut#ost e-tent
per#issi%le in law as #ay %e feasi%le in respect of the said 8roperty or any portion thereof,
'he Developer shall co##ence and co#plete the redevelop#ent of the said 8roperty in
accordance with the plans and speci@cations which #ay %e sanctioned %y the MCBM6
MAADA 6 Co#petent Authority fro# ti#e to ti#e and su%/ect to the rules& regulations and
%ye=laws of the MCBM& Develop#ent Control Regulations of Breater Fo#%ay& 44 .;DCR<0&
MAADA and any other Co#petent Authority thereof,

D, 'he 'enant6.s0 here%y irrevoca%ly surrender6s& release6s& relinEuish6s and e-tinguish6s
his6her6their tenancy rights and here%y delivers Euit& vacate and peaceful possession of
Roo# No, 5555 ad#easuring a%out I>> sE, ft, .carpet area0 on 555 9oor in the said Fuilding
standing on the said 8roperty and #ore particularly setout in the 9<D0D
9=<DAC< .hereinafter referred to as ;t+e said :enanted /remises<0& to the Developer
1 'he Developer with consent and con@r#ation of the Con@r#ing 8arties has agreed to allot
to the 'enant free of cost and on ownership %asis %y way of per#anent alternative
acco##odation& a residential 9at %earing no, 555555 ad#easuring 665 sE, ft, carpet area
inclusive of area of %alcony& 9ower %eds& deck or any such area in the said 8roposed Fuilding
to %e constructed on the said 8roperty .hereinafter referred to as 6t+e said 0e. $lat80
along with one car parking space in %ase#ent6stilt6podiu#6open car parking space
.hereinafter referred to as 6t+e said ar /arking 9*ace80 in the said 8roposed Fuilding&
free of cost and on ownership %asis .hereinafter 6t+e said 0e. $lat8 and 6t+e said ar
/arking 9*ace8& collectively referred to as 6t+e said 0e. /remises80 as #ore
particularly descri%ed in the :=IBD 9=<DAC< hereunder written in full and @nal
settle#ent , A copy of the tentative 9oor plan in respect of said New Flat is anne-ed hereto
and #arked as 700<@AB< 6!8 , 'he Developer has agreed to provide free of cost certain
a#enities to 'enant6.s0 in the said New Flat a list of such a#enities are anne-ed hereto and
#arked as 700<@AB< II,

I, 'he 'enant6.s0 has6have e-pressly agreed and here%y undertake to hand over the
vacant and peaceful possession of the said 'enanted 8re#ises within K? .si-ty0 days& upon
receipt of written inti#ation fro# the Developer that the Developer has o%tained an
)nti#ation of Disapproval .;)+D<0 fro# the Co#petent Authority in respect of the
redevelop#ent as conte#plated herein,

>, 'he Developer shall pay to the 'enant6.s0 a lu#psu# a#ount of Rs,I&>>&???6=
.Rupees Four (acs Fifty Five 'housand only0 calculated 1 Rs, ???6= .Rupees +ne
'housand only0 per sE, ft, .i,e, I>> sE, feet V Rs, ???6=0 .hereinafter referred to as ;or*us
7mount<0, )t is agreed %etween the 8arties hereto that& the aforesaid corpus a#ount shall
%e paya%le in the #anner as set out hereunder2
.a0 Rs 3&3!&>??6= .Rupees 'wo (acs 'wenty Seven 'housand Five Aundred +nly0 shall %e
paid %y the Developer to the 'enant6.s0& upon the 'enant6.s0 vacating and handing over
vacant and peaceful possession of the said 'enanted 8re#ises to the Developer as stipulate
in Clause 55555 hereina%oveJ and

.%0 the %alance a#ount of Rs,3&3!&>??6= .Rupees 'wo (acs 'wenty Seven 'housand
Five Aundred +nly0 shall %e paid to the Society on %ehalf of 'enant6.s0 at ti#e of taking the
possession of said New 8re#ises,

)t is e-pressly agreed %etween the 8arties hereto that the Developer shall not %e lia%le to
pay to the 'enant6.s0 any su# over and a%ove the corpus a#ount as agreed in this
Agree#ent& for any reason whatsoever,

K, 'he Con@r#ing 8arties herein shall not %e entitled to sale& transfer& assign their
respective develop#ent right including leasehold rights in respect said 8roperty to any
person or persons& save and e-cept the Developer herein, Zp/3[

!, 'he Developer here%y agrees to inti#ate the 'enant a%out any variation in the area of
the said New Flat& agreed to %e allotted to the 'enant under this Agree#ent, )t is further
agreed that at the ti#e of the Developer handing over possession of the said New Flat to the
'enant the 8arties shall conduct a /oint #easure#ent of the said New Flat and in the event
the area of the said New Flat is less then K>4 sE, feet carpet area then the Developer shall
co#pensate the 'enant6.s0 at the rate of Rs,I>&???6= .Rupees Forty Five 'housand only0 per
sE, ft,,

", 'he height with respect to the said New Flat %etween the @nish 9oor and @nished
ceiling shall %e not less than ? feet and6or as per FMC nor#s,

4, )t is here%y agreed %etween the 8arties hereto that the 'enant6.s0 shall shift to the
te#porary alternate acco##odation identi@ed %y the 'enant, 'he Developer shall not %e
lia%le to pay any cost and 6 or e-pense incurred %y the 'enant for shifting to the te#porary
alternate acco##odation identi@ed %y the 'enant, 'he 'enant6.s0 herein cannot at any point
of ti#e during the redevelop#ent or thereafter clai# any a#ount as displace#ent
co#pensation attri%uta%le to acEuisition of the te#porary alternate acco##odation,

?, Ppon the 'enant handing over vacant and peaceful possession of the said 'enanted
8re#ises to the Developer& the Developer shall hand over to the 'enant6.s0 3I .'wenty Four0
post=dated cheEues of Rs, I?&???6= .Rupees Forty 'housand only0 each& drawn on the
st
day
of each #onth co##encing viL,& fro# 55555555555555555 to 555555555555 %eing the a#ount of
#onthly co#pensation for the te#porary alternate acco##odation identi@ed %y the 'enant,
'he Developer shall ensure the said cheEues are duly honored %y pay#ent on presentation
on their respective due dates,

, Su%/ect to the force #a/eure #entioned hereunder& the Developer shall co#plete the
redevelop#ent work of the said 8roperty& %y constructing the said 8roposed Fuilding thereon
along with +ccupation Certi@cate& within 3I #onths, )f the construction of the said 8roposed
Fuilding on the said 8roperty is not co#pleted within 3I #onths fro# the date of receipt of
Co##ence#ent Certi@cate fro# Co#petent Authority&, 'hen period for redevelop#ent shall
get auto#atically e-tend for DK #onths includes K #onths grace period and the Developer
is lia%le to pay rent for further period i,e, fro# 3>
th
#onth to DK #onths viL,& 5555555555555 to
555555555555555555 of Rs,II&??? .Rupees Forty Four 'housand +nly0 per #onth as
co#pensation for te#porary alternate acco##odation,

3, 'he Developer here%y agrees that after the e-piry of the aforesaid period of DK
.'hirty=Si-0 #onths& then the Developer shall %e entitled to the pay rent of Rs,5555556=
.Rupees 5555555555555555 only0 per #onth, Such rent shall %e paya%le %y the Developer to
the 'enant& till the Developer hands over the possession of the said New 8re#ises to the
'enant6.s0,

D, 'he Developer shall pay to the 'enant6.s0 one ti#e shifting charges su# of Rs,
555555555555555 6= .Rupees 555555555555only0& plus %rokerage charges& sta#p duty and
registration charge incurred in respect of the (eave and (icense Agree#ent pertaining to
the te#porary alternative acco##odation,

I, 'he Developer doth here%y agrees and covenants with the 'enant6.s02=

.a0 the Developer shall %e entitled to use& utiliLe and consu#e the entire FS)& 'DR FS)
including Fungi%le FS) and6or any other %ene@t availa%le in respect of the said 8roperty as
per present nor#s of the Authority6MCBM6MAADA6Co#petent Authority on the said 8roperty
for any reason whatsoever which includes a change in the D, 8, 8lan& D,C, Rules& Regulations
and %ye=laws governing the FS) as also the F,S,), which #ay %e availa%le on any account or
due to any reason whatsoever& including on account of handing over to the Bovern#ent or
the Municipality any set %ack area& and6or due to any change in law& rules or regulations&
shall a%solutely and e-clusively %elong to and %e availa%le for the %ene@t of the DeveloperJ

.%0 the Developer shall %e entitled to a#end& change& revise and #ake additions and6or
alterations to the plans& speci@cations& drawings and designs to %e prepared fro# ti#e to
ti#e to %e su%#itted to MCBM6MAADA6Co#petent Authority with respect to the said
8roposed Fuilding and the 'enant6.s0 shall not %e entitled to raise any o%/ection to the sa#e
provided such a#end#ents does not pre/udice the rights of the 'enant6.s0 under this
Agree#ent and the 'enant6.s0 here%y give6s irrevoca%le consent to such a#end#ents&
changes and #ake additions and6or alterations in the said 8roposed Fuilding plans without
aTecting the area6location6shape of the said New 8re#ises, 'he Developers shall not %e
reEuired to take any further per#ission fro# the 'enant6.s0 for such a#end#ents& written or
otherwise, 'he consent herein fro# 'enant6.s0 as envisaged under section !.0.ii0 of the
Maharashtra +wnership Flats Act granted shall %e construed as irrevoca%le consentJ

.c0 the Developer shall de#olish the said 8roposed Fuilding and construct the said
8roposed Fuilding with car parking spaces as per sanctioned %uilding plans %y
MCBM6MAADA6Co#petent AuthorityJ

.d0 the Developer shall %ear and pay to the Municipal Corporation& MAADA& Co#petent
Authority& Bovern#ent and all other authorities6agencies all additional pre#iu#&
co#pensation deposit or other a#ounts paya%le in respect of use of FS)& additional FS) and
change of user of the said 8ropertyJ

.e0 the Developer shall %ear and pay the professional fees of the Architects& (egal
Advisor& RCC Consultants& Surveyors& Construction Supervisors and other personnel
engaged6e#ployed for the purpose of redevelop#ent of the said 8roperty and also lia%le
to pay the charges in respect of electricity and water %ills consu#ed during the period of
the redevelop#ent of the said 8roperty& upto the date of handing over the possession of the
said New 8re#ises along with +ccupation Certi@cateJ

.f0 the Developer shall at their entire costs and e-pensive carry out the redevelop#ent
of the said 8roperty and shall %e lia%le to %ear and pay all develop#ent charges6e-penses&
MAADA6MCBM pre#iu#& deposits paya%le to the concerned local and #unicipal
authorities6State Bovern#ent6Statutory Authority including transfer charges paya%le to
Cstate Depart#ent6MAADA6MCBM including water and electricity deposits& all infrastructure
e-penses of develop#ent and construction i,e, electricity& water& drainage& sewerage& stor#
water drains& ca%les& street lights& fencing& co#pound wall& ra#ps and all a#enities& cost of
oNce staT salaries& and ad#inistrative& costs& traveling and legal e-penses& site oNce
e-penses& ta-es related to construction& structural fees& ta-es related to construction&
occupation charges& all MCBM fees& (PC 'a- 6 Final Assess#ent 'a-& ArchitectGs and RCC
Consultants Fees& security charges& water6sewerage charges for construction at site& site
supervisor charges& sta#p duty and registration charges and all other costs& charges %y
whatever na#e called necessary for carrying out the redevelop#ent of the said 8ropertyJ

>, 'he 'enant6.s0 here%y declares& represents and agrees with the Developer that2

.a0 he6she6they .along with the #e#%ers of his6her6their fa#ily0 is6are in e-clusive use&
occupation of the said 'enanted 8re#ises and no one e-cept hi#self6 herself6 the#selves
has any right title or interest of any nature whatsoever in the said 'enanted 8re#ises and
that he6she6they has not created any third party rights therein or parted with possession of
the sa#e to any third party or created any charge or encu#%rances of any nature
whatsoever therein and that the 'enant6.s0 is6are free and entitled to enter into this
Agree#entJ

.%0 he6she6they shall not cause any o%stacle or i#pedi#ent and 6 or initiate litigation or
raise any o%/ection which #ay delay redevelop#ent6develop#ent of the said 8roperty in the
#anner envisaged herein and he6she6they here%y gives irrevoca%le consent to the
Developer for the purpose of redevelop#ent of the said 8roperty at the a%solute discretion
of the Developer and shall if reEuired sign and e-ecute all applications& letters& for#s&
writings& undertakings& declarations and other necessary docu#ents and papers as #ay %e
reEuired %y the MCBM& Collector or any other concerned authority for sanctioning of the
said 8roposed Fuilding plans& )+D& CC& +C and any other approvals to the +wners and the
Developer for co##encing the construction of the said 8roposed Fuilding on the said
8ropertyJ

.c0 he6she6they is6are not prohi%ited fro# dealing with& disposing of entering into this
Agree#ent in respect of the said 'enanted 8re#ises or any part thereof %y )nco#e 'a- or
any other Authority or in any other #anner and that there is no i#pedi#ent in law to
hi#6her6the#6.s0 entering into and i#ple#enting this Agree#entJ

.d0 he6she6they has6have paid the rent paya%le in respect of the said 'enanted 8re#ises
upto date of this Agree#ent& and will continue to pay the sa#e at the contractual rate for
the period upto the date of taking possession of the said New 8re#isesJ

.e0 he6she6they has6have not created any encu#%rance& #ortgage& lien& ease#ent& lease&
leave and licence& su%=tenancy 6 lease& assign#ent or any third party right into over or upon
the said 'enanted 8re#ises or any part thereof and nor the said 'enanted 8re#ises is
su%/ect #atter of any dispute& suit& litigation or proceeding or attach#ent %efore or after
/udg#ent and the said 'enanted 8re#ises is not su%/ect to any lispendence6 lispendens
noticeJ

.f0 he6she6they has6have not entered into any agree#ent for sale& tenancy& #ortgage&
su%=occupancy& gift or otherwise howsoever in respect of the said 'enanted 8re#ises or of
any part thereof in favour of any person6s and has not entered into any co##it#ent with
any person in any #anner howsoever concerning or aTecting the said 'enanted 8re#isesJ

.g0 during the su%sistence of this Agree#ent and6or during the period of redevelop#ent&
the 'enant6.s0 shall not charge& transfer& alienate& assign or dispose of his6her6their
occupancy and6or create third party rights of whatsoever nature in respect of the said
'enanted 8re#ises and6or %ene@ts under this Agree#ent to any person6s till the said New
8re#ises is co#pleted and handed over to hi#6her6the# %y the Developer in the #anner set
out hereinJ

.h0 the said New Flat shall %e used for residential purpose onlyJ

.i0 he6she6they shall sign and e-ecute if so reEuired & the usual agree#ent as provided
under the Maharashtra +wnership Flats .Regulation of 8ro#otion& Construction& Sale and
'ransfer0& Act& 4KD and further agrees and undertakes to /oin the Co=operative Aousing
Society 6 Condo#iniu# 6 Co#pany that will %e for#ed %y the prospective purchaser of
pre#ises as #e#%er thereof and for that purpose sign all for#s& application and other
writings as #ay %e necessary, 'he 'enant6.s0shall %e lia%le to Developer and thereafter to
the Co=operative Aousing Society6Condo#iniu# or any other Co##on +rganiLation when
for#ed& for the pay#ent of the share #oney& entrance fee& proportionate ta-es&
#aintenance charges and outgoings in respect of the said New 8re#ises fro# the date of
possession of the said New 8re#ises thereofJ

./0 he6she6they has not given any personal guarantee to any person or persons6%anks&
@nancial institutions or any other third party where%y his6her6their rights to dispose of the
said 'enanted 8re#ises or any part thereof #ay %e aTectedJ

.k0 he6she6they shall %e %ound %y all the rules& regulations and %ye=laws of the Society 6
Condo#iniu# 6 Co#pany that #ay %e for#ed %y the 9at holders and6or 'enant6.s0 in futureJ

.l0 he6she6they shall not create any nuisance6o%stacle and6or initiate litigation and6or
raise frivolous o%/ection during the su%sistence of this Agree#ent and fully co=operate with
the Developer in the develop#ent6redevelop#ent of said 8roperty with a view to ena%le the
Developer to co#plete the redeveloping at the earliestJ

.#0 he6she6they has undertake to handover the possession of the said 'enanted 8re#ises
the Developer in the #anner setout hereunderJ

)t is here%y agreed %etween 8arties that the Developer has agreed to allot the said New
8re#ises on ownership %asis& free of cost to the 'enant& relying on the correctness of the
several state#ents as set forth a%ove and con@r# and repeat the correctness of the sa#e,
'he 'enant6.s0 doth here%y agree to inde#nify and keep inde#ni@ed the Developer and its
successors and per#itted assigns against any clai#s& de#ands& notices& proceedings&
through and under hi#6her6their or otherwise for any tenancy& su%=tenancy or other
rights& of any nature whatsoever in respect of the said 'enanted 8re#ises and for all costs&
charges& e-penses& losses and da#ages that #ay %e incurred and6or suTered %y the
a%ove persons,

K, 'he Developer shall carry out and co#plete the redevelop#ent work of the said
8roperty and oTer possession of the said New 8re#ises along with +ccupation Certi@cate to
the 'enant6.s0 within a period of D? .'hirty0 #onths plus K .si-0 #onths grace period& fro#
the date of receipt of Co##ence#ent Certi@cate issued %y Co#petent Authority in respect
of said 8roposed Fuilding which to %e constructed on the said 8roperty, Aowever the ti#e
li#it for co#pletion shall stand auto#atically e-tended in the event of delay in co#pletion
due to following circu#stances2=

8roperty or part thereofJ

.ii0 any notice& order& rule& statutory& noti@cation of the Bovern#ent or other pu%lic&
/udicial or co#petent authority granting stay or in/unction against develop#ent6
redevelop#ent including construction there%y aTecting the construction on the said
8roperty or part thereof& then notwithstanding anything contained in these presents& the
ti#e for co#pletion of the said 8roposed Fuilding shall stand auto#atically e-tended in any
of the a%ove eventualities until such restraining order is vacated,

!, Su%/ect to force #a/eure& the redevelop#ent work of the said 8roperty is not
co#pleted within D? #onths plus K .si-0 #onths grace period& fro# the date of receipt of
Co##ence#ent Certi@cate in respect of the said 8roposed Fuilding& then the Developer
shall lia%le to pay su# of Rs, ???6= .Rupees +ne 'housand +nly 0 per day .i,e, Rs, D?&???6=
.Rupees 'hirty 'housand +nly0 per #onth& to the 'enant6.s0& till the Developer hands over
the possession of the said New 8re#ises along with +ccupation Certi@cate to the 'enant,

", Ppon co#pletion of the said 8roposed Fuilding and the Developer o%taining the
+ccupation Certi@cate in respect of the said 8roposed Fuilding& the Developer shall give
written notice to the 'enant6.s0 calling upon hi#6her to take possession of the said New
8re#ises .;0otice<0, )n that event& the 'enant6.s0 fails to take the possession of the said
New 8re#ises within a period of D? days fro# the receipt of the Notice& then the Developer
shall %e dee# to %e discharged fro# its o%ligations of handing over possession of the said
New 8re#ises to the 'enant6.s0 in the #anner setout herein and further the 'enant6.s0 shall
%e lia%le and responsi%le for all the lia%ilities and conseEuences of delay or default in taking
possession of the said New 8re#ises and further the 'enant6.s0 shall pay to the Developer
#aintenance& ta-es and other outgoings charges in respect of the said New 8re#ises fro#
the date of the Notice and the Developer shall not %e lia%le to pay the rent for te#porary
alternate acco##odation to the 'enant6.s0 fro# the date of the Notice,

4, +n the co#pletion of entire develop#ent6redevelop#ent of the said 8roperty& the
Developer shall at their sole option for# a co=operative Society6(i#ited
Co#pany6Condo#iniu# and6or any other co##on association .;t+e Altimate !ody <0 and
for that purpose the 'enant shall fro# ti#e to ti#e sign and e-ecute the application for
registration and6or #e#%ership and other papers including necessary docu#ents& for#s for
the for#ation and registration of the Plti#ate Fody and duly @ll in& sign and return to the
Developer within four days of the sa#e %eing forwarded %y the Developer to the 'enant& so
as to ena%le the Developer to register the Plti#ate Fody of the 9at purchaser of the said
8roposed Fuilding1

3?, :ithin I .four0 #onths of the Developer for#ing and registering the Plti#ate Fody&
the Con@r#ing 8arties herein shall e-ecuted a Deed of Assign#ent in respect of the said
8roperty or part thereof in favour of the Plti#ate Fody to %e for#ed of the 9at purchasers of
the said 8roposed Fuilding,

3, )t is further agreed %etween the 8arties that& if within a period of .one0 year fro# the
date the Developer hands over possession of the said New Flat to the 'enant& the 'enant
shall %ring6s to the notice of the Developer any defect in the said New Flat or in the #aterial
used therein or any unauthorised change in the construction of said 8roposed Fuilding& then&
wherever possi%le such defects or unauthorised changes shall %e recti@ed %y the Developer
at its own cost and in case& if the Developer fails to rectify such defects6unauthoriLed
changes within > days of the sa#e %eing %rought to the notice of the Developer& then the
'enant shall %e entitled to carry out the recti@cation at the costs and e-penses of the
Developer, )t is however clari@ed that the Developer shall not %e lia%le for any defects in the
said New Flat& if such defects are a result of the changes or alterations or #odi@cation
carried out %y the 'enant6.s0 in the said New Flat,

33, )t is here%y agreed %etween the 8arties that the 'enant6.s0 shall not without the prior
written per#ission of the Developer& sale& transfer or assign his6her6their tenancy rights
and6or create third party rights of whatsoever nature including #ortgage until the
possession of the said New 8re#ises constructed in the said 8roposed Fuilding is handed
over %y the Developer to the 'enant6.s0,

3D, )f the 'enant6.s0 fails to pay such #onthly contri%ution as hereina%ove& the Developer
shall %e entitled to deduct such #onthly contri%ution fro# the %alance corpus a#ount which
to %e paid %y the Developer to the Society on %ehalf of the 'enant6.s0, 'he Developer shall
not %e lia%le to #aintain separate account of such deposits received fro# the 'enant6.s0&
other tenants and 9at purchasers individually, 'he Developer shall render a consolidated
account to the Plti#ate Fody and transfer the %alance to the Plti#ate Fody after #aking all
the aforesaid deduction& as due and paya%le %y the 'enant6.s0in ter#s of this Agree#ent,

3I, 'he tenancy rights 6 clai# 6 interest of the 'enant6.s0 in the said 'enanted 8re#ises
shall stand auto#atically surrendered& upon the Developer oTering possession of the said
New 8re#ises free of cost on ownership %asis to the 'enant6.s0,

3>, )t is e-pressly agreed a#ongst the 8arties hereto that this Agree#ent shall %e @nal
and %inding upon the 8arties hereto including legal heirs and successors, Further agreed
that this Agree#ent shall supersede and override all other writings& if any& e-ecuted
%etween the 8arties hereto,

3K, 'his Agree#ent %etween the 8arties shall %e treated as non retracta%le ;no o%/ection<
and6or ;irrevoca%le consent< of the 'enant6.s0 for the redevelop#ent of the said 8roperty
and accordingly the Developer shall %e entitled to produce this Agree#ent %efore all
Co#petent Authority,

3!, 'he 'enant6.s0 declares and con@r#s that he6she6they has 6 have e-ecuted these
presents on his6her6their own free will and accord without any coercion or undue in9uence of
whatsoever nature,

3", )t is here%y agreed %etween the 8arties that the clai# of the 'enant6.s0 against the
Developer shall %e li#ited to the said New 8re#ises constructed in the said 8roposed
Fuilding and he 6she6they shall have no clai# or de#and to or share in any additional
construction that #ay at any ti#e %eco#e availa%le on the said 8roperty on any %asis
whatsoever, 'he 'enant6.s0 shall also not to de#and any #onetary or other co#pensation
on account of such %ene@t accruing on the said 8roperty, All the open spaces& unallotted
9ats6oNce6shops& car parking space and other spaces in the said 8roposed Fuilding will
re#ain the a%solute property of the Developer and if the Developer desire& #ay /oin in as
#e#%er of the Plti#ate Fody in respect of such unallotted 9ats6oNce6shops& car parking
space and other pre#ises and shall have full right a%solute power and authority to deal with
the sa#e in any #anner dee# @t and proper including sell& transfer& lease or let & for such
consideration and upon such ter#s and conditions and the Plti#ate Fody shall %e %ound to
ad#it the# as #e#%er of the Plti#ate Fody& without such purchaser %eing lia%le to pay any
pre#iu# or other e-tra pay#ent or charges to the Plti#ate Fody,

34, 'he 'enant6.s0 shall #ake& sign and e-ecute all necessary letters& declarations&
aNdavits& undertakings and other writings as #ay %e reEuired %y the Developer to %e
su%#itted to the Municipal Corporation& MAADA& and other authorities for redevelop#ent of
the said 8roperty as per#itted under the D,C, Regulations& 44,

D?, All costs& charges and e-penses of and incidental to this Agree#ent including sta#p
duty and registration charges paya%le in respect of these presents shall %e %orne and paid
%y the Developer alone,

D, Cach party shall %ear and pay the professional fees of their respective Advocates R
Solicitors,

D3, 'his Agree#ent shall %e su%/ect to the e-clusive /urisdiction of the Court at Mu#%ai,

DD, 'he 8er#anent Account Nu#%ers of the 8arties hereto are as follows2

NAME PAN N'.
DA!E!= DE#E&'PER PR!#A"E &!M!"ED
Mr. C%ANDRA=AN" NAR!DA
G%E&AN!

MR. B%ARA" NAR!DA G%E&AN! ==
MR. D!&!P NAR!!DA G%E&AN!
//////////////////////

I0 GI:0<99 G=<B<D$ the 8arties hereto have hereunto set and su%scri%ed their

($the said (roperty')

All that the piece and parcel of leasehold land ad#easuring K,! sE,#trs, or therea%out
%earing 8lot no, 43 .north0 of Dadar Matunga Cstate of Municipal Corporation of Breater
Fo#%ay and %earing Survey no, "3I .part0 corresponding to Cadastral Survey no, I"6? of
Matunga Division in the Registration District of Mu#%ai City together with tenanted %uilding
know a ;Nir%hay Niwas< co#prised of ground plus three upper 9oors standing thereon
situated at Fhauda/i Cross Road& ? +pposite .F0 ward Municipality +Nce& Ming Circles
Matunga& Mu#%ai I?? ?4 and %ounded as follows& viL,

+n or towards the North 2 %y 8lot No,"K of FMC
+n or towards the South 2 %y Road 3K Feet
+n or towards the Cast 2 %y 8lot No, 4 of FMC
+n or towards the :est 2 %y 8lot No,4D of FMC

:=< 9<D0D 9=<DAC< 7!D#< B<$<BB<D :D
($the said 0enanted (re&ises ')

Roo# no, 55555 ad#easuring 555555 sE,ft, .carpet area0 .e-cluding %alcony0 on the 55 9oor in
the said Fuilding viL,& ;Nir%hay Niwas< standing on the said 8roperty as #entioned in First
Schedule hereina%ove

:=< :=IBD 9=<DAC< 7!D#< B<$<BB<D :D
($the said Ne# (re&ises')
All that Flat ad#easuring a%out 555555555 sE,ft, carpet area .which is inclusive of area of
%alcony& 9ower %eds& deck& niche& passage& doorsill or any such area0 along with one Car
8arking Space in %ase#ent6stilt6podiu# in the said 8roposed Fuilding which to %e
constructed on the portion of the said 8roperty as #entioned in First Schedule hereina%ove,

9IE0<D 70D D<CI#<B<D 0
%y the withinna#ed Developer 0
D7IGI? D<#<CD/<B /BI#7:< CI;I:<D 0
Fy authoriLed Director6.s0 0

%y the withinna#ed the Con@r#ing 8arties 0
415 ;B1 =70DB7?70: 07B9ID79 E=<C70I 0
425 ;B1 !=7B7: 07B9ID79 E=<C70I 0
435 ;B1 DICI/ 07B9ID79 E=<C70I 0

Fy the withinna#ed 'enant6.s0 0
2222222222222222222222222222222222 0
)n the presence of U, 0

700<@AB< 7
Bent Becei*ts of t+e said :enanted /remises
700<@AB< 7"1
:ele*+one !ills of t+e said :enanted /remises
700<@AB< 7"2
<lectricity !ill of t+e said :enanted /remises
700<@AB< !
:entati%e $loor *lan of t+e said 0e. $lat
700<@AB<
Cist of 7menities *ro%ided in t+e said 0e. $lat
VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
D7:<D :=I9 D7F D$ 2013
VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV

D7IGI? D<#<CD/<B /BI#7:< CI;I:<D

,,,,,, 'he Developer

70D
;B1 =70DB7?70: 07B9ID79 E=<C70I

U the Con@r#ing 8arties

222222222222222222
U the 'enant6.s0

VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
7EB<<;<0: $DB /<B;70<0:
7C:<B07:< 7D;;DD7:ID0 VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
U*'1VCa. /oint omment2 Client to con@r# the understanding,
Zp/3[Ca. /oint omment2 Mindly con@r# whether this clause needs to %e included in this
Agree#ent as the +wners are /ust Con@r#ing 8arty to this Agree#ent, 'his shall %e covered
under the Develop#ent Agree#ent,

'A)S ABRCCMCN' is #ade and entered into at Mu#%ai this 55555 day of 55555555555 3??
FC':CCN (+MAV)DA) 8R+8CR')CS 8V', ('D,& a Co#pany incorporated under the provisions
of the Co#panies Act& 4>K having its ad#inistrative oNce at 36C& Fahadur ManLil& 3
nd
Floor&
S,A, Frelvi Road& Fort& Mu#%ai I?? ?? hereinafter referred to as 6t+e De%elo*ers8 .which
#ean and include its successors and assigns0 of the First 8art AND MR,
5555555555555555555555555 of Mu#%ai )ndian )nha%itant hereinafter referred to as 6t+e
:enant8 .which e-pression shall unless it %e repugnant to the conte-t or #eaning thereof
%e dee#ed to include his6her heirs& e-ecutors and ad#inistrators0 of the +ther 8art2

G = < B < 7 9 H

A, Fy and under an Agree#ent dated 555555555555& 3??? #ade and entered into
%etween Shri 8rithvira/ Fohra as sole proprietor of M6s, Fohra Fuilders referred to as ;the
'ransferor< therein of the +ne 8art and the Developers herein also referred to as the
Developers therein of the +ther 8art& the Developers %eca#e a%solutely entitled to the right
to develop all that piece and parcel of land ad#easuring "!!,4D sE, #trs, or therea%outs
%earing Survey No, 6""D of (ower 8arel Division and within the Registration District of
Fo#%ay City situate at N, M, Joshi Marg& Mu#%ai together with the tenanted structure known
as ;Aa/i Chawl< standing thereon and #ore particularly descri%ed in the schedule hereunder
written .hereinafter referred to as ;the said property<0 %y utilising and consu#ing in the
entire FS) that #ay %e availa%le in respect of the said property& on the ter#s and conditions
contained thereinJ

F, 'he 'enant a%ovena#ed has %een in use and occupation on tenancy %asis of Roo#
No, I ad#easuring 5555 sE, %uilt=up area on the ground 9oor of the structure known as Aa/i
Chawl standing on the said property for a #onthly rent of Rs, 55555555556= .hereinafter for the
sake of %revity referred to as ;the said tenanted pre#ises<0J

C, As per provisions of the aforesaid Agree#ent dated 555555555555& it is the sole
responsi%ility of the Developers to shift all the tenants on the said property to
transit6te#porary acco##odation prior to de#olition of the e-isting %uilding and
co##ence#ent of constructionJ

D, 'he 'enant has %y and under an Agree#ent dated 5555555555555 entered into %etween
the said Mr, 8rithvira/ Fohra& sole proprietor and M6s, Fohra Fuilders of the +ne 8art and the
'enant of the +ther 8art& agreed to handover possession of the tenanted pre#ises presently
occupied %y hi# to ena%le de#olition and reconstruction of the %uilding on the said property
and further agreed to accept a new tene#ent ad#easuring 3?? sE, ft, .%uilt=up area0 in the
#anner contained in the said Agree#entJ

C, 'he 'enant is aware that in order to ena%le the Developers to develop the said
property and6or to utilise the re#aining availa%le FS) in respect of the said property the
Developers would need the co=operation of the 'enant which the 'enant has agreed to
e-tend on the ter#s and conditions hereinafter appearing,

N+: 'ACSC 8RCSCN'S :)'NCSSC'A AND )' )S ABRCCD F7 AND FC':CCN 'AC 8AR')CS
ACRC'+ AS F+((+:S 2

, )n consideration of the 'enant having agreed to surrender his 'enancy Rights in Roo#
No, I on the ground 9oor of the structure known as Aa/i Chawl situate at N, M, Joshi Marg&
Mu#%ai on the property #ore particularly descri%ed in the Schedule hereunder written&
presently occupied %y the 'enant& the Developers agree to provide on ;ownership %asis< and
free of cost to the 'enant a self contained 9at as and %y way of per#anent alternative
acco##odation in the proposed %uilding to %e constructed and6or to %e renovated %y the
Developers on the aforesaid property .hereinafter for the sake of %revity referred to as ;the
said 9at<0,

3, 'he Developers shall construct the said 9at as per the plans that #ay %e sanctioned
%y the Municipal Corporation of Breater Fo#%ay and a#ended fro# ti#e to ti#e, 'he
Developers agree and undertake that they shall co#plete the said 9at in accordance with
this agree#ent within 55555 of their o%taining Co##ence#ent Certi@cate for construction
fro# the Municipal Corporation of Breater Fo#%ay,

D, 'he 'enant here%y declares that at present he is occupying as #onthly tenant of the
Developers the said tenanted pre#ises %earing Roo# No, I ad#easuring a%out 55555 sE, ft,
.FPA0 on the ground 9oor of the tenanted structure known as Aa/i Chawl situate at N, M,
Joshi Marg& Mu#%ai paying therefore Rs,5555556= per #onth as rent,
I, 'o ena%le the 'enant to shift fro# the said tenanted pre#ises& the 8urchasers shall at
their own cost and e-penses construct transit acco##odation as and %y way of te#porary
acco##odation for the 'enant ad#easuring appro-i#ately 555 sE, ft, in a portion of the said
property,

>, 'he 'enant here%y agrees& declares and undertakes that within 55555 fro# receiving
inti#ation fro# the 8urchasers that such transit acco##odation is ready the 'enant shall
handover Euiet& vacant and peaceful possession of the said tenanted pre#ises in his
occupation as a #onthly 'enant thereof alongwith other #e#%ers of his fa#ily& servants&
agents and their personal %elongings and shift to the transit acco##odation #ade availa%le
to hi# %y the Developers on the said property,

K, Ppon the 'enant handing over vacant possession of the said tenanted pre#ises to
the Developers as provided hereina%ove& the Developers shall %e entitled to de#olish the
tenanted structures known as Aa/i Chawl and6or carry out such
#odi@cations6alterations6additions to the said structure 6 tenanted pre#ises as #ay %e
reEuired %y the Developers and as #ay %e sanctioned %y the Municipal Corporation of
Breater Fo#%ay& and the 'enant here%y gives his consent and authority to the Developers to
do the sa#e,

!, During the ti#e the 'enant will %e occupying the transit acco##odation he will
continue to pay the sa#e #onthly rent including ta-es to the Developers which he is now
paying in respect of the said tenanted pre#ises in the tenanted structure Aa/i Chawl, )n
addition thereto& the 'enant shall also %ear and pay the charges for electricity and water
consu#ed %y hi# in the transit acco##odation,

", 'he tenancy rights of the 'enant in respect of the said tenanted pre#ises shall
continue to e-ist until the 'enant is put in possession of the said 9at in the proposed new
%uilding as and %y way of per#anent alternative acco##odation in lieu of the said tenanted
pre#ises and his e-isting tenancy rights therein shall %e dee#ed to have %een surrendered
si#ultaneously on possession of the said 9at,

4, Su%/ect to availa%ility of ce#ent and steel the Developers agree and undertake to
handover possession to the 'enant& free of cost and on ownership %asis a self contained 9at
as per#anent alternate acco##odation on the said property within a period of 55 #onths
fro# the date of the Developers taking possession of the said tenanted pre#ises fro# the
'enant as agreed upon,

?, 'he 'enant undertakes that within 5555 of the inti#ation received fro# the
Developers that the said 9at is ready for occupation& he shall vacate the transit
acco##odation given to hi# as aforesaid and shift to the said 9at allotted to hi#, Aowever&
if 'enant delays in vacating the transit acco##odation and shifting to the said 9at within the
stipulated period #entioned hereina%ove then the Developers shall %e at li%erty to allot&
dispose of and sell the said 9at to such person at such price as the Developers #ay in their
a%solute discretion think @t and the 'enant shall not have or #ake any clai# or de#and
thereto,

, )t is e-pressly agreed understood and con@r#ed %etween the parties hereto that the
'enant shall not %e handed over possession of the said 9at %y way of per#anent alternate
acco##odation& until and unless he vacates and re#oves hi#self& his fa#ily #e#%ers&
servants& articles and %elongings fro# the transit acco##odation and hands over the Euiet&
vacant and peaceful possession of the sa#e to the Developers,

3, 'he Developers agree that the said 9at to %e provided to the 'enant as per#anent
alternate acco##odation shall %e ad#easuring D?? sE, ft, on the 555 9oor of the proposed
new %uilding to %e constructed and6or to %e renovated on the said property and that the said
9at shall %e eEuipped with general facilities and a#enities a list of which is anne-ed hereto
and #arked as Anne-ure ;A<,

D, 'he 'enant here%y declares and states that he alongwith his fa#ily #e#%ers is in
e-clusive use& occupation and possession of the said tenanted pre#ises at present& and no
one e-cept hi#self has any right& title or interest of any nature whatsoever in the said
tenanted pre#ises or any part thereof and that he has not created any third party right
therein or parted with possession of the sa#e to any third party& or created any charge or
encu#%rance of any nature whatsoever therein, Relying on the aforesaid representations
#ade %y the 'enant& the Developers have agreed to provide to the 'enant the said
per#anent alternate acco##odation on ownership %asis in the new %uilding,

I, 'he 'enant agrees and undertakes to e-tent all his co=operation to the Developers to
ena%le the Developers to develop the said property in whatever #anner the Developers #ay
dee# @t and proper and also to %ear all reasona%le inconvenience that #ight %e caused to
hi# during the construction work,

>, 'he 'enant agrees and undertakes not to create any o%stacles and6or hinderance in
the develop#ent work of the said property %y the Developers and also to ensure that no
person or persons either clai#ing %y through or under the 'enant or otherwise causes any
such o%stacles to the Developers, )n such a circu#stances such person shall %e e-clusively
lia%le for his6her act6s,

K, )t is agreed that if the 'enant or any other person either clai#ing %y through under
the 'enant or otherwise creates any o%stacles of any nature to the Developers and as a
result thereof if the develop#ent work or the construction work of the new pre#ises in held
up& the ti#e lost therein shall %e included in the period of 555 #onths as #entioned
hereina%ove and the Developers shall also %e entitled to recover all the costs& charges&
e-penses and da#ages that #ight %e sustained %y the Developers on account of the said
o%stacles fro# the 'enant,

!, During the period of construction& the 'enant shall not under any circu#stances&
create charge& transfer& alienate& assign or dispose oT in any #anner& his tenancy rights in
the said tenanted pre#ises and6or his rights in respect of the said 9at in the proposed new
%uilding to %e allotted to hi# and further undertakes that the said 9at shall %e used %y hi#
for his own residential purposes only,

", 'he 'enant here%y undertakes to pay his share of all e-penses and ta-es like
#aintenance& ta-es of the Municipal Corporation of Breater Fo#%ay and other outgoings
etc, in respect of the said 9at which shall %e allotted to hi# in the new %uilding fro# the
date of possession thereof,

4, 'he 'enant here%y agrees to sign and e-ecute the usual agree#ent as provided
under the Maharashtra +wnership Flats .Rules R Regulation0 Act& if reEuired %y the
Developers& and also agrees to %eco#e a #e#%er of the Society6 Condo#iniu#6Fody
Corporate or any other association of the allottees69at purchasers of the new %uilding and
pay the necessary entrance fee& share #oney and #aintenance deposits etc, and a%ide %y
the %ye=laws& rules and regulations fra#ed and6or adopted %y the
society6condo#iniu#6%ody corporate fro# ti#e to ti#e,

3?, 'he 'enantGs only right hereunder is to the allot#ent of the said 9at %y way of
per#anent alternate acco##odation on ownership %asis as stated hereina%ove& and to take
possession thereof in the new %uilding %eing constructed as aforesaid,

3, 'he 'enant here%y agrees to inde#nify and keep inde#ni@ed the Developers their
respective heirs& e-ecutors& ad#inistrators and assigns against any clai#s& de#ands&
or party clai#ing %y& through and under hi# or otherwise for any tenancy& su%=tenancy
or other rights& of any nature whatsoever in respect of the said tenanted pre#ises and for
all costs& charges& e-penses& losses and da#ages that #ay %e incurred and6or suTered %y
the a%ove persons,

33, 'he 'enant here%y e-pressly declares and con@r#s that he has e-ecuted these
presents of his own free accord and will and without any coercion or undue in9uence of

3D, 'he sta#p duty and registration charges paya%le on these presents& if any and on
%e e-ecuted in pursuance thereof& shall %e %orne and paid %y the 5555555555 alone,

)N :)'NCSS :ACRC+F the parties hereto and to a duplicate hereof have hereunto set and
su%scri%ed their respective hands and seals on the day and year @rst hereina%ove written,


A(( 'AA' piece or parcel of land or ground together with structure standing thereon situate&
lying and %eing at Delisle Road& in the )sland of Fo#%ay& at D"=A& N, M, Joshi Marg& %earing C,
S, No, 6"DD& of B6S :ard containing %y ad#easure#ent ?>? sE, yds, or therea%outs and
%ounded as follows 2

+n or towards the Cast %y 2 'ulsi 55555 RoadJ
+n or towards the :est %y 2 8lot No, D and IJ
+n or towards the North %y 2 8lot No, J
+n or towards the South %y 2 8lot No, "
(+MAV)DA) 8R+8CR')CS 8V', ('D, 0
through the hands of its duly authorised 0
Director Mr, 555555555555555555555 0

5555555555555555555555 0


(+MAV)DA) 8R+8CR')CS 8V', ('D,
U, Developers

'+

555555555555555555555
U 'enant

A B R C C M C N '

:=I9 7EB<<;<0: $DB /<B;70<0: 7C:<B07:< 7D;;DD7:ID0 #ade at Mu#%ai
this 5555 day of $ebruary in the Christian 7ear 'wo 'housand Seven .3??!0
FC':CCN !=7B7: I09AC7:ID0 D;/70F 4I0DI75 C:D1 4for#erly known as ;Jyoti :ire
)ndustries (td,<0& a Co#pany incorporated under the provisions of the Co#panies Act& 4>K
and having its registered oNce at F=D3& :agle )ndustrial Cstate& Road No, "& 'hane I??K?I&
hereinafter referred to as 6t+e D.ners8 .which e-pression shall unless it %e repugnant to
the conte-t or #eaning thereof %e dee#ed to #ean and include its successors and assigns0
of the +NC 8AR' AND ;essers EBI=C7@;I :B7DI0E N =DCDI0E9 /BI#7:< CI;I:<D a
Co#pany incorporated under the provisions of the Co#panies Act& 4>K and having its
registered oNce at 3?D& Standard Aouse& "D& $ueens Road& Mu#%ai Y I?? ??3 hereinafter
referred to as 6t+e Anit =older8 .which e-pression shall unless it %e repugnant to the
conte-t or #eaning thereof %e dee#ed to #ean and include its successors and assigns0 of
the +'ACR 8AR'2

G = ? sE, yds, .eEuivalent to K334 sE, #trs,0 as per 8roperty Register Card
K3>"," sE, #trs, %earing Survey No, =D .pt0 corresponding C'S No, "II63> of Village
A#%ivali in the Registration Su%=District of Fandra& Registration District Fo#%ay Su%ur%an
situate lying and %eing at +T, Veera Desai Road& Andheri together with %uildings6structures
standing thereon and #ore particularly descri%ed in the First Schedule hereunder written
.hereinafter referred to as Othe said propertyO0J

F, )n or a%out 4"!& the +wners have constructed 3 .two0 %uildings6structures on the
said property na#ely& one %uilding known as ;Jyoti :ire Aouse< consisting of industrial
units6galas on a portion of the said property on front side and another %uilding known as ;F<
co#prising of industrial6factory shed on a portion of the said property on the rear side
ad#easuring 33?? sE, #trs, or therea%outs, 'he said ;F< %uilding is in the e-clusive use&
occupation and possession of the +wners and the said %uilding ;Jyoti :ire Aouse< is .save
and e-cept area ad#easuring 3K,?" sE, #trs,0 occupied %y various Pnit6Bala holders which
units6galas have %een allotted %y the +wner to the units6galas holders on ownership %asis
under the provisions of Maharashtra +wnership of Flats Act& 4KD,

C, Fy and under an Articles of Agree#ent dated !
th
August& 443 #ade %etween the
+wners .then known as ;Jyoti :ire )ndustries 8vt, (td,<0 therein referred to as the 8ro#oter
of the +ne 8art and the Pnit Aolder therein referred to as the 8urchaser of the +ther 8art the
+wners have sold to the Pnit Aolder a unit %eing Bala6Pnit No, 3 ad#easuring DDK sE, ft,
.%uilt up area i,e, D,DD carpet area0 on the second 9oor of the said %uilding ;Jyoti :ire
Aouse< standing on the said property at or for the consideration and upon ter#s and
conditions contained therein .hereinafter referred to as Othe e-isting Pnit< and #ore
particularly descri%ed in the Second Schedule hereunder written0, 'he Pnit holder is in use&
occupation and possession of the said e-isting Pnit,

Chether two separate buildings or one single building is propsed
D, 'he +wners are desirous of developing the said property in phased #anner which
involves de#olishing @rstly of the said ;F< %uilding standing on the said property and
constructing a new %uilding6s thereon .hereinafter referred to as the ;First Fuilding6:ing<0
%y utilising and consu#ing the entire FS) and 'DR FS) that #ay %e availa%le in respect of the
said property in accordance with plans and speci@cations sanctioned and approved %y the
Municipal Corporation of Breater Mu#%ai, After the co#pletion of the construction of the
said First Fuilding6:ing& then the said %uilding ;Jyoti :ire Aouse< will %e de#olished and a
new Fuilding66:ing will %e constructed thereon .hereinafter referred to as the ;Second
Fuilding6:ing<0 %y utilising and consu#ing the entire FS) and 'DR FS) that #ay %e then
availa%le in respect of the said property in accordance with plans and speci@cations
sanctioned and approved %y the Municipal Corporation of Breater Mu#%ai,

C, For the purpose of redeveloping the entire said property& all the e-isting
%uildings6structures standing on the said property are reEuired to %e de#olished, 'he
+wners are therefore negotiating with the various Bala6Pnit holders in the said %uilding
;Jyoti :ire Aouse< %y oTering the# per#anent alternate acco##odation in the new
%uilding to %e constructed %y the +wners on portion of the said property on which the said
%uilding ;F< is e-isting i, e, the First Fuilding6First :ing& in lieu of their e-isting Pnits in said
%uilding ;Jyoti :ire Aouse<,

F, 8ursuant to negotiations %etween the +wners and the Pnit Aolder& the +wners have
agreed to provide per#anent alternative acco##odation to the Pnit Aolder& free of cost& on
ownership %asis& a Pnit of eEuivalent carpet area as that of the e-isting Pnit on the 5555 9oor
in the proposed new %uilding i,e, the First Fuilding6First :ing to %e known as ;5555555555< as
and %y way of per#anent alternative acco##odation .hereinafter referred to as Othe said
new Pnit<0 in lieu of the Pnit Aolder surrendering all its right& title and interest and %ene@ts
in respect of the e-isting Pnit under the a%ove recited Articles of Agree#ent dated
!
th
August& 443 in the #anner set out hereunder& and the Pnit Aolder has agreed to accept
the sa#e on the ter#s and conditions hereinafter set out,

:=< /7B:I<9 =<B<:D 79 $DCCDG9 H


3, 'he +wners shall develop the said property descri%ed in the First Schedule
hereunder written& %y de#olishing the e-isting factory shed %uilding known as ;F< standing
on the said property and constructing new %uilding thereon in accordance with the plans
approved and sanctioned %y the Municipal Corporation of Breater Mu#%ai .M,C,B,M0,

D, 'he Pnit Aolder has agreed to surrender all its right& title& interest and %ene@ts in
respect of the e-isting Pnit under the a%ove recited Articles of Agree#ent dated !
th
August&
443 in the e-isting Pnit in favour of the +wners and Euit& vacate and deliver vacant and
peaceful possession of Bala6Pnit No, 3 ad#easuring DDK sE, ft, .%uilt up area i,e, D,DD
carpet area0 on the second 9oor of the said %uilding ;Jyoti :ire Aouse< standing on the said
property .hereinafter referred to as ;the e-isting Pnit<0 to the +wners& and in lieu thereof&
the +wners have agreed to grant and allot to the Pnit Aolder on ;ownership< %asis& free of
cost& a self contained Pnit of D,DD sE, ft, carpet area .eEuivalent to the area of the
e-isting Pnit0 on 5555 9oor in the proposed new %uilding to %e constructed on the said
property and to %e known as ;55555555555555< .hereinafter referred to as ;the said new
Pnit<0, 'he +wners shall provide a#enities in the said new Pnit as #entioned in 7nnexure
6D8 hereto, )t is however& further e-pressly agreed that the +wners have agreed to allot the
said new Pnit on the e-press undertaking and assurance of the Pnit Aolder that they shall
co=operate and co#ply with all the ter#s of this agree#ent& without causing any
o%struction6 hindrance of whatsoever nature to the ti#ely co#pletion of the develop#ent of
the said property as envisaged herein,

(lient to confirm

I, 'he Pnit Aolder have agreed to accept the said new Pnit as per#anent alternative
acco##odation free of costs in lieu of its e-isting Pnit %y surrendering& releasing and
relinEuishing all their right& title& interest and %ene@ts in respect of the e-isting Pnit under
the a%ove recited Articles of Agree#ent dated !
th
August& 443 in favour of the +wners,

>, )t is agreed that upon co#pletion of construction of the proposed said First
Fuilding6:ing and upon receipt of +ccupation Certi@cate for the sa#e& the +wners shall
proceed to o%tain vacant possession of the said e-isting Pnit presently in the Pnit AolderGs
use and occupation& against the +wners providing to the Pnit Aolder the said new Pnit
agreed to %e allotted to hi# under this Agree#ent, 'he Flat 8urchaser6s shall take
possession of the said new Pnit within > .@fteen0 days of the +wner giving written notice to
the Pnit Aolder inti#ating that the said new Pnit is ready for use and occupation, Ppon the
Pnit Aolder taking possession of new unit or upon e-piry of > days fro# the date of
aforesaid inti#ation as the case #ay %e& the Pnit Aolder shall auto#atically dee#ed to have
surrendered all its right& title and interest in the e-isting unit in favour of the +wners without
any further writings,

K, :ithin > days of the written inti#ation fro# the +wners to the Pnit Aolder that the
said new Pnit is ready for occupation& the Pnit Aolder shall re#ove itself& their agents&
servants along with their furniture& @-tures and all assets fro# the said e-isting Pnit and
deliver Euiet& vacant and peaceful possession thereof to the +wners and take possession of
the said new Pnit provided to the Pnit Aolder,

!, 'he Pnit Aolder here%y gives his irrevoca%le consent and authority to the +wners to
reconstruct the said %uilding ;Jyoti :ire Aouse< and agrees and undertakes to e-ecute such
deeds& docu#ents and6or writings as #ay %e reEuired %y any authority6authorities and give
no o%/ection for the purpose whenever reEuired,

", Ppon the Pnit Aolder delivering vacant and peaceful possession of the said e-isting
Pnit in the %uilding ;Jyoti :ire Aouse< to the +wners& the +wners shall de#olish the said
%uilding and co##ence the work of construction of the proposed Second Fuilding6:ing
thereon,

4, 'he Pnit Aolder declares that they are the only person entitled to the said e-isting
Pnit and that are entitled to enter into this agree#ent and that save and e-cept the# no
other person has any share right& title& interest& clai# or de#and or %ene@t or advantage of
any nature whatsoever in to or upon the said e-isting Pnit or any part of portion thereof
including %y way of sale& e-change& 'enancy& su%=tenancy& (eave and (icense& inheritance&
caretaker& lease su%=lease etc, and shall inde#nify and keep inde#ni@ed the +wners fro#
and against clai#s received fro# any third party including any fa#ily #e#%er and6or
relatives of the Pnit Aolder,

(lient to (onfirm

?, 'he +wners shall carry out and co#plete the work of construction of the proposed
said First Fuilding6:ing and give possession of the said new Pnit agreed to %e allotted to the
Pnit Aolder within a period of 5555 #onths fro# the date of issue of Co##ence#ent
Certi@cate for the proposed said First Fuilding6:ing %y the Municipal Corporation of Breater
Mu#%ai su%/ect to force #a/eure, )f any Pnit Aolder cause any hurdle6o%stacle or
i#pedi#ent6litigation or raises any o%/ection on ground of inconvenience& nuisance& or
otherwise which #ay delay the construction& the Developers shall have corresponding
e-tension of ti#e %eyond the period of 5555555 #onths for co#pleting the construction work
referred to hereina%ove,

, 'he Pnit Aolder shall also pay to the +wners at the ti#e of taking possession of the
said new Pnit& the following a#ounts& viL, 2

#e#%ership in the Co=operative Society to %e for#ed of all Pnit68re#ises purchasers in the
proposed new Fuilding6sJ

:ater Charges& and the Maintenance Charges of the new Pnit agreed to %e allotted to the
Pnit Aolder& till the Co=operative Aousing Society or other Association of pre#ises
purchasers is for#ed and registered %eing calculated provisionally for 3 #onthsJ

Co#pany as deposit for electric #eter to %e @-ed for the new tene#entJ

.d0 Rs,55555555555 6= .Rupees 5555555555555555555555555 only0 towards security deposit for
water and electric connections& and

.e0 'he #onthly contri%utions .every #onth0 towards the accruing outgoings of the said
Pnit68re#ises=purchasers in the said Fuilding6s or the +wner or the Co=operative
Society6Co##on +rganisation got registered in respect of the said property to %e ad/usted
%y the +wners fro# provisional Deposit #aintained in Clause .%0 a%ove,

3, )f the Pnit Aolder fails to pay such #onthly contri%ution as speci@ed in Clause ".e0
hereina%ove& the +wners shall %e entitled to recover such contri%ution due fro# the Pnit
Aolder out of and fro# the aforesaid deposit #entioned in Clause ".%0 a%ove, Further& if the
Pnit Aolder fails to pay towards his share6contri%ution of deposits to Municipal Corporation of
Breater Mu#%ai for water connection and6or to Reliance Cnergy (td, for providing electricity
#eter in the said new Pnit& the +wners shall %e entitled to pay the sa#e fro# the said
deposit under clause ".%0 a%ove, 'he +wners shall not %e lia%le to #aintain separate
account of such deposits received fro# the Pnit Aolder and other Pnit Aolders and
Pnit68re#ises purchasers individually, 'he +wners shall render a consolidated account to the
Co=operative Society or other Association of the Pnit68re#ises holders got registered in
respect of the said property and transfer the %alance& if any after #aking proper deductions
to such Society6Association6Co##on +rganisation and if there is any de@cit in the a#ounts
collected fro# the Pnit Aolder& the Pnit Aolder shall forthwith on de#and pay the sa#e to
+wners,

D, 'he rights of the Pnit Aolder in the said e-isting Pnit shall stand auto#atically
surrendered& upon the +wners oTering possession of the said new Pnit to the Pnit Aolder
without reEuiring any further writing or act,

I, Ppon handing over possession of the said new Pnit to the Pnit Aolder& the +wners
and the Pnit Aolder shall also e-ecute and register a proper Agree#ent drawn in accordance
with the provisions of the Maharashtra +wnership Flats Act& 4KD which shall contain all the
usual ter#s and conditions including the condition that the Pnit Aolder shall /oin in the
for#ation and registration of a Co=operative Society or such other Co##on +rganisation as
#ay %e for#ed of all the Pnit68re#ises purchasers in the proposed new %uilding6s and shall
a%ide %y the %ye=laws& rules and regulations fra#ed6adopted %y the said society6 association
and shall pay all the periodical contri%utions to the society6association including watch#enGs
and sweeperGs charges etc, as #ay %e decided %y the said society6association, Further
sta#p duty and registration fees paya%le on such Agree#ent shall %e %orne and paid %y the
Pnit Aolder alone,

>, 'he Pnit Aolder on taking possession of the said new Pnit shall hold the sa#e as
HownerG thereof& as if he had acEuired the sa#e on HownershipG %asis for valua%le
consideration fro# the +wners in pursuance of the provisions of Maharashtra +wnership
Flats Act 4KD, 'he Pnit Aolder shall Y

.a0 pay the #onthly contri%ution due in respect of the per#anent alternate
acco##odation i,e, the said new Pnit to the +wners or to the Co=operative
Society6Association6Co##on +rganisation #anaging the sa#e property co#prising of the
#unicipal property ta-es paya%le in respect thereof& and a proportionate share of all other
outgoings as #ay %e @-ed fro# ti#e to ti#e %y the +wners or the persons in charge and
#anage#ent of the said new %uilding6s and6or such SocietyJ

.%0 along with acEuirers of other Pnit68re#ises in the said new %uilding6s for# and get
+rganisation co#prising of such pre#ises=purchasers and enroll the#selves as a #e#%er

K, 'he Pnit Aolder shall continue to pay the #onthly contri%ution due in respect of the
said e-isting Pnit to the +wners6Association #anaging the said property co#prising of the
#unicipal property ta-es paya%le in respect thereof& and a proportionate share of all other
outgoings as #ay %e @-ed fro# ti#e to ti#e %y the +wners or the persons in charge and
#anage#ent of the said %uilding ;Jyoti :ire Aouse< until the Pnit Aolder is put in possession
of the said new Pnit,

(lient to confirm whether any 5ortgage has been created against the eDisting 9nit

!, 'he Pnit Aolder shall not under any circu#stances transfer or assign their right& title&
interest and %ene@ts in respect of the e-isting Pnit under the said Articles of Agree#ent
dated !
th
August& 443 or create any third party right of whatsoever nature in the said
e-isting Pnit and6or their rights in respect of the said new Pnit %y virtue of these presents&
during the entire period of develop#ent without prior written consent of the +wners,

+R
'he Pnit Aolder has represented to the +wners that it has created an eEuita%le
#ortgage against the said e-isting Pnit in favour of 555555555 Fank, 'he Pnit Aolder here%y
agrees with the +wners that it shall procure and su%#it to the +wners %efore taking
possession of the said new Pnit& a No +%/ection Certi@cate of the said Fank certifying that
the Fank has no o%/ection to the Pnit Aolder surrendering its right& title and interest in the
said e-isting Pnit in lieu of para#eter alternate acco##odation i, e the said new Pnit&,

", 'he Pnit Aolder agrees and covenants with the +wners that the said new Pnit shall
%e used %y it for +Nce purposes only,

4, )t is here%y agreed %y and %etween the parties hereto that the +wner shall %e
the Pnit Aolder shall not %e entitled to raise any o%/ection to the sa#e provided such
a#end#ents does not pre/udice the rights of the Pnit Aolder under this Agree#ent including
the right of the Pnit Aolder to en/oy light& air and ventilation,

3?, )f for any reason& other Pnit Aolders in the said property or any of the# fails to enter
into Agree#ent with the +wners settling #atters as herein set out& or if after entering into
such Agree#ents& the Pnit Aolder or any of the Pnit Aolders of the said property fail to
deliver vacant and peaceful possession of the Pnits in his6her6their occupation& then and in
such event the +wners #ay entirely at their option& rescind this Agree#ent %y giving @fteen
days notice in writing to the Pnit Aolder, )n the event of the +wners rescinding this
Agree#ent& the Pnit Aolder shall %e entitled to all their right& title& interest and %ene@ts in
respect of the e-isting Pnit under the said Articles of Agree#ent dated !
th
August& 443 and
continue to occupy the said e-isting Pnit and neither party shall %e entitled to enforce
speci@c perfor#ance of this Agree#ent,

3, 'his Agree#ent %etween the parties shall %e treated as HNo +%/ectionG fro# the Pnit
Aolder for the re=develop#ent of the said property& as per the plan that #ay %e sanctioned
%y the MCBM %y using and consu#ing the entire availa%le FS) and the 'DR in respect of the
said property and accordingly the +wners shall %e entitled to produce this agree#ent %efore
all concerned authorities,

33, )t is further agreed %etween the parties hereto that the clai# of the Pnit Aolder
against the +wners shall %e li#ited to the per#anent alternate acco##odation i,e, the said
new Pnit agreed to %e granted to the# in the proposed said First Fuilding6:ing and the
%ene@t6right to use6avail of the co##on facilities6areas therein& and they shall have no clai#
or de#and to or share in any additional construction that #ay at any ti#e %eco#e availa%le
on the said property on any %asis whatsoever upto the date of transfer %y way of vesting of
the said property in favour of the Co=operative Society of Pnit68re#ises purchasers6Co##on
+rganisation in the said new %uilding6s 8rovided such transfer and conveyance of the
freehold land and newly constructed %uilding is e-ecuted within si- #onths fro# the grant of
+ccupation Certi@cate,

3D, 'he Pnit Aolder shall #ake sign and e-ecute all necessary letters& declarations&
undertakings and other writings as #ay %e reEuired %y the +wners to %e su%#itted to the
Municipal Corporation& and other authorities for redevelop#ent of the said property as

3I, 'he Pnit Aolder here%y e-pressly declares and con@r#s that they have e-ecuted
these presents on their own free accord and will and without any coercion or undue
in9uence of whatsoever nature or act upon hi#,

(lient to (onfirm

3>, 'he sta#p duty and registration charges paya%le on these presents& if any and on
%e e-ecuted in pursuance thereof& shall %e %orne and paid %y the Pnit Aolder alone,


(description of the said property)
All that piece or parcel of land or ground of non=agricultural tenure %eing 8lot No, 3D=A
ad#easuring !I>? sE, yds, .eEuivalent to K334 sE, #trs,0 as per 8roperty Register Card
K3>"," sE, #trs, %earing Survey No, =D .pt0 corresponding C'S No, "II63> of Village
A#%ivali in the Registration Su%=District of Fandra& Registration District Fo#%ay Su%ur%an
situate lying and %eing at +T, Veera Desai Road& Andheri and %ounded as follows2
+n or towards the North 2 %y 8lot No, 3D&
+n or towards the South 2 %y 8lot Nos, D? and D&
+n or towards the Cast 2 %y proposed II feet wide road& and
+n or towards the :est 2 %y 8lot No, 33A,

(description of the said e0istin# 1nit)
Bala6Pnit No, 3 ad#easuring DDK sE, ft, .%uilt up area i,e, D,DD carpet area0 on the
second 9oor of the said %uilding ;Jyoti :ire Aouse< standing on 8lot No, 3D=A ad#easuring
!I>? sE, yds, .eEuivalent to K334 sE, #trs,0 as per 8roperty Register Card K3>"," sE, #trs,
%earing Survey No, =D .pt0 corresponding C'S No, "II63> of Village A#%ivali in the
Registration Su%=District of Fandra& Registration District Fo#%ay Su%ur%an situate lying and
%eing at +T, Veera Desai Road& Andheri,

!=7B7: I09AC7:ID0 D;/70F 5
4I0DI75 C:D1> for#erly known as 0
;Jyoti :ire )ndustries (td, 5
through Authorised Director 0
Shri 55555555555555555 0

%y the withinna#ed Pnit Aolder 0
EBI=C7@;I :B7DI0E N =DCDI0E9 5
/BI#7:< CI;I:<D 0

700<@AB< R 678
9/<I$I7:ID0 70D 7;<0I:I<9
D7:<D :=I9 D7F D$ 2007

!=7B7: I09AC7:ID0 D;/70F 4I0DI75 C:D1 U the
+wners

AND

BR)A(AQM) 'RAD)NB R A+(D)NBS 8V', ('D,
U Pnit Aolder

7EB<<;<0:
VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV

97;IB 970E=7#I N D1
463& Aa#a# Street&

7B:IC<9 D$ 7EB<<;<0: #ade and entered into at Mu#%ai this 4
th
day of Dece#%er
3??3 %etween DB1 9=79=70? #7970: 7G797B< alias 9=79=I #7970: 7G797B< of
Mu#%ai )ndian )nha%itant residing at Mashi%ai Aospital& S,V, Road& SantacruL .:est0&
Mu#%ai I?? ?>I hereinafter referred to as 6t+e D.ner8 .which e-pression shall unless it
%e repugnant to the conte-t or #eaning thereof %e dee#ed to #ean and include his heirs&
e-ecutors and ad#inistrators0 of the +ne 8art and ;B91 B7JAC 97;IB 970E=7#I of
Mu#%ai )ndian )nha%itant having address at Roo# No, 6D& Sunder Villa& S, V, Road&
SantacruL .:est0& Mu#%ai I?? ?>I hereinafter referred as 6t+e :enant8 .which
#ean and include her heirs& e-ecutors& ad#inistrators and assigns0 of the +ther 8art2

G = I,D sE, #trs, and C'S No, B6"I ad#easuring
D!4,K sE, #trs, aggregating to "I,4 sE, #trs, .according to C'S records0 and Final 8lot No,
4 of '8S No, 3 SantacruL situate at S, V, Road& SantacruL .:est0& Mu#%ai I?? ?>I #ore
particularly descri%ed in the Schedule hereunder written .hereinafter referred to as ;the said
property<0J

F, Fy virtue of a 'enancy Agree#ent dated D?
th
January& 3??3& duly registered at the
+Nce of the Su%=Registrar of Assurances at Fandra under Serial No, "? of 3??3& the 'enant
%eca#e a #onthly tenant of the +wner in respect of Roo# No,D ad#easuring D?? sE, ft,
carpet area in the +uthouse on the ground 9oor of the %uilding known as ;Sunder Villa<
standing on the said property and is paying a #onthly rent of Rs,>?6= to the +wnerJ

C, Fy virtue of another 'enancy Agree#ent dated D
th
Fe%ruary& 3??3& duly registered at
the +Nce of the Su%=Registrar of Assurances at Fandra under Serial No, 4?? of 3??3& the
'enant %eca#e a #onthly tenant of the +wner in respect of Roo# No, and Roo# No, 3
ad#easuring K?? sE, ft, carpet area in the aggregate in the +uthouse on the ground 9oor of
the %uilding known as ;Sunder Villa< standing on the said property and is paying a #onthly
rent of Rs,>?6= to the +wnerJ

D, 'he a%ove#entioned Roo# Nos, & 3 and D ad#easuring 4?? sE, ft, carpet area in
the aggregate are hereinafter for the sake of %revity collectively referred to ;the said
tenanted pre#ises<, Copies of the rent receipts of the 'enant are anne-ed hereto and
collectively #arked as 7nnexure 678J

C, 'he +wner is desirous of redeveloping the said property and proposes to enter into a
Develop#ent Agree#ent with M6s, M, (, Fuilder& %eing %uilders and developers& for
redevelop#ent of the said property %y de#olishing the e-isting structures standing on the
said property and constructing a new %uilding6s thereon in accordance with plans and
speci@cations that #ay %e sanctioned and approved %y the Municipal Corporation of Breater
Mu#%ai, 'he +wner shall %e retaining 3>W of the FS) relating to the said propertyJ

F, 8ursuant to discussions %etween the parties hereto& the 'enant has agreed to
surrender her tenancy rights in the said tenanted pre#ises in lieu of %eing provided free of
cost and on ownership %asis a 9at of eEuivalent area in the proposed new %uilding to %e
constructed %y the +wner on the said property as per#anent alternative acco##odationJ

B, 'he 'enant has reEuested the +wner to provide to her additional area ad#easuring
">? sE, ft, carpet area in the per#anent alternative acco##odation to %e provided to her
%y the +wner and for which the 'enant have agreed to pay a lu#psu# consideration of
Rs,K&??&???6= .Rupees Si-teen (acs only0, 'he +wner has agreed to provide the 'enant
with such additional area in the 9at to %e provided to the 'enant as per#anent alternate
acco##odation and the ter#s and conditions #utually agreed %etween the parties hereto
are as hereinafter appearing,

/7B:I<9 =<B<:D 79 $DCCDG9H

, )n consideration of the 'enant having agreed to surrender her tenancy rights in the
said tenanted pre#ises %eing Roo# Nos, & 3 and D on the ground 9oor of the outhouse
standing on the property and in consideration of the 'enant agreeing to pay lu#psu#
consideration of Rs,K&??&??? 6= .Rupees Si-teen (acs only0 in respect of the additional area
agreed to %e provided %y the +wner to the 'enant as hereinafter provided& the +wner agrees
to provide on ;ownership %asis< and free of cost to the 'enant a self contained 9at as and %y
way of per#anent alternative acco##odation %eing !>? sE, ft, FS) on the
st
9oor .front
side0 of the proposed %uilding to %e constructed %y the +wner on the said property
.hereinafter for the sake of %revity referred to as ;the said 9at<0,

3, 'he 'enant has& on or %efore the e-ecution of these presents& paid a su# of
Rs,K&??&???6= .Rupees Si- (acs only0 to the +wner .receipt whereof the +wner doth here%y
ad#it and acknowledge0 and the %alance consideration of Rs,?&??&???6= .Rupees 'en (acs
only0 shall %e paid %y the 'enant to the +wner at the ti#e of the 'enant %eing handed over
possession of the said 9at& duly co#pleted in all respects,

D, 'he +wner undertakes to infor# the Developer regarding this Agree#ent %eing
entered into %etween hi#self and the 'enant and shall also direct and authorise the
Developer to directly hand over possession of the duly co#pleted said 9at to the 'enant,

I, 'he +wner further agrees and con@r#s that the said 9at agreed to %e provided to the
'enant as per#anent alternate acco##odation shall %e provided %y the +wner out of the
3>W FS) to %e retained %y the +wner under the proposed Develop#ent Agree#ent
%etween the +wner and the Developer,

>, 'he +wner shall construct the said 9at as per the plans that #ay %e sanctioned %y
the FMC and a#ended fro# ti#e to ti#e, )##ediately upon the %uilding plans of the
proposed new %uilding %eing @nalised %etween the +wner and the Developer& the +wner
shall give the @rst option to the 'enant to select the location of the said 9at on the
st
9oor of
the new %uilding, 'he a#enities to %e provided to the 'enant in the said 9at shall %e si#ilar
to the a#enities that shall %e provided %y the Developer to other 9at purchasers in the new
%uilding,

K, Si#ultaneously with the e-ecution of these presents& the 'enant shall handover
Euiet& vacant and peaceful possession of the said tenanted pre#ises after re#oving herself&
her servants and personal %elongings, )t shall %e the sole responsi%ility of the 'enant to
#ake arrange#ents for her te#porary alternate acco##odation during the period of
construction and the +wner shall not %e lia%le for the sa#e and6or the costs and e-penses
thereof,

!, Ppon the 'enant handing over vacant possession of the said tenanted pre#ises to
the +wner as provided hereina%ove& the +wner shall %e entitled to de#olish the said
tenanted pre#ises and proceed with the construction of the new %uilding on the said
property& and the 'enant here%y gives her consent and authority to the +wner to de#olish
the e-isting outhouse standing on the said property,

", )t is clearly agreed that the tenancy rights of the 'enant in respect of the said
tenanted pre#ises shall continue to su%sist till the 'enant is put in possession of the said
per#anent alternative acco##odation i,e, the said 9at& on ownership %asis,

4, 'he +wner shall co#plete construction of the proposed new %uilding on the said
property and oTer possession of the said 9at in the new %uilding to the 'enant as provided
in clause hereina%ove within a period of 3I #onths fro# the date of co##ence#ent of
construction of the new %uilding& su%/ect to force #a/eure conditions,

?, 'he +wner agrees and con@r#s that the develop#ent of the said property shall %e
undertaken %y hi# either at his or the DeveloperGs costs& e-penses& risks and conseEuences
and the 'enant shall not %e lia%le for the sa#e,

, 'he 'enant here%y declares and states that no one e-cept herself has any right& title
or interest of any nature whatsoever in the said tenanted pre#ises or any part thereof and
that she has not created any third party right therein or parted with possession of the sa#e
to any third party& or created any charge or encu#%rance of any nature whatsoever therein,
Relying on the aforesaid representations #ade %y the 'enant& the +wner has agreed to
provide to the 'enant the said per#anent alternate acco##odation on ownership %asis in
the new %uilding,

3, 'he 'enant shall& during the period of construction& %e entitled to assign her tenancy
rights in the said tenanted pre#ises alongwith her right& title& interest and %ene@t under this
Agree#ent& i,e, her right to %e provided with the said 9at on ownership %asis and free of
cost& to such person or persons and for such consideration as she #ay dee# @t, 8rovided
that the transferee6assignee shall %e %ound %y the ter#s and conditions contained herein
and %e lia%le to pay the %alance consideration to the +wner against possession of the said
9at,

D, 'he 'enant undertakes that the said 9at shall %e used %y her for residential purpose
or such other purpose as #ay %e per#issi%le in law,

I, 'he 'enant doth here%y undertakes to e-tend her full co=operation and assistance
towards the develop#ent of the said property& to the +wner& who %ona@de reEuires to
de#olish the e-isting outhouse on the said property co#prising of the tenanted pre#ises
and re=construct the new %uilding6s upon it,

>, 'he 'enant doth here%y undertakes to pay her share of all e-penses and ta-es like
#aintenance charges& FMC ta-es and other outgoings etc, in respect of the said 9at which
shall %e allotted to her in the new %uilding fro# the date of possession thereof,

K, 'he 'enant here%y agrees to sign and e-ecute the usual agree#ent as provided
under the Maharashtra +wnership Flats .Rules R Regulation0 Act& and the 'enant doth
here%y agrees to %eco#e #e#%er of the Society6Condo#iniu# or any other association
that shall %e for#ed of the allottees69at owners of 9ats and pre#ises in the new %uilding,
'he 'enant shall %e lia%le to the +wner& and thereafter to the Society6Condo#iniu# when
for#ed& for the pay#ent of the proportionate ta-es& #aintenance charges and outgoings in
respect of the said 9at fro# the date of possession thereof& and a%ide %y the %ye=laws& rules
and regulations fra#ed and6or adopted %y the society6condo#iniu# for ti#e to ti#e, Fefore
taking possession of the said 9at& the 'enant will also pay the share #oney& entrance fee&
proportionate charges for for#ation and registration of the proposed society6condo#iniu#
and electric #eter deposit,

!, 'he +wner shall %e entitled to #ake additions& alterations and6or a#end#ents in the
plans of the new %uilding6s as he #ay consider necessary provided the sa#e do not
adversely aTect the said 9at to %e allotted to the 'enant,

", 'he 'enant here%y agrees to inde#nify and keep inde#ni@ed the +wner& his heirs&
e-ecutors& ad#inistrators and assigns against any clai#s& de#ands& notices& proceedings&
through and under her or otherwise for any tenancy& su%=tenancy or other rights& of any
nature whatsoever in respect of the said tenanted pre#ises and for all costs& charges&
e-penses& losses and da#ages that #ay %e incurred and6or suTered %y the a%ove
persons,

4, 'he 'enant here%y e-pressly declares and con@r#s that she has e-ecuted these
presents of her own free accord and will and without any coercion or undue in9uence of
whatsoever nature or act upon her,

3?, 'he sta#p duty and registration charges paya%le on these presents& if any and on
%e e-ecuted in pursuance thereof& shall %e %orne and paid %y the 'enant alone,



A(( 'AA' piece or parcel of land or ground together with the #essuages tene#ents and
%uildings standing thereon situate lying and %eing at SantacruL in the Revenue Village of
Fandra 'aluka Andheri District Fo#%ay Su%ur%an in the Registration Su%=District of Fandra
District Fo#%ay %earing Final 8lot No, 4 of 'own 8lanning Sche#e No, 3 SantacruL and
%earing C'S No, B6"3 ad#easuring I?" sE, #trs,& C'S No, B6"D ad#easuring >I,D sE,
#trs, and C'S No, B6"I ad#easuring D!4,K sE, #trs,& aggregating to "I,4 sE, #trs,
.according to C'S records0 and %ounded as follows& that is to say 2
+n or towards the North 2 %y 8lot No, D of the said Sche#e&
+n or towards the South 2 %y 8lot No, 3D of the said Sche#e No, 3&
+n or towards the :est 2 %y 8lot No, 3? of the said Sche#e No, 3&
+n or towards the Cast 2 %y Bhod%under Road,

withinna#ed +wner 0
DB1 9=79=70? #7970: 7G797B< 0
alias 9=79=I #7970: 7G797B< 0

;B91 B7JAC 97;IB 970E=7#I 0

R C C C ) 8 '

Received of and fro# the withinna#ed 'enant the su# of Rs,K&??&???6= .Rupees Si- (acs
only0 %y way of part consideration as within#entioned to %e %y her paid to #e& details
whereof are as under2

Cheque No. Date Drawn on Amount *Rs.+
.!$!$. $6.--.$!!$
(anara 'ank* 0amrind Aane
'ranch
)s.#*!!*!!!+,
."6% !/.-$.$!!$ ,do,
)s.#*!!*!!!+,

:D:7C )s.6*!!*!!!+,

) SA7 RCCC)VCD

.DR, SAASAANM V, A:ASARC0
DG0<B

:itnesses2
VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
D7:<D :=I9 )
t+
D7F D$ D<<;!<B 2002

FC':CCN

DR, SAASAANM VASAN' A:ASARC alias
SAASA) VASAN' A:ASARC
,,, +wner
AND

MRS, RAJP( SAM)R SANBAAV)
,,, 'enant

7EB<<;<0: $DB /<B;70<0: 7C:<B07:< 7D;;DD7:ID0

7EB<<;<0: $DB /<B;70<0: 7C:<B07:< 7D;;DD7:ID0 #ade at Mu#%ai this
555555 day of 5555555 Christian 7ear 'wo 'housand and 'hirteen .3?D0

!<:G<<0

9=I?7B/ABI 9=BI E7D/7C 9DI<:F> a Society incorporated and registered under the
Societies Registration Act """ and also as a 8u%lic Charita%le 'rust registered under the
Fo#%ay 8u%lic 'rusts Act& 4>? %earing registration No, F D4? .F0 having its registered oNce
at ?
th
Road& Daulatnagar& Village Cksar& Forivali .Cast0& hereinafter referred to as ;t+e said
:rust< . which e-pression shall unless it %e repugnant to the conte-t or #eaning thereof
#ean include the 'rustees for the ti#e %eing of the said 'rust& the last survivor of the# and
all persons clai#ing %y under or through the#0 on the Dne /artK

70D

9+ri 22222222 of Mu#%ai& )ndian )nha%itants& residing at Roo# No, 555& 555 Floor& HAo#e for
AgedG& ?
th
Road& Daulatnagar& Village Cksar& Forivali .Cast0& hereinafter referred to as ;t+e
:enant< .which e-pression shall& unless it %e repugnant to the conte-t or #eaning thereof
%e dee#ed to #ean and include their heirs& e-ecutors and ad#inistrators0 of the Dt+er
/artK

G=<B<79H

A, 'he 'rust is seiLed and possessed of or otherwise well and suNciently entitled to all
that piece or parcel of land or ground containing %y ad#easure#ents >!,3 sE, #trs, out of
which land ad#easuring >?? sE, #trs, is reserved for Dispensary %earing City Survey No,
3KI>6A=3 situated on the ?
th
Daulatnagar in village Cksar& Forivali .Cast0 in the Registration
Su%=district Fandra& District Fo#%ay Su%ur%an .hereinafter referred to as Hthe said (andG0
together with %uilding structures standing thereon and known as HAo#e for AgedG
.hereinafter referred to as Hthe said FuildingG0 and unless referred to individually the said
(and and the said Fuilding are hereinafter collectively %e referred to as the said 8roperty
which is #ore particularly descri%ed in the 9c+edule hereunder writtenJ

F, 'he said Fuilding consists of %ase#ent& ground& stilt plus @ve upper 9oors which have
%een fully occupied %y K> 'enants, 'he said %uilding is in dilapidated condition and carrying
out e-pensive repairs would neither %e feasi%le nor via%le and hence is in urgent need of
co#plete de#olition and reconstructionJ

C, 'he 'enant is one of the #onthly 'enant in the said %uilding and is occupying 8re#ises
Roo# No, 5555 of the 5559oor ad#easuring 55555 sE,ft, .carpet area0 eEuivalent to 5555 sE,
#trs, As such the 'enant pays to the said 'rust #onthly rent of Rs, 5555 inclusive of all ta-es,
'he 'enant also have agreed to pay arrears of rent with the per#itted increase to the said
'rust, 'he said 8re#ises of Roo# No, 555 occupied %y the 'enant is hereinafter for the
%revityGs sake referred to as Hthe 'enanted 8re#isesG, A copy of the Rent Receipt& Ration Card
and Voters Card of the 'enant are hereto anne-ed and #arked as 7nnexure 678& 7nnexure
6!8 and 7nnexure 68 respectively,

D, 'he 'rust has represented to the 'enant that the 'rust have retained land ad#easuring
>?? sE, #eters which is reserved for Dispensary and the 'rust is desirous of redeveloping
the said 8roperty and for that purpose have evolved a sche#e which interalia includes
tenants shifting to alternative acco##odation& de#olishing the said %uilding ;Ao#e for
Aged< standing on the said (and and constructing a new %uilding in accordance with the
plans and speci@cations that shall %e approved and sanctioned %y the Municipal Corporation
of Breater Mu#%ai and providing to the 'enants per#anent acco##odation free of cost in
the new %uilding and reEuested the 'enant to co=operate to the 'rust in the proposed re=
develop#ent of the said 8roperty,

C, )n the aforesaid %ackground& all the 'enants in the said %uilding including the 'enant
herein have agreed in principle to accept the sche#e& vacate the e-isting tenanted pre#ises
and accept per#anent alternative acco##odation in the new %uilding to %e constructed %y
the 'rust on the said (and on ownership %asis in lieu of their e-isting tenanted pre#ises,

F, After negotiations %etween the parties hereto are desirous of recording the ter#s and
conditions #utually agreed %etween the# as hereinafter appearing,

:=< /7B:I<9 =<B<:D 79 $DCCG9H

, 'he recitals stated hereina%ove for# the integral part of this Agree#ent as if the
sa#e are incorporated herein ver%ati#, +%ligations of the 'rust and their appointed
Developer hereunder shall %eco#e operative and eTective duly upon and after all the
'enants enter into si#ilar Agree#ents and will %e su%/ect to all the 'enants handing over
vacant possession as provided herein, )t is further agreed that this Agree#ent shall
supersede all previous oTers& letters& agree#ents& arrange#ents and understandings
%etween the parties hereto in this %ehalf1

3, 'he 'rust agrees& con@r#s and declares that the 'enant is a #onthly tenant in respect
of Roo# No, 555 on 55559oor in the %uilding known as HAo#e for AgedG ad#easuring 5555555
sE, ft, .carpet area0 eEuivalent to 5555 sE, #trs, hereinafter referred to as Hthe 'enanted
8re#isesG 0 paying therefore a #onthly rent of Rs, 555 inclusive of all ta-es and the 'enant
also have agreed to pay arrears of rent with the per#itted increase to the said 'rust& if any,

D, 'he 'rust shall cause the Developers to construct a %uilding consisting of stilt& podiu#
plus such 9oors as #ay %e per#issi%le and possi%le on the said (and& a portion of which
shall %e for the purpose interalia of granting or providing free of cost per#anent alternate
acco##odation to the 'enants on what is popularly known as ownership %asis therein, 'he
said new %uilding shall %e constructed in accordance with the plans which will %e su%#itted
to the Municipal Corporation of Breater Mu#%ai for scrutiny and approval and the sa#e
having duly sanctioned %y the Municipal Corporation of Breater Mu#%ai,

I, 'he 'rust and their appointed Developers shall construct the said %uilding called H
Ao#e for AgedG on the said 8roperty #ore particularly descri%ed in the Schedule hereunder
written in accordance with the plans& designs& speci@cations approved %y the Municipal
Corporation of Breater Mu#%ai and6or any other authorities, 'he 'rust and their appointed
Developers have the right to a#end and6or #odify the said plans for s#ooth and %etter
develop#ent of the said 8roperty without any reference to the 'enant,

>, )n consideration of the 'enant accepting the sche#e of develop#ent and agreeing to
vacate the tenanted pre#ises in the #anner set out herein& the 'rust agree to allot to the
'enant in lieu of his e-isting tenanted pre#ises free of cost and on ownership %asis Flat No,
5555 on the 55559oor ad#easuring 555555sE, ft, .carpet area0 eEuivalent to 555555 sE, #trs, in
the proposed new %uilding to %e constructed on the said (and, .'he new 9at to %e allotted
to the 'enant is hereinafter for the sake of %revity %e referred to as ;the said new
pre#ises<0, 'he 'enant shall not raise any i#proper unreasona%le or unlawful o%/ections in
relation thereto, 'he said new pre#ises shall %e furnished with a#enities to the 'enant free
of costs as per the list of a#enities which is anne-ed hereto and #arked as 700<@AB<
6D8,

K, 'he 'enant here%y e-presses his6her irrevoca%le consent and no o%/ection to the
rights of the 'rust& without further reference to the 'enant& to su%#it& a#end& revise or
#odify the plan6s for construction of the said new %uilding6s or to su%#it new plans and
proposals and the 'enant here%y irrevoca%ly agrees to sign necessary for#s& consent letters&
writings& declarations& etc, whenever reEuired %y the 'rust and6or the Developers appointed
%y the 'rust and6or the Municipal Corporation of Breater Mu#%ai and6or any other
authorities& at the costs of the 'rust or their Developers& if any, 'he 'enant shall %e lia%le to
sign and su%#it all such for#s& consent letters& writings& declarations& etc, within a period of
! .Seven0 days fro# the date of receipt of reEuisition in that %ehalf fro# the 'rust and the
Developers& if any, )t is speci@cally agreed that if& for any reason& the 'enant fails or neglects
to sign and6or to return %ack such for#s& consent letters& writings& declarations& etc, to the
'rust6Developers duly signed and e-ecuted %y her& within the said period of ! .Seven0 days&
the sa#e shall %e treated as and dee#ed to have %een signed and e-ecuted %y the 'enant,

!, 'he 'rust here%y agrees and declares that they are the a%solute owners of the said
8roperty and that they have not created any charge or encu#%rances thereon, 'he 'rust
further declares that their title to the said 8roperty is clear #arketa%le and free fro#
encu#%rances and that they are in no way prevented fro# carrying out develop#ent work
in the #anner set out in this Agree#ent,

", 'he 'rust have %een infor#ed %y the 'enant that the 'enant does not have any other
acco##odation in Mu#%ai and as such the 'enant will reEuire a per#anent acco##odation
within a stipulated ti#e as provided in these presents hereinafter, )t is e-pressly agreed that
under no circu#stances& e-cept if otherwise reEuired %y the 'enant& shall the 'rust allot or
transfer to any outsider .person who is not a 'enant in HAo#e for AgedG& the said new
pre#ises ear#arked for the 'enant or his No#inee duly no#inated0 as set out in this
Agree#ent,

", )t is here%y agreed %y and %etween the parties hereto that the 'rust and their
appointed Developers shall not provide any te#porary alternate acco##odation to the
'enant and the 'enant shall #ake his6her own arrange#ents, Aowever& in order to ena%le to
'enant shift fro# the 'enanted 8re#ises to the te#porary alternative acco##odation of his
choice& the 'rust shall on e-ecution hereof have agreed that2

.i0 they shall pay to the 'enant a su# of Rs, 55555555555555 .Rupees 555555555550 per
#onth calculated 1 Rs, 55556= per sE, ft, of the carpet area of the e-isting 'enanted 8re#ises
occupied %y the 'enant in the #anner provided herein%elowJ

.ii0 the 'rust have agreed that at the ti#e of 'enant vacating the e-isting 'enanted
8re#ises& they shall handover a cheEue for the su# of Rs,555555555555 .for the 'enantGs
te#porary alternative acco##odation of the 'enants choice for the period of 3I #onths .i,e,
55555555 #onthly rent 55555 - 3I #onths ` 5555550 and one cheEue for an a#ount of Rs,
55555555 . Rupees 555555555555555555550 on account of one #onth rent towards %rokerageJ

.iii0 that as part of the condition for the tenant agreeing to vacate and surrender his
e-isting tenanted pre#ises as herein provided have agreed to pay to the tenant herein the
a#ount of Rs,5555555555 .Rupees55555555555555555 only0 .which has %een calculated on the
%asis of the area occupied %y each of the# respectively in the e-isting %uilding0 as and %y
way of co#pensation for the dislocation& hardship and inconvenience to the 'enant during
the period of such redevelop#ent and also to #eet the increased costs and e-penses that
the 'enant #ay have to incur on account of the 8er#anent Alternate Acco##odation i,e, the
said new pre#ise agreed to %e allotted to the 'enant in the said new %uilding, 'he said
a#ount of Rs, 555555555555555555555555555 .Rupees 5555555555555555555555555 only0 will %e
paid to the 'enant at the ti#e of the 'enant taking possession of his said new pre#ises in
the proposed new %uilding,

4, 'he tenant shall vacate and handover peaceful vacant possession of the said
'enanted 8re#ises on or %efore 555555& 3?D& ti#e %eing of essence,

?, 'he 'enant shall vacate and handover peaceful vacant possession of this tenanted
pre#ises within D? days fro# the 'rust and or their o%taining )+D for the proposed new
construction fro# the Municipal Corporation of Breater Mu#%ai& ti#e %eing of the essence
and not %efore that,

, During the period in which the 'enant occupies the te#porary acco##odation& his
tenancy in the 'enanted 8re#ises shall continue to su%sist till such ti#e he is put in
possession of the said new pre#ises, Accordingly& it is agreed that the 'enant shall continue
to pay the #onthly rent of Rs, 556= to the 'rusts including all ta-es in respect of the tenanted
of the 'enanted 8re#ises presently occupied %y hi# in the said %uilding, )t is further agreed
%etween the parties hereto that the tenancy rights of the 'enant in respect of the e-isting
'enanted 8re#ises shall %e dee#ed to have %een and stand surrendered only against
possession of the said new pre#ises %eing granted to hi#6her %y the 'rust,

3, So far as handing over the said new pre#ises to the 'enant is concerned& the 'rust
declare that2

.i0 su%/ect to the act of Bod& viL, force #a/eure and6or Act +f State and other
circu#stances %eyond the control of the 'rust including change in D,C, Rules aTecting the
said construction and develop#ent on the said property& the 'rust and the Developers
appointed %y the 'rust will co#plete construction of the new %uilding on the said plot of land
and shall hand over Euiet& vacant and peaceful possession of the said new pre#ises in the
newly constructed %uilding to the 'enant within a period of 555 #onths .with a grace period
of D .three0 #onths i,e, in all 555 #onths0 fro# the date of receipt of Co##ence#ent
Certi@cate .C,C,0 fro# the Municipal Corporation of Breater Mu#%ai, 'he Developers shall
ensure that when possession is oTered to the 'enant the Developers have o%tained part6 full
+ccupation Certi@cate fro# the Municipal Corporation of Breater Mu#%ai and the Fuilding is
co#plete in all respect including a#enities with water connection as per Section 3!?A of the
FMC Act and electricity connection in the new %uilding is given %y the 'rust6 their Developers
to the 'enant, )f& su%/ect to what is stated a%ove& the 'rust or their appointed Developers do
not co#plete the construction within the said period of 55555 #onths .actual period ] grace
period0 then& the 'rust shall %e lia%le to and %ind the#selves to %ear and pay liEuidated
da#ages @-ed at Rs,5555555556= .Rupees 55555555555555555555555 only0 per #onth of delay or
part thereof which is considered reasona%le %y the parties hereto and the sa#e will %e paid
%y the 'rust to the 'enant every #onth till the 'rust6 their Developers oTer to handover
possession of 'enantGs said new pre#ises duly co#pleted in all respects as provided in this
present to the 'enant, )t is however& agreed and understood %etween the parties hereto that
while calculating the said period of 555 #onths& anyti#e lost on account of @re& earthEuake&
9ood& war& act of god& shortage in supply of %uilding #aterials& orders of restrained or
in/unction passed %y any Court or other Co#petent Authority or any other force #a/eure or
condition or any change in D, C, Rules or any accident on site of work %eyond the control of
the 'rust6 their Developers shall %e e-cludedJ

.ii0 without pre/udice to what is stated hereina%ove& it is further agreed that in the event
of the 'rust6 the Developers appointed %y the 'rust failing to co#plete the entire
construction and develop#ent within 5555 .555555550 #onths fro# the date of receipt of the
Co##ence#ent Certi@cate .actual period ] grace period 0 and thereafter even for D
additional #onths after e-piry of 555 #onths save for any force #a/eure or act of state or
any reason %eyond the control of the 'rust6 their Developers& then upon e-piry of the
D?
th
.thirtieth0 #onth& the 'enant along with other 'enants and the 'rust shall %e entitled to
co#plete the construction and develop#ent of the proposed new %uilding either the#selves
or through another Developers or agency or %ody at the costs of the 'rust6 their Developers
after giving D? days notice to the 'rust6 their Developers, )n such case the 'rust will after
consulting all the tenants appoint and choose new Developers6Agency6Fody of their choice
for doing inco#plete redevelop#ent and hand over area agreed herein to the 'enant, )n
such an event the Developers appointed %y the said 'rust herein will cease to have any
right& title& interest& clai# or de#and against the 'rust& 'enants and the said 8roperty and
the Developers herein and its agent shall not enter upon the said property for any reason
whatsoever and the Developers herein shall %e solely lia%le& responsi%le and accounta%le to
the 'rust and the 'enants for all the conseEuences civil and cri#inal arising there fro# and
for pay#ents for all the losses& da#ages& costs& interest& penalties& @nes etc as the case #ay
%e 'rust and the 'enants e-pending such cost shall %e entitled to rei#%urse the# fro# the
outstanding recoveries fro# the said pro/ect or un=allotted free sale areas of the
DevelopersJ

.iii0 in the event of delay in handing over possession of the said new pre#ises to the
'enant within 555 #onths .actual period ] grace period0 fro# the receipt of Co##ence#ent
Certi@cate as provided hereina%ove& the 'rust will continue to pay to the 'enant
co#pensation @-ed for 'enantGs te#porarily acco##odation per #onth till the co#pletion of
the new %uilding in all respects and till the ti#e& the 'rust6 their Developers oTer to hand
over possession of the said new pre#ises to the 'enant& provided D? #onths have elapsed
fro# the date of receipt of Co##ence#ent Certi@cate and the 'rust and the 'enant have not
e-ercised their option to ter#inate the right of the Developers to redevelop the said
propertyJ

.iv0 the 'rust shall %e dee#ed to have co#plied with its o%ligation to provide per#anent
alternate acco##odation to the 'enant upon oTering in writing possession thereof to the
'enant and upon the 'enant accepting the sa#e or upon e-piry of > days fro# such oTer&
irrespective of whether 'enant avails of the said oTer and the lia%ility of the 'rust to pay
#onthly co#pensation to the 'enant for te#porary acco##odation shall cease on e-piry of
> days fro# the date of the 'rust6 their Developers oTering possession of the said new
pre#ises to the 'enant or on the 'enant accepting possession of the said new pre#ises
whichever is earlier,

D, 'he 'rust agrees& declares and con@r#s that the develop#ent of the said 8roperty
shall %e undertaken %y the# at their own risk& costs and conseEuences, Further& the 'rust
agree to %ear all ta-es& levies and #onetary pay#ent if any to the local authorities in
respect of the said new pre#ises to %e allotted to the 'enant& fro# the ti#e of the start of
de#olition of the e-isting %uilding till possession of the said new pre#ises is oTered %y 'rust
to the 'enant, 'he 'enant shall not %e reEuired to contri%ute any of the aforesaid ta-es and
levies relating to the said new pre#ises and the construction thereof during such period, 'he
'rust shall keep the 'enant inde#ni@ed against non pay#ent of ta-es& during the period of
construction till the said new pre#ises is oTered to the 'enant, Aowever& thereafter as
provided in Clause > %elow hereinafter all the ta-es& outgoings and other charges relating
to the said new pre#ises will %e %orne and paid %y the 'enant alone,

I, 'he 'enant doth here%y declares& con@r#s and states that2

.a0 save and e-cept hi#self no one else is a tenant and6or entitled to the said 'enanted
8re#ises or any portion thereof and that no one else save and e-cept the 'enant has or have
any share& right& title& interest& clai# or de#and of any nature whatsoever into or upon the
sa#e or any part thereof,

.%0 there is no charge& #ortgage& lien& attach#ent& %efore or after /udg#ent& pending
litigation& custodia (egis& or any encu#%rances& i#pedi#ents or restriction of any nature
whatsoever against or in respect of the 'enanted 8re#ises, 'he 'enant has not in any
#anner created third party rights of any nature whatsoever into or upon the said 'enanted
8re#ises or any part thereof,

.c0 the 'enant alone has full and a%solute right and authority to Euit& vacate& surrender&
yield up and give up possession thereof and tenancy6occupancy rights in respect of the
'enanted 8re#ises& free fro# all clai#s& de#ands and encu#%rances& as aforesaid to and in
favour of the +wner6Developers,

.d0 the 'enant is not prohi%ited fro# dealing with& disposing of& entering into this
Agree#ent in respect of the 'enanted 8re#ises or any part thereof %y )nco#e 'a- or any
other Authority or in any other #anner and that there is no i#pedi#ent in law to the 'enant
entering into and i#ple#enting this Agree#entJ

or otherwise howsoever in respect of the tenanted pre#ises or of any part thereof in favour
howsoever concerning or aTecting the tenanted pre#isesJ

.f0 during the period of construction he6she shall not charge& transfer& alienate& assign or
dispose of his tenancy and6or create third party rights of whatsoever nature in respect of the
'enanted 8re#ises and6or the said new pre#ises to any person6s till the said pre#ises is
co#pleted and handed over to hi# %y the 'rustJ

.g0 the said new pre#ises shall %e used for residential purpose onlyJ

.h0 the 'enant shall sign and e-ecute if so reEuired %y the 'rust the usual agree#ent as
provided under the Maharashtra +wnership Flats .Regulation of 8ro#otion& Construction&
Sale and 'ransfer0& Act& 4KD and further agrees and undertakes to /oin the Co=operative
Aousing Society6 Condo#iniu#6Co#pany that will %e for#ed %y the occupants of 9ats in the
proposed new %uilding as #e#%er thereof and for that purpose sign all for#s& application
and other writings as #ay %e necessaryJ

.i0 the 'enant shall %efore occupying the said new pre#ises in the proposed new %uilding
deposit with the Developers share #oney of Rs,5556= per share for 555 eEuity shares and
entrance fee of Rs,556= or such other a#ount as #ay %e prevailing thenJ

./0 the 'enant shall %e %ound %y all the rules& regulations and %ye=laws of the
Society6Condo#iniu#6Co#pany that #ay %e for#ed %y the 9at holders in future and fro#
the date on which the Developers oTer possession of the said new pre#ises to the 'enant as
provided in Clause 555555 hereinafter& he shall pay the outgoings to the said Society in
respect of the said new pre#ises occupied %y hi#J

.k0 the 'enant shall e-tend full co=operation to the 'rust and the Developers till the
construction of the new %uilding is co#plete and shall #ove into the new %uilding when the
entire %uilding with a#enities is ready for possession including the Developers o%taining
occupation certi@cate .part or full0 fro# the Municipal Corporation of Breater Mu#%ai for the
new %uilding and paying to the 'enant the su# of Rs,55555555555 .Rupees 55555555 only0
%eing the a#ount paya%le as conte#plated in a%ove Clause " .iii0 of these presentsJ

.l0 the 'rust have relied upon these representations #ade %y the 'enant and have on the
%asis thereof the 'rust have agreed to provide to the 'enant the said new pre#ises on
ownership %asis free of costs in the proposed new %uilding,

>, 'he 'enant agrees and undertakes to %ear and pay all outgoings and ta-es in respect
of the new pre#ises and the additional area& if any& fro# the date of the 'rust oTering to the
'enant possession thereof& regularly and without co##itting any default in #aking pay#ent
thereof& to the said 'rust or to organiLation such as the Society or (i#ited Co#pany or
Condo#iniu# or any other Association of 8ersons& as the case #ay %e, At the ti#e of taking
possession of the said new pre#ises& the 'enant shall pay to the 'rust such su#& as shall %e
paid6paya%le %y the purchasers of other pre#ises in the said new %uilding& such as
#e#%ership fees& share #oney& for#ation charges of such organiLation& electric #eter
deposit& water #eter deposit& K #onths advance #aintenance charges of the said new
pre#ises etc,

K, 'he 'rust6 the Developers appointed %y the 'rust shall %e at li%erty and entitled to
co#plete any portion 6 9oor of the proposed new %uilding and apply for and o%tain part=
+ccupation Certi@cate thereof and in such event& however& if the 'enant takes possession of
the said pre#ises in such part co#pleted portion69oor and the re#aining work is carried on
%y the 'rust6 their Developers or their agents or contractors& the 'enant will not o%struct or
o%/ect to the carrying on of such works even if the sa#e shall cause any nuisance or
annoyance to hi#,
!, 'he 'rust shall #ake its %est eTorts to cause the Municipal Corporation of Breater
Mu#%ai to assess the said new pre#ises proposed to %e allotted to the 'enant for the
purpose of levying the property ta-es& at the sa#e rate as the said 'enanted 8re#ises is
assessed at present, Aowever& in case the assess#ent ta- is increased in respect of the said
new pre#ises& the 'enant shall %e lia%le to %ear and pay the increased assess#ent in
respect of the said new pre#ises& in the #anner aforesaid& without raising any o%/ection or
dispute in respect thereof,

", 'ill the 'rust oTer to 'enant the possession of the new pre#ises in the new %uilding as
aforesaid& the right& title and interest of the 'enant& including tenancy rights in the said
'enanted 8re#ises& shall continue to e-ist and re#ain valid and su%sisting, Aowever& on and
fro# the date of the 'rust and6or their Developers& if any& oTering to the 'enant& the
possession of the new pre#ises in the new %uilding as aforesaid& the 'enant shall cease to
have any right& clai# or interest of any nature whatsoever in respect of the said 'enanted
8re#ises or part thereof and their right of tenancy in respect of the said 'enanted 8re#ises
shall cease to e-ist and the sa#e shall ipso facto stand surrendered unto the 'rust,

4, Save as provided hereina%ove& the 'rust here%y agrees and undertakes not to create
any third party rights or interest of any nature whatsoever& into or upon the new pre#ises
allotted and agreed to %e handed over to the 'enant and6or to part with possession thereof
to any one else e-cept to the 'enant, (ikewise& the 'rust shall not clai# any right& title or
interest of any nature whatsoever& into or upon the new pre#ises& adverse to that of the
'enant and the 'rust shall handover the Euiet& vacant and peaceful possession thereof to the
'enant strictly in ter#s hereof, Si#ilarly the 'enant also agrees and undertakes not to create
any third party rights into or upon the said 'enanted 8re#ises or part with possession
thereof or any part thereof to any third party& save and e-cept to the 'rust as provided
herein,

3?, 'he 'rust agrees and undertakes to deliver possession of per#anent alternate
acco##odation i,e, the said new pre#ises to the 'enantSs no#inee .as stated herein after0
in the unfortunate event of the death of 'enant after e-ecution of this agree#ent and %efore
the delivery of possession of the said new pre#ises, )t is here%y agreed %etween all the
parties herewith that the no#inated legal representative6heir of such deceased tenant will
%e entitled to the %ene@ts and perfor#ance of the agree#ent, 'he 'enant here%y no#inates
55555555555 as his no#inee to receive possession of the said new pre#ises fro# the
Developers in the unfortunate event of his death, 'he 'rust shall discharge their
responsi%ility of delivering the said new pre#ises to such no#inee and shall not insist upon
Succession Certi@cate& 8ro%ate& (etter +f Ad#inistration fro# such no#inee, +n the
transpiring of such event the no#inee should undertake to give reEuisite declaration and an
inde#nity %ond inde#nifying the 'rust and their appointed Developers against any counter
clai# #ade %y any person6persons clai#ing lawfully or eEuita%ly through the deceased
'enant,

3, 'his Agree#ent %etween the parties is and shall %e treated as non retracta%le ;no
o%/ection< and6or ;irrevoca%le consent< of the 'enant for the redevelop#ent of the said
property and accordingly the 'rust 6 their Developers shall %e entitled to produce this
Agree#ent %efore all concerned authorities,

33, 'he 'rust6 the Developers appointed %y the 'rust shall for# and register the
society6condo#iniu#6 co#pany& as the case #ay %e at their own costs within 5555 #onths of
the 'rust6 their Developer putting the 'enant to the notice to take possession of the said new
as #entioned hereina%ove& provided that the tenant shall sign& aNr# and declare all the
applications and docu#entation necessary for and6or incidental thereto, ,

3D, )t is further agreed %etween the parties hereto that irrespective of whether or not the
'enant takes possession of the said new pre#ises agreed to %e granted to hi#& the 'enant
shall %e lia%le to pay the #unicipal ta-es and all other outgoings& as the case #ay %e& in
respect thereof to the 'rust for the period fro# the date on which the 'rust oTer possession
thereof to the 'enant,

3I, )t is agreed that once the 'enant takes possession of the said new pre#ises& he will %e
at li%erty to sell and transfer the said new pre#ises to any person6party of his choice after
o%taining written consent for the sa#e fro# the 'rust and after the society6
condo#iniu#6co#pany is registered then fro# such society6 condo#iniu#6co#pany as the
case #ay %e,

3>, 'he parties hereto agree and undertake to co#plete their respective o%ligations in
accordance with these presents, 'he 'rust shall not sell& assign& transfer or otherwise deal
with the %ene@ts of this Agree#ent, 'his Agree#ent will not %e a#ended& altered or
#odi@ed e-cept %y a written instru#ent signed %y each of the parties, 'he parties agree and
undertake to e-ecute and register this Agree#ent within 'hree .D0 :eeks fro# the date of
approval of such 8lans %y MCBM and6or the other concerned authorities,

3K, 'he 'enant declares and con@r#s that he6she has e-ecuted these presents on his own
free will and accord without any coercion or undue in9uence of whatsoever nature,

3!, All costs& charges and e-penses of and incidental to this Agree#ent including sta#p
duty and registration charges paya%le in respect of these presents and any agree#ent if
reEuired %y the 'rust6 the Developers to %e e-ecuted for Alternate 8er#anent
Acco##odation and all other deeds& docu#ents and writings to %e e-ecuted in pursuance
hereof shall %e %orne and paid %y the 'rust6 their Developers alone, Aowever& save and
e-cept sta#p duty and registration charges& if any& Service 'a-& VA' or any other ta- is
paya%le in pursuance hereof& then the sa#e shall %e %orne and paid %y the 'enant alone,

3", Cach party shall %ear and paythe professional fees of their respective Advocates R
Solicitors,

34, 'his Agree#ent shall %e su%/ect to the e-clusive /urisdiction of the courts at Mu#%ai,

D?, 'he 8er#anent Account Nu#%ers of the parties hereto are as follows2

Name PAN No.
Shikarpuri Shri @aopal Society
============================= 0enant

I0 GI:0<99 G=<B<D$ the parties hereto have set and su%scri%ed their respective hands

:=< 9=<DAC< 7!D#< B<$<BB<D :D

All that piece of land #essuages tene#ents and structure consists of %ase#ent& ground& stilt
plus @ve upper 9oors standing thereon and %uilding known as HAo#e for AgedG situate lying
and %eing at ?
th
Road& Daulatnagar of Village Cksar& 'aluka Forivali in the Registration Su%=
district Fandra& District Fo#%ay Su%ur%an containing %y ad#easure#ents >!,3 sEuare
#eters or therea%outs .out of which land ad#easuring >??,sE, #eters is reserved for
Dispensary0 %earing City Survey No, 3KI>6A3 of Daulatnagar situated at village Cksar&
Forivali .Cast0& Mu#%ai and %ounded as followsJ

+n or %efore the North Cast 2 555555555555555555555555
+n or %efore the South Cast 2 555555555555555555555555
+n or towards the South :est 2 555555555555555555555555
+n or towards the North :est 2 555555555555555555555555

withinna#ed 'rust 0
9=I?7B/ABI 9=BI E7D/7C 9DI<:F 0
through its duly Authorised 'rustee 0
Mr, 5555555555555555555 0
pursuant to a resolution of its 0
Beneral Foard dated 55555555555555555 0

2222222222222222222222222 0
in the presence of, ,, 0

:=I9 7EB<<;<0: $DB /<B;70<0: 7C:<B07:I#< 7D;;DD7:ID0 is #ade at
Mu#%ai this 55555 day of 555555555 in the Christian 7ear 'wo 'housand 'en .3??0
FC':CCN BA/7C B79=<9= ?707?I7 of Mu#%ai )ndian )nha%itant having her address at
DI4& Fusiness 8oint& >
th
Floor& :estern C-press Aighway& Andheri .Cast0& Mu#%ai I?? ?K4&
hereinafter referred to as 6t+e D.ner8 .which e-pression shall unless it %e repugnant to
the conte-t or #eaning thereof %e dee# to #ean and include her heirs& e-ecutors&
ad#inistrators and assigns0 of the D0< /7B: AND 415 D;/B7?79= B7;0IB70J70
!7J7J and 425 97BDJ D;/B7?79= !7J7J %oth of Mu#%ai )ndian )nha%itants residing at
Flat No, > R K& Royal Manor& Ashok Nagar Co=operative Aousing Society (td,& JV8D& Mu#%ai
I?? ?I4& hereinafter collectively referred to as 6t+e :enants8 .which e-pression shall
unless it %e repugnant to the conte-t or #eaning thereof %e dee# to #ean and include their
respective heirs& e-ecutors& ad#inistrators and assigns0 of the D:=<B /7B:2

G = and now dee#ed to %e registered under the Maharashtra Co=operative
Societies Act& 4K? under registration No, F6DD?6I! .hereinafter referred to as ;the said
Society<0 holding > .@ve0 fully paid=up shares of Rs,??6= .Rupees +ne Aundred only0 each
%earing distinctive Nos, ! to !> .%oth inclusive0 under Share Certi@cate No, > issued %y
the said Society and incidental thereto is entitled to all that leasehold plot of land %earing
8lot No, DI %eing part of 8lot No, I6 in the Juhu Vile 8arle Develop#ent Sche#e and %eing
part of Survey No, !?& C'S No, !>D of Juhu village ad#easuring 44! sE, yds, eEuivalent to
"DD,K3 sE, #trs, situate at 'aluka
Andheri& Mu#%ai Su%ur%an District .hereinafter for the sake of %revity referred to as
;the said plot of land<0 together with the %uilding standing thereon and known as ;Royal
Manor< at )ndravadan +La Road& 4
th
Road& JV8D Sche#e& Vile 8arle .:est0& Mu#%ai I?? ?I4
.hereinafter for the sake of %revity referred to as ;the said e-isting %uilding<0 a%solutely and
foreverJ

F, Pnless referred to individually the said plot of land together with the said e-isting
%uilding standing thereon and known as ;Royal Manor< are collectively %e referred to as ;the
said property< which is #ore particularly descri%ed in the $IB9: 9=<DAC<hereunder
writtenJ

C, 'he said e-isting %uilding standing on the said plot of land and known as ;Royal
Manor< consist of %ase#ent& ground and four upper 9oors with I total nu#%er of 9ats, 'he
said e-isting %uilding is occupied %y tenantsJ

D, 'he 'enants are one of the #onthly tenants in the said e-isting %uilding and are
occupying Flat No, > R Flat No, K .duple-0 on the D
rd
and I
th
9oor in the said e-isting %uilding
ad#easuring in aggregate "I",>3 sE, ft, carpet area .the said Flat No, > and the said Flat
No, K occupied %y the 'enants are hereinafter for the %revitySs sake %e referred to as Othe
said tenanted pre#isesO0, 'he tenancy granted in favour of the 'enants is herita%le&
assigna%le and transfera%le, 'he 'enants are paying the #onthly rent of Rs,&>>?6=
e-cluding of all ta-es and per#itted increases, A copy of the Rent Receipt& Ration Card and
Clectricity Fill of the 'enants for the said tenanted pre#ises occupied %y the# are hereto
anne-ed and #arked as 700<@AB< 678& 700<@AB< 6!8 and 700<@AB<
68 respectivelyJ

C, 'he +wner is desirous of redeveloping the said property and for that purpose has
evolved a sche#e which inter alia includes vacating the tenants& shifting the tenants to
te#porary alternative acco##odation& de#olishing the said e-isting %uilding standing on
the said plot of land and constructing a new %uilding in accordance with the plans and
speci@cations that #ay %e approved and sanctioned %y the Municipal Corporation of Breater
Mu#%ai and providing to the tenants per#anent alternative acco##odation free of cost on
co=ownership %asis in the new %uildingJ

F, )n the aforesaid %ackground& the +wner approached the 'enants for the purpose of
o%taining vacant possession of the said tenanted pre#ises and oTered the# per#anent
alternative acco##odation in the for# of .one0 9at having an area of the said tenanted
pre#ises i,e, "I",>3 sE, ft, carpet ] 3>W additional 6 e-tra area i,e, IK3,D sE, ft, carpet
ad#easuring in aggregate 3D?,K> sE, ft, carpet on the >
th
9oor of the proposed new
%uilding together with two car parking spaces in the upper %ase#ent of the new %uilding to
%e constructed on the said plot of land a%solutely free of cost and on co=ownership %asis,
'he 'enants are desirous of acEuiring6 purchasing also %alance area if any on the sa#e 9oor
agreed to %e allotted to the# in the proposed new construction %y the +wner and after
#utual discussion it has %een agreed %etween the +wner and the 'enants that the 'enants
shall acEuire6purchase such e-tra area fro# the +wner 1 Rs,3?&!??6= per sE, ft, of carpet
area esti#ated to %e 34 sE, ft, .if any availa%le0 as per 8lans anne-ed herewith and #arked
as 700<@AB< 6D8 J

B, )n the circu#stances aforesaid& the +wner has agreed to sell and transfer to the
'enants and the 'enants have agreed to purchase and acEuire fro# the +wner additional
carpet area upto #a-i#u# 34 sE, ft, .if any availa%le0 and such additional carpet area to
%e purchased6 acEuired %y the 'enants shall %e constructed and provided to the 'enants
within the new 9at so that the area of the new 9at i,e, the area of the per#anent alternative
acco##odation shall %e eEuivalent to the carpet area of the 'enants e-isting tenanted
pre#ises plus 3>W additional e-tra area free of cost to %e provided %y the +wner plus the
additional carpet area upto #a-i#u# 34 sE, ft, .if any availa%le0 agreed to %e purchased
%y the 'enants fro# the +wner, 'he additional carpet area upto #a-i#u# 34 sE, ft, .if any
availa%le0 that the 'enants have agreed to acEuire6 purchase fro# the +wner 1 Rs,3?&!??6=
per sE, ft, shall %e paya%le %y the 'enants to the +wner in the #anner hereinafter
appearingJ

A, 'he parties hereto are desirous of recording the ter#s and conditions #utually
agreed %etween the# as hereinafter appearing2

:=< /7B:I<9 =<B<:D 79 $DCCDG9H

, 'he recitals stated hereina%ove for# an integral and operative part of this
Agree#ent as if the sa#e are incorporated herein ver%ati#,

3, 'he +wner agrees& con@r#s and declares that the 'enants are #onthly tenants in
respect of Flat No, > and Flat No, K .duple-0 on the D
rd
and I
th
9oor ad#easuring in
aggregate "I",>3 sE, ft, .carpet area0 in the %uilding known as ORoyal ManorO paying
therefore a #onthly rent of Rs,&>>?6= and the said tenancy is valid and su%sisting and the
said tenancy is herita%le& assigna%le and transfera%le without the consent of the +wner and
on such ter#s and conditions as the 'enant #ay in their a%solute discretion dee# @t in
accordance with the 'enancy Agree#ent dated 3!
th
Septe#%er& 444 e-ecuted in favour of
the 'enants,

D, )n lieu of the 'enants allowing the +wner to redevelop the said property %y
de#olishing the said e-isting %uilding ;Royal Manor< including the said tenanted pre#ises
occupied %y the# as recited a%ove and in view of the 'enants having agreed to surrender
the tenancy of the said tenanted pre#ises and vacate and handover the vacant possession
of the said tenanted pre#ises to the +wner& the +wner has agreed to provide to the 'enants
as and %y way of 8er#anent Alternate Acco##odation a 9at on the >
th
9oor
.notwithstanding >
th
9oor agreed to %e given to the 'enants herein& the 9oor on which 9at
shall %e given to the 'enants shall %e a 9oor a%ove ground and four levels and should %e a
single 9at on the 9oor0 ad#easuring 3ID4,!" sE, ft, carpet area .i,e, the area of said
tenanted pre#ises ad#easuring "I",>3 sE, ft, carpet ] 3>W e-tra6additional carpet area
oTered a%solutely free of cost ad#easuring IK3,D sE, ft, plus additional carpet area upto
#a-i#u# 34 sE, ft, .if any availa%le0 agreed to %e acEuired 6 purchased %y the 'enants
fro# the +wner0 aggregating to 3ID4,!" sE, ft, carpet in place of aggregate area of "I",>3
sE, ft, carpet presently occupied %y the 'enants .hereinafter referred to as ;the said 9at<0
together with two car parking spaces in the upper %ase#ent .hereinafter referred to as ;the
said car parking spaces<0 in the proposed new %uilding to %e constructed on the said plot of
land on co=ownership %asis, Pnless referred to individually the said 9at along with the said
car parking spaces which will %e provided as per#anent alternate acco##odation are
hereinafter collectively %e referred to as ;the said pre#ises< which is #ore particularly
descri%ed in the 9<D0D 9=<DAC< hereunder written, 'he said 9at is speci@cally
delineated in red colour %oundary line on the proposed 9oor plan which is anne-ed hereto
and #arked as 700<@AB< 6D8 and the said car parking spaces in the upper %ase#ent are
speci@cally delineated in red colour %oundary line on the proposed car parking plan which is
anne-ed hereto and #arked as700<@AB< 6D18, 'he +wner has agreed that upon sanction
of %uilding plans %y the Municipal Corporation of Breater Mu#%ai& she shall forthwith hand
over a copy of the sanctioned plan of the said 9at and the said car parking spaces to the
'enants,

I, )t has %een #utually agreed %etween the parties hereto that the +wner shall ad/ust
the consideration paya%le %y the 'enants for purchase of #a-i#u# carpet area upto 34
sE, ft, .if any availa%le0 %eing the additional area fro# the a#ount paya%le %y the +wner to
the 'enants fro# the a#ounts paya%le for additional a#enities provided in these presents,

>, 'he said 9at shall %e furnished with a#enities to the 'enants free of cost as per the
list of a#enities which is anne-ed hereto and #arked as 700<@AB< 6<8 and the +wner
has agreed to give a su# of Rs,D>&??&???6= .Rupees 'hirty Five (acs only0 for the additional
a#enities to %e @-ed6installed %y the 'enants of their choice in the said 9at, Aowever& out of
the said su# of Rs,D>&??&???6= .Rupees 'hirty Five (acs only0 an a#ount #utually agreed
%etween the parties hereto for purchase of additional carpet area %y the 'enants shall %e
deducted %y the +wner and %alance thereof shall %e paid to the 'enant three #onths prior
to the 'enants %eing handed over possession of the said pre#ises %y the +wner,

K, 'he carpet area of the said 9at shall include the area of %alcony& sit out& cup%oard
space and servants roo# .area of servants roo# shall %e included in the area of the said 9at
if it is included in FS) calculation and not otherwise0 %ut shall e-clude the area of servants
toilet& niche& 9ower %ed& ducts& car parking& terrace and all other ite#s not included in FS)
calculations, Further& if covered dry %alcony is provided in respect of the said tenanted
pre#ises of the 'enants& then the area of the said covered dry %alcony will %e included in the
carpet area of the said 9at to %e allotted to the 'enants, Aowever& if uncovered dry %alcony
is provided in respect of the said tenanted pre#ises of the 'enants& then the area of the said
uncovered dry %alcony will not %e included in the carpet area of the said 9at to %e allotted to
the 'enantsJ

!, 'he +wner shall redevelop the said property %y de#olishing the said e-isting
%uilding known as ;Royal Manor< and constructing a new %uilding %y utiliLing FS) including
'DR FS) to the ut#ost e-tent availa%le on the said property in accordance with the plans
that will %e sanctioned %y the Municipal Corporation of Breater Mu#%ai and the +wner shall
not carry out any change or a#end#ents in such sanctioned plans which would pre/udicially
aTect the said pre#ises agreed to %e allotted to the 'enants in any #anner whatsoever, 'he
+wner here%y further agrees to o%serve& perfor# and co#ply with the ter#s& conditions and
stipulations& if any& which #ay %e i#posed %y the local authorities and shall carry out the
develop#ent work strictly in accordance with the law, Further& in case changes in the
sanctioned plans are reco##ended %y the Municipal Corporation of Breater Mu#%ai and if
such changes aTect the said pre#ises of the 'enants& then& the +wner will re=approach the
'enants with #odi@ed plans and only after their approval will resu%#it the new plan to the
Municipal Corporation of Breater Mu#%ai, Final certi@ed copies of the Municipal Sanctioned
8lans together with their CF Nu#%er shall %e su%#itted to the 'enants within reasona%le
ti#e and shall for# an integral part of this Agree#ent,

", 'he +wner is fully aware that the 'enants do not have any other acco##odation in
Mu#%ai and as such the 'enants will reEuire a per#anent acco##odation within a
stipulated ti#e, Accordingly it is agreed that the +wner shall hand over possession of the
said pre#ises to the 'enants within D? #onths fro# the date of receipt of Co##ence#ent
Certi@cate .C,C,0 and in the #anner and in accordance with Clause > hereunder and hence&
ti#e is the essence of the contract, )t is e-pressly agreed that under no circu#stances shall
the +wner allot or transfer to any outsider the said pre#ises ear#arked for the 'enants and
possession thereof shall %e given to the 'enants or their No#inee duly no#inated in the
#anner set out in this Agree#ent,

4, 'he +wner doth here%y agrees& declares and covenants that 2

.a0 'hat she is the a%solute owner of the said property and that save and e-cept
#ortgage created %y her as setout in Clause 4.c0 hereunder she has not created any charge
or encu#%rance on the said property and that her title to the said property is clear
#arketa%le and free fro# encu#%rances and that she is in no way prevented fro# carrying
out redevelop#ent work as set out in this Agree#entJ

.%0 'hat the #e#%ership of the +wner of the said Ashok Nagar Co=operative Aousing
Society (td, is valid and su%sisting and the (ease in her favour is valid su%sisting and
%inding, Aer title to the said %uilding ;Royal Manor< is free and #arketa%le su%/ect to the
rights of the 'enants as aforesaid statedJ

.c0 'hat the +wner has #ortgaged the said property with ADFC (td, and that save and
e-cept the said #ortgage& the +wner has not created any encu#%rances %y way of sell& gift&
#ortgage& charge& lien& lease or any other adverse right or any other encu#%rance
whatsoever or howsoever in the said property and the sa#e is not su%/ect to any clai# or
de#and& encu#%rance& attach#ent or any process issued %y any court or authority and the
+wner shall infor# and o%tain N+C of the Mortgagee& %eing ADFC (td, for redevelop#ent of
the said property in the #anner conte#plated in this presentsJ

.d0 'hat there are no proceedings instituted %y or against the +wner in respect of the
said property and pending in any court or %efore any authorityJ and

.e0 'hat no Notice fro# any Bovern#ent& Municipal Corporation or any other pu%lic %ody
or authority or any notice under any law including the (and AcEuisition Act& the (and
ReEuisition Act& the 'own 8lanning Act& the Municipal Corporation Act& and Pr%an (and
Ceiling Act or any other statue has %een received or served upon the +wner in respect of the
said property or any part thereof which restrain or #ay restrict the develop#ent of the said
property,

?.i0 'o facilitate redevelop#ent& i,e, during the pendency of construction and co#pletion
of new %uilding& the 'enants shall #ake their own arrange#ent of te#porary
acco##odation, Aowever& in order to ena%le the 'enants to shift fro# their said tenanted
pre#ises& the +wner has agreed that she shall pay the license fees6co#pensation paya%le
for such te#porary alternative acco##odation either to the 'enants or to the (andlord of
the said te#porary alternative acco##odation directly in the #anner provided herein
%elow2

.a0 'he +wner has agreed that at the ti#e of the 'enants vacating the said tenanted
pre#ises& she shall pay license fee6co#pensation %eing a su# of Rs,&??&???6= .Rupees +ne
(ac only0 paya%le for such te#porary alternative acco##odation per #onth on actuals for
'enantsG te#porary alternative acco##odation co#prising of a 9at with four %ed roo#s
kitchen and hall for the period fro#
st
#onth to D?
th
#onths, 'he +wner shall pay the said
su# either to the 'enants or to the (andlords of the 'enantsG te#porary alternative
acco##odation directly as decided %etween the +wner and the 'enantsJ

.%0 'he +wner has agreed that si#ultaneously with the cheEue of the said a#ount of
license fee6co#pensation for the period fro#
st
#onth to D?
th
#onth which will %e handed
over to the 'enants and6or to the (andlords of the 'enantsG alternative acco##odation as
provided in Clause ?.i0.a0 hereina%ove& the +wner shall hand over si- post dated cheEues
towards license fee6co#pensation fee for the 'enantsG te#porary alternative
acco##odation for the period of si- #onths co##encing fro# D
st
#onth to DK
th
#onth and
si- post dated cheEues of Rs,4&>?&???6= each towards penalty a#ount6liEuidated da#ages
paya%le to the 'enants every #onth for the period of si- #onth co##encing fro#
D
st
#onth to DK
th
#onth for the delay in co#pletion of proposed new construction as
provided in Clause K of this Agree#ent to M6s, Sa#ir Sanghavi R Co,& Chartered
Accountants of the 'enants who shall keep the said post dated cheEues in escrow and hand
over the sa#e to the 'enants in the circu#stances provided in Clause ?.i0.c0 hereunderJ

.c0 )n the event of the 'enants having vacated the said tenanted pre#ises and not
having received possession of the said pre#ises in D? #onths as provided in Clause >
hereinafter& then& only in that event& Sa#ir Sanghavi R Co,& Chartered Accountants after
e-piry of such D? #onths shall hand over to the 'enants one post dated cheEue towards
license fee6co#pensation for the te#porary alternative acco##odation of the 'enants and
one post dated cheEue of Rs,4&>?&???6= towards penalty a#ount6liEuidated da#ages
paya%le to the 'enants every #onth for si- #onths co##encing fro# D
st
#onth to
DK
th
#onth fro# the ti#e the 'enants have vacated the said tenanted pre#ises, )t is further
agreed that if construction work is delayed %eyond DK #onths& then the +wner will in
addition to the a#ount of penalty provided in Clause ?.i0.%0 of this Agree#ent continue to
pay the a#ount of license fee6co#pensation per #onth to the 'enants till the 'enants are
oTered possession of the said pre#ises, )n the event& however& the +wner oTers possession
of the duly co#pleted said pre#ises earlier than what is agreed hereina%ove& then the
'enants& M6s, Sa#ir Sanghavi R Co,& Chartered Accountants as the case #ay %e will
pay%ack6refund to the +wner& the su#s in e-cess paid to the 'enants %y the +wner on
account of such te#porary acco##odation or prior to %eing put in possession of the
per#anent alternate acco##odation i,e, the said pre#isesJ

?.ii0 )t is agreed that deposit& if any& reEuired to %e paid to the +wner of the te#porary
alternative acco##odation and the %rokerage paya%le to the %roker for such te#porary
alternative acco##odation shall %e paid %y the +wnerJ

, )t is agreed that for shifting the furniture& %elongings and other articles of the 'enants
to te#porary alternative acco##odation fro# the said tenanted pre#ises and for shifting
%ack the furniture& %elongings and other articles of the 'enants fro# the said te#porary
alternative acco##odation to their per#anent alternative acco##odation& the +wner will
engage at her own costs recogniLed professional agency of #overs and packers and the said
agency will %e engaged with the prior approval of the 'enantsJ

3, During the period in which the 'enants occupy the te#porary alternative
acco##odation& their tenancy in the said tenanted pre#ises shall continue to su%sists till
such ti#e they are put in possession the said pre#ises, )t is further clari@ed that the
tenancy rights of the 'enants in respect of the said tenanted pre#ises shall %e dee#ed to
have %een surrendered only against possession of the said pre#ises %eing granted to the#
%y the +wner,

D, 'he +wner as part of the condition for the 'enants agreeing to vacate and surrender
their said tenanted pre#ises and also to co#pensate the 'enants for personal hardship and
inconvenience that #ay %e caused to the# during redevelop#ent of the said property have
agreed to provide a su# of Rs,I>&??&???6= .Rupees Forty Five (acs only0 to the 'enants
paya%le in two install#ents, 'he 'enants have received the @rst install#ent of Rs,>&??&???6=
.Rupees Five (acs only0 upon the e-ecution of this presents& the receipt and pay#ent
whereof the 'enants doth here%y ad#it and acknowledge and of and fro# the sa#e and
every part thereof acEuit& release and discharge the +wner forever, 'he second install#ent
of Rs,I?&??&???6= .Rupees Forty (acs only0 will %e paid %y the +wner to the 'enants at the
ti#e of the 'enants vacating their said tenanted pre#ises and handing over vacant
possession of the sa#e to the +wnerJ

I, 'he +wner agrees that she shall not sell& lease& let or give on leave and license and
dispose oT or otherwise deal with one entire 9oor %eing I
th
%uilding to %e constructed on the said plot of land& till the 'enants are given possession of
their said pre#ises in the #anner provided in Clause > hereinafter,

>, Su%/ect to Clause K hereof the ti#e duration for construction of per#anent
acco##odation i,e, the said pre#ises is D? #onths fro# the date of receipt of
Co##ence#ent Certi@cate .C,C,0 failing which the +wner shall %e lia%le to and agrees and
%inds herself to %ear and pay liEuidated da#ages6penalty a#ount of Rs,4&>?&???6= .Rupees
Nine (ac Fifty 'housand only0 per #onth of delay or part thereof to the 'enants along with
agreed license fee6co#pensation for te#porary alternative acco##odation till the
possession of the said pre#ises is given to the 'enants,

K, 'he +wner shall co#plete construction of the new %uilding on the said plot of land
and shall hand over Euiet& vacant and peaceful possession of the said pre#ises in the newly
constructed %uilding to the 'enants within a period of D? #onths fro# the date of o%taining
Co##ence#ent Certi@cate .C,C,0, 'he +wner shall ensure that when possession is oTered
to the 'enants the +wner has applied for part6unEuali@ed +ccupation Certi@cate fro# the
Municipal Corporation of Breater Mu#%ai and the said pre#ises is co#plete with availa%ility
of electricity& water and lift facilities, Aowever the +wner shall %e entitled to reasona%le
e-tension of ti#e if the co#pletion of the %uilding is delayed on account of a riot& civil
co##otion or act of Bod or war %etween )ndia and another country or change in the statute,
)f the +wner fails to co#plete the new %uilding within D? #onths fro# the date of receipt of
Co##ence#ent Certi@cate .C,C,0 the +wner in addition to pay#ent of liEuidated da#ages
as agreed shall ensure continuity in providing #onies as agreed for te#porary alternative
acco##odation until such ti#e the said pre#ises are ready for occupation so that the
'enants are not #ade to shift fro# the te#porary acco##odation till the said pre#ises are
ready for occupation, Aowever& it is agreed %etween the parties hereto that if the +wner fails
to co#plete construction of the new %uilding within D? #onths fro# the date of receipt of
Co##ence#ent Certi@cate .C,C,0 due to riot& civil co##otion or act of god or war %etween
)ndia and another country or change in statute& then in that event the +wner will not
%eco#e lia%le to pay liEuidated da#ages as agreed, Aowever& apart fro# these reasons if
for any reason whatsoever the +wner is una%le to co#plete construction of the new
%uilding within D? #onths fro# the date of receipt of Co##ence#ent Certi@cate .C,C,0 then
in that event the +wner shall %eco#e lia%le to pay liEuidated da#ages as agreed in these
presents, Aowever& under any circu#stances& the +wner shall ensure continuity in providing
#onies as agreed for te#porary alternative acco##odation until such ti#e the said
pre#ises are ready for occupation so that the 'enants are not #ade to shift fro# the
te#porary acco##odation till the said pre#ises are ready for occupation,
!, 'he +wner covenants& agrees& and undertakes with the 'enants as under 2
.a0 that the +wner will apply for& o%tain& renew and keep valid all necessary and
incidental per#issions& licenses& per#its& etc, to ena%le her to carry out the work of
redevelop#ent at her own costs and e-pensesJ
.%0 that the +wner shall within 4? days fro# the date hereof o%tain full )+D .)nti#ation
+f Disapproval0 fro# the Municipal Corporation of Breater Mu#%ai after loading 'DR for the
proposed construction of a new %uilding and further assures that she shall o%tain C,C,
.Co##ence#ent Certi@cate0 fro# the Municipal Corporation of Breater Mu#%ai within two
#onth after the 'enants having vacated their said tenanted pre#ises in the said e-isting
%uilding known as ;Royal Manor<J
.c0 that the +wner shall %e responsi%le for the safety and security of all her workers&
la%ourers& agents& staT& supervisors as also any third party during the entire de#olition and
construction period and shall ensure that in the case of any untoward incident& accident or
#ishap& she shall %e responsi%le for the sa#e in every #anner including for pay#ent of any
cost& da#ages& co#pensation& etc,J
.d0 that the +wner shall carry out the work and shall develop and construct the new
%uilding on the said plot of land at her own costs& e-penses& risks and conseEuencesJ
.e0 that the proposed new %uilding will %e of e-cellent Euality and the +wner shall put up
HAG class %uilding with good elevation and HAG class @-tures and @ttingsJ
.f0 that the +wner shall per#it the 'enants while vacating their said tenanted pre#ises
and %efore de#olition to salvage their %elongings, Aowever& the 'enants will %e free to take
their entire %elongings and such @-tures whose re#oval will not aTect structure of the said
e-isting %uilding, 'hese #ay include fans& lights& geysers& cup%oards& etc, if 'enants re#ove
any taps they will ensure to close the water lines in @-ing plug to prevent leakageJ
.g0 that the +wner while constructing the new %uilding shall take care of new water=line&
sewerage& lights& internal road i,e, co#pound& gates and surrounding walls of the said plot of
land& staircase& lift lo%%y and %ase#ents as per the standard reEuire#ent of Municipal
Corporation of Breater Mu#%ai and its rules in forceJ
.h0 that the +wner shall ensure that the construction #eets with the approval of the
Architect and Structural Cngineer appointed %y the +wner, 'he +wner further agrees that
the professional fees& retainer ship fees etc, of the professionals such as Architect& Structural
Cngineer& etc, shall %e paid %y the +wnerJ

.i0 that while redevelop#ent if there is violation of any law& rules in force& the
responsi%ility to pay penalty shall %e entirely with the +wner and she has agreed to %ear the
cost for such act, 'he +wner shall inde#nify and keep inde#ni@ed the 'enants and shall
pay all outgoings that #ay arise on account of this redevelop#ent, 'he +wner shall not
%urden the 'enants #onetarily at any stage of proposed redevelop#ent,
./0 that on and fro# co##ence#ent of work as per Co##ence#ent Certi@cate& the
+wner shall as and when reEuested %y the 'enants and within reasona%le ti#e thereafter
handover& copies of all the correspondence undertaken& plans& a#ended plans duly
approved& construction progress report i,e, scheduled progress& esti#ated ti#elines for
co#pletion& any unforeseen develop#ents& etc, to the 'enants for their perusal&
consideration and records to ena%le the 'enants to review the progress #adeJ

.k0 that the +wner agrees to carry out pest control treat#ent at site& for white ants&
%efore the start of constructionJ
.l0 that the +wner shall pay all outgoings including ta-es& assess#ents and outgoings in
respect of the said property including land under construction cost during develop#ent of
the said property and further the +wner shall pay ta-es and all other outgoings in
connection with the said tenanted pre#ises fro# the date the said tenanted pre#ises are
vacated %y the 'enantsJ

.#0 'hat the 'enants shall not reEuire any consent& per#ission& no o%/ection fro# the
+wner or anyone clai#ing %y& through or under her nor shall they %e reEuired to pay any
fees& pre#iu#& paghdi or charges for any transfer& assign#ent& #ortgage& letting out or
giving on lease or leave and licence %asis of the said pre#ises and the 'enants and6or their
successors and assigns shall %e entitled to deal with the said pre#ises on such ter#s and
conditions as they #ay in their a%solute discretion dee# @t and proper& provided such
transferee is a respecta%le Aindu Vegetarian and further it is agreed that in the event of the
transfer6 assign#ent6 %eEuest of the said pre#ises %y the 'enants in pursuance of the rights
reserved to the# hereunder& the rights and lia%ilities of the 'enants hereunder .including the
rights of transfer of the said pre#ises and the rights of letting& su%=letting& creating
#ortgage or per#itting on (eave and (icense the said pre#ises0 shall auto#atically stand
transferred in favour of such transferee6assignee6legatee and to each such successive
transferees6assignees6legatee and in that event& such transferee and6the assignee and6or
legatee shall %e %ound %y the ter#s and conditions of this Agree#ent and shall have the
sa#e rights in respect of the said pre#ises and shall %e su%/ect to the sa#e o%ligations as
of the 'enants herein, 'he consent and authority granted herein to the 'enants or their
successive transferees to sell& transfer& let& su%let& #ortgage the said pre#ises shall always
%e irrevoca%le,

.n0 )t is also clari@ed that the 'enants shall %e entitled to recover such consideration as
they #ay dee# @t for transferring6 assigning the said pre#ises, Further& such consideration
shall %elong to the 'enants alone and the 'enants shall not %e reEuired to share such
consideration or pay any a#ount therefro# to the +wner or any other party or person for
any reason whatsoeverJ

.o0 'he +wner here%y agrees that the 'enants shall %e entitled to carry out addition and
alteration of per#anent nature in the said pre#ises to %e allotted to the# on the >
th
9oor of
the proposed new %uilding as per the rules and regulations of the Municipal Corporation of
Breater Mu#%ai and also the said Society& if reEuired& provided such addition shall not
consu#e any additional FS) or change in the outside elevation or structure of the new
%uildingJ and
.p0 that the +wner shall neither occupy herself and6or her fa#ily #e#%ers nor allow any
prospective purchasers of 9at in the new %uilding to occupy the sa#e unless the 'enants are
oTered possession of their said pre#ises as and %y way of per#anent alternative
acco##odation in the new %uilding in the #anner provided in Clause > hereof within the
period speci@ed in this Agree#ent and D? days have e-pired fro# such Notice of 8ossession
having received %y the 'enants,
", )t is further agreed %y the +wner with the 'enants as under 2

.a0 )t is agreed %y the +wner that if the said Society per#its all the +ccupants of the
proposed new %uilding who would %e occupying their respective pre#ises the grant of
no#inal and6or associate #e#%ership& then the +wner shall #ake the 'enants herein
no#inal and6or associate #e#%ers& provided the 'enants so desire and agrees to pay the
fees6transfer charges as #ay %e paya%le to the said Society for such purpose without
asking for any e-tra pay#entJ and

.%0 )t is further agreed %y the +wner that at any ti#e in future at the reEuest of the
'enants& the ownership in respect of the said pre#ises will %e transferred %y the +wner in
favour of the no#inees of the 'enants provided they are fro# the fa#ily of the 'enants
without taking any charges of any nature whatsoever for the sa#e,
4, 'he 'enants agree with the +wner as under 2
.a0 that the 'enants shall after having seen the copy of full )+D .inti#ation +f
Disapproval0 for the proposed construction of new %uilding having o%tained %y the +wner&
shall within I> days thereafter vacate and handover possession of their said tenanted
pre#ises to the +wner and shall allow the +wner to enter upon the said tenanted pre#ises
and carry out the de#olition and redevelop#ent workJ

.%0 that they along with their fa#ily #e#%ers are in e-clusive use& occupation and
possession of the said tenanted pre#ises and no one e-cept the#selves and their fa#ily
#e#%ers have any right& title or interest of any nature whatsoever in the said tenanted
pre#ises and that they have not created any third party right therein or parted with
possession of the sa#e to any third party and6or have not created su%=tenancy& leave and
license or any other rights or created any charge or encu#%rances of any nature whatsoever
thereinJ
.c0 that there is no charge& #ortgage& lien& attach#ent& %efore or after /uge#ent&
pending litigation& custodia (egis& or any encu#%rances& i#pedi#ents or restriction of any
nature whatsoever created %y the 'enants against or in respect of the said tenanted
pre#isesJ
.d0 that they have a%solute right to enter into this Agree#ent and authority to sign the
sa#eJ
.e0 that they have not done any act or deed where%y the redevelop#ent work of the said
property can %e aTectedJ

.f0 that they are Aindu Vegetarian and shall use the said 9at only for the purpose of
residence and as per the %ye=laws of the SocietyJ and

.g0 that they here%y undertake to pay their share of all e-penses and ta-es like
#aintenance charges& MCBM ta-es and other outgoings etc, in respect of the said pre#ises
which will %e allotted to the# in the proposed new %uilding fro# the date of possession,

3?, Ppon co#pletion of the new %uilding& the +wner shall put the 'enants to written
notice calling upon the 'enants to take possession of the said pre#ises, An undertaking that
the said pre#ises have %een co#pleted with a#enities as listed in 700<@AB< I<Ihereto
shall also %e furnished, 'he 'enants shall within > days fro# receipt of such notice take
inspection of the said pre#ises and the docu#ents furnished and upon %eing fully satis@ed
that the said pre#ises are in accordance with the ter#s of this Agree#ent and that the
a#enities as set out in 700<@AB< I
days thereafter vacate the te#porary alternative acco##odation and take possession of the
said pre#ises, 8rovided however if it is noticed that there is a defect in the said pre#ises or
in the %uilding in which the said pre#ises are situated& which can %e attri%uted to
inco#plete work6defective6 su%standard #aterial and6or %ad construction practice& any such
defects shall %e recti@ed fully %y the +wner at her own cost %efore the 'enants takes
possession of new pre#ises and in such event the occupation of the 'enants in the
te#porary alternative acco##odation shall stand e-tended accordingly,

3, Neither party shall %e entitled to ter#inate this Agree#ent on any account
whatsoever, Aowever& in the event of any %reach of any of the ter#s and conditions
contained herein %y any party& the other shall %e entitled to speci@c perfor#ance of these
presents,

33, 'he +wner has agreed to do the Redevelop#ent6Reconstruction work on her own,
Aowever& the +wner has right to transfer this right to any one else without prior written
per#ission fro# the 'enants of the said e-isting %uilding, )t is agreed %y the +wner that in
case of her transferring the right of redevelop#ent6reconstruction work to third party& the
said third party is %ound %y the ter#s and conditions of this Agree#ent and a%out the
o%ligation undertaken %y the +wner to provide per#anent alternative acco##odation in the
for# of the said pre#ises to the 'enants in the new %uilding to %e constructed on the said
property, )t is further agreed %y the +wner that clause to this eTect will %e incorporated in
the docu#ent which shall %e e-ecuted %y the +wner and such third party,

3D, )t is agreed that for a period of two years fro# the date of receipt of possession of
the said pre#ises6+ccupation Certi@cate in respect of the new %uilding .whichever is
earlier0& the +wner here%y gives a defect lia%ility guarantee regarding construction and
work#anship to the 'enants for two nor#al #onsoons, 'his defect lia%ility guarantee
includes cost of repair work& leakage through water pipes faulty& drainage water proo@ng
terrace and electrical and plu#%ing works& telephones lines, 'he +wner shall rectify such
defects within the guarantee period at her cost and to the satisfaction of the 'enants,

3I, 'he +wner shall o%serve& perfor# and co#ply with the ter#s& conditions and
stipulations& if any& which #ay %e i#posed %y the local authorities while carrying out
construction work and shall carry out the develop#ent work strictly in accordance with the
law,

3>, 'he +wner agrees and undertakes to deliver possession of per#anent alternate
acco##odation i,e, the said pre#ises to the surviving tenant in the unfortunate event of
death of any of the tenant herein after e-ecution of this Agree#ent and %efore delivery of
possession of the said pre#ises, Further& the +wner agrees and undertakes to deliver
possession of 8er#anent Alternative Acco##odation i,e, the said pre#ises to the 'enants
no#inee .as stated herein after0 in the unfortunate event of the death of %oth the 'enants
herein after e-ecution of this Agree#ent and %efore the delivery of possession of the said
pre#ises, )t is here%y agreed %etween the parties hereto that legal representative6heir of
such deceased tenant i,e, the no#inee herein will %e entitled to the %ene@ts and
perfor#ance of the Agree#ent, 'he 'enants here%y no#inate A%hishek Fa/a/ and A#it Fa/a/
as their no#inee to receive possession of the said pre#ises fro# the +wner in the
unfortunate event of death of %oth the 'enants herein, 'he +wner shall discharge her
responsi%ility of delivering the said pre#ises to such no#inee and shall not insist upon
inde#nity %ond inde#nifying the +wner against any counter clai# #ade %y any
person6persons clai#ing lawfully or eEuita%ly through the deceased 'enants,

3K, 'he +wner on co#pletion of work or on ter#ination of this Agree#ent shall re#ove
her workers and agents& waste #aterial and whatever she has %rought on the site at her
own cost,

3!, )n the event of @re& te#pest& 9ood or earthEuake or landslide or any other natural
cala#ity& or due to any other reason whatsoever if the said new %uilding is destroyed or
rendered un@t for the purpose of residence& the rights of the 'enants herein in the said
pre#ises shall not revert to the +wner or to the said Society and in which event the 'enants
along with the other tenants of the said new %uilding .including the +wner and the other
occupants in the said new %uilding0 shall %e entitled to reconstruct the said new %uilding at
their own costs& risk and e-penses and the 'enants shall continue to have the sa#e right as
contained in these presents in respect of the newly constructed pre#ises, 'he +wner shall
render all necessary co=operation and do and cause to %e done all necessary acts& deeds
and things as #ay %e reEuired in this regard,

3", 'he parties here%y agree that in the event of there %eing any dispute& diTerence&
clai# or Euestion which shall arise at any ti#e %y and %etween the parties hereto
in respect of interpretation of any of the ter#s and conditions contained herein as also in
respect of any #atter arising out of or in relation to this Agree#ent& the sa#e shall %e
referred to Ar%itration of a Sole Ar%itrator& Mr, Mirit 'hakkar in Mu#%ai in accordance with
the provisions of the Ar%itration and Conciliation Act& 44K and the decision6award of the
Sole Ar%itrator& as the case #ay %e shall %e @nal and %inding, 'he venue of ar%itration
proceedings shall %e in Mu#%ai only and shall %e in Cnglish language,

34, 'his Agree#ent will not %e a#ended& altered or #odi@ed e-cept %y a written
instru#ent signed %y each of the parties,

D?, All costs& charges and e-penses of and incidental to this Agree#ent including sta#p
duty and registration charges paya%le in respect of this Agree#ent and any other or further
deeds or docu#ents and writings that #ay %e e-ecuted in pursuance hereof upto the su#
of Rs,4&II&???6= shall %e %orne and paid %y the +wner alone and any a#ount over and
a%ove the su# of Rs, Nil shall %e %orne and paid %y the 'enants,
,
D, Cach party shall %ear and pay the professional fees of their respective Advocates R
Solicitors,

D3, 'his Agree#ent shall %e su%/ect to the e-clusive /urisdiction of the Court at Mu#%ai,

DD, 'he 8er#anent Account Nu#%ers of the 8arties hereto are as follows2

Names PAN NumDers
)upal )ashesh Banakia AA@PB6$.E
&mprakash )amniran3an 'a3a3 AAFP'/$%%A
Saro3 &mprakash 'a3a3 AABP'!-.!(


:=< $IB9: 9=<DAC< 7!D#< B<$<BB<D :D

All that piece and parcel of land %eing 8lot No, DI .%eing part of 8lot No, I60 ad#easuring
a%out 44! sE, yds, eEuivalent to "DD,K3 sE, #tr, along with %uilding known as ;Royal Manor<
consist of %ase#ents& ground plus four 9oors for#ing part of survey No, !?& C'S No, !>D of
Juhu Village in Juhu Vile 8arle Develop#ent .JV8D0 Sche#e at 'aluka Andheri& Mu#%ai
Su%ur%an District at )ndravadan +La Road& 4
th
Road& JV8D Sche#e& Vile 8arle .:est0&
Mu#%ai I?? ?I4 and %ounded as follows2

+n or towards North 2 %y K? feet Cast :est Road No, 3,
+n or towards South 2 %y 8lot No, DD,
+n or towards :est 2 %y 8lot No, 3!,
+n or towards Cast 2 %y I? Feet :ide 4
th
Road,

:=< 9<D0D 9=<DAC< 7!D#< B<$<BB<D :D

Single 9at on the entire >
th
9oor ad#easuring a%out 3ID4,!" sE, ft, .carpet0 and two car
parking spaces in the upper %ase#ent of the proposed new %uilding to %e constructed on
the plot of land #ore particularly descri%ed in the First Schedule hereina%ove written,

S)BNCD AND DC()VCRCD %y 0
the withinna#ed& the +wner 0
BA/7C B79=<9= ?707?I7 0

S)BNCD AND DC()VCRCD %y 0
the withinna#ed& the 'enants 0
415 D;/B7?79= B7;0IB70J70 !7J7J 0
425 97BDJ D;/B7?79= !7J7J 0

B < &??&???6= .Rupees Five (acs
only0 %eing the part hardship allowance a#ount to %e paid %y her to us as within#entioned&
details whereof are as under 2
Pa(ee Date
Cheque
No.
Drawn on
Amount
*Rs.+
&mprakash
)amniran3an 'a3a3
$-+.+$!-! !!!-.6
'ank of 'aroda*
(hakala 'ranch
$*!*!!!+,
Saro3 &mprakash
'a3a3
$-+.+$!-! !!!-..
'ank of 'aroda*
(hakala 'ranch
$*!*!!!+,
"'"A& 4H77H777/-

:C SA7 RCCC)VCD

+M8RAMASA RAMN)RANJAN FAJAJ

SAR+J +M8RAMASA FAJAJ
:<070:9
:itnesses2
700<@AB<"<
7;<0I:I<9 CI9:

, All the windows should %e I tracks sliding windows of anodiLed alu#iniu# Y heavy
section, All the grills should %e enclosed in the sliding windows in track and should
not %e %o- type .As per Clevation it would %e provided %ut Euality will %e the sa#e0,

, 'he glass used in all the sliding windows should %e one way #irror glass .as per
Clevation it would %e provided0,

, 'he windows in all the roo#s should %e full length Y French type windows .as per
Clevation it would %e provided0,

D7:<D :=I9 D7F D$ 2010

BA/7C B79=<9= ?707?I7
,, the +wner
AND

D;/B7?79= B7;0IB70J70 !7J7J N 70B1
,,, the 'enants

7EB<<;<0: $DB /<B;70<0: 7C:<B07:I#< 7D;;DD7:ID0

C7G /DI0:
Advocates R Solicitors
D?& Vai%hav Cha#%ers&
D
rd
Floor& +pp, )nco#e 'a- +Nce&
Fandra=Murla Co#ple-&
Fandra .Cast0&
Mu#%ai I?? ?>,

7EB<<;<0: $DB 7C:<B07:I#< 7D;;DD7:ID0

:=I9 7EB<<;<0: $DB 7C:<B07:I#< 7D;;DD7:ID0 #ade at Mu#%ai on this 5555
day of June in the Christian 7ear 'wo 'housand 'hirteen .3?D0&

!<:G<<0

9;:1 C7CI:7 C7C=70D> adult& )ndian inha%itant of Mu#%ai& residing at Bir Mutir&
Ra#chandra (ane& Malad .:est0& Mu#%ai=I?? ?KI& hereinafter called 6:=<
DG0<B8 .which e-pression shall unless it %e repugnant to the conte-t or #eaning thereof
%e dee#ed to #ean and include her heirs& e-ecutors and ad#inistrators0 of the D0< /7B:J

70D

9;:1 ;7D=ABI ;7D=A9AD70 E707:B7> an adult& )ndian )nha%itant of Mu#%ai&
presently residing at 55555555555555555555& hereinafter called 6:=< :<070:8 .which
#ean and include her heirs& e-ecutors& ad#inistrators and assigns0 of the D:=<B /7B: 2

W.464%-1

), 'he +wner is seiLed and possessed of or otherwise well and suNciently entitled to all
that piece or parcel of land or ground& ad#easuring ID3,I3 sEuare #eters as per
title docu#ents and on actual #easure#ent ad#easuring D>",KK sEuare #eters
and as per 8roperty Register Cards and City Survey Records ad#easuring KD,3
SEuare Meters or therea%outs& ZMindly con@r# area of the land, Area #entioned in
the property card and deed of recti@cation is ID,3 sE, #trs,[ %earing Municipal ;8<
:ard Nos, IDK!& IDK"& IDK4 and ID!? and Street Nos, KI& KI6& KI63 and KI6D and
%earing C,',S, Nos, K!4& K!46 to K!46! of Village Malad .North0& 'aluka Forivli& in the
registration Su%=District of Fandra& District Mu#%ai Su%ur%an situate& lying and %eing
at Ra#chandra (ane& Malad .:est0& Mu#%ai=I?? ?KI& together with the %ungalow
standing thereon and known as ;Bir Mutir< along with the other structures standing
thereon #ore particularly descri%ed in the Schedule hereunder written .hereinafter
referred to as 6t+e said /ro*erty80J

)), 'he said %ungalow ;Bir Mutir< e-isting on the said 8roperty is occupied %y few
tenants6occupantsJ

))), +ne Shri, 'ulsidas Da#odardas Banatra& .now since deceased0 was during his
lifeti#e& was a lawful #onthly tenant of the +wner in respect of one residential pre#ises
%earing Roo# No, D& ad#easuring 5555 sEuare, feet, carpet area on 55555 9oor& in the said
%uilding known as ;Bir Mutir< standing on the said 8roperty .hereinafter referred to as It+e
said :enanted /remisesI0J

)V, 'he said Shri 'ulsidas Da#odardas Banatra died on or a%out 555555555555555& leaving
%ehind hi# his only one son Shri Madhusudan Da#odardas Banatra U?indly conOrm
middle name of ;r1 ;ad+usudan EanatraVas his only heir and legal representative& as
per the Aindu Succession Act& %y which he was governed at the ti#e of his deathJ

V, 'he said Shri Madhusudan Da#odardas Banatra also died on or a%out
5555555555555555& leaving %ehind hi# his widow S#t, Madhuri Madhusudan Banatra .the
'enant herein0& as his only heir and legal representative& as per the Aindu Succession Act& %y
which he was governed at the ti#e of his deathJ

V)0 )n the pre#ises aforesaid& under the provisions of Section ! .>0 .d0 .ii0 of the
Maharashtra Rent Control Act& 444& the 'enant herein is the lawful #onthly tenant of the
+wner in respect of the said 'enanted 8re#ises and is in e-clusive use& occupation and
possession thereof and has %een paying the #onthly rent of Rs, >K,>"ps, .Rupees Fifty Si-
and 8aise Fifty Cight only0 to the +wnerJ the said tenancy is valid and su%sisting, Copies of
the rent receipts of the 'enant is anne-ed hereto and collectively #arked as7nnexure 6I8J

V))0'he +wner has represented to the 'enant that the +wner is intending to redevelop the
said 8roperty %y constructing a new %uilding thereon after de#olishing the said e-isting
%ungalow ;Bir Mutir< along with the other structures standing on the said 8roperty and
reEuested the 'enant to co=operate to the +wner in the proposed re=develop#ent of the said
8roperty and for that purpose to vacate the said 'enanted 8re#ises& in consideration of the
+wner agreeing to provide and allot to the 'enant the per#anent alternate acco##odation
of an area ad#easuring 555555 SE, Ft, carpet area& free of cost and on +wnership %asis& in
the new %uilding proposed to %e constructed %y the +wner on the said 8roperty in lieu of the
said 'enanted 8re#ises on such ter#s and conditions as have %een #utually agreed %y and
%etween the#,
V)))0 After due negotiations& the 8arties hereto have #utually agreed to enter into this writing
recording the Agree#ent arrived at %etween the 8arties hereto,

0DG :=<B<$DB< :=I9 7EB<<;<0: GI:0<99<:= 70D I: I9 =<B<!F 7EB<<D !F
70D !<:G<<0 :=< /7B:I<9 =<B<:D 79 $DCCDG92

operative part of this Agree#ent as if the sa#e are repeated herein ver%ati#, )t is further
agreed that this Agree#ent shall supersede all previous oTers& letters& agree#ents&
arrange#ents and understandings %etween the parties hereto in this %ehalf1
3, 'he +wner here%y agrees and con@r#s that the 'enant is a lawful #onthly tenant of the
+wner and is in use& occupation and possession of one residential pre#ises %earing Roo#
No, D& ad#easuring 5555555 SE, Ft, carpet area on 555 9oor& in the said ;Bir Mutir< Fuilding
.hereinafter referred to as 6t+e said :enanted /remises80 standing on all that piece or
parcel of land or ground& %earing C,',S, Nos, K!4& K!46 to K!46!& of Village Malad .North0&
'aluka Forivli& in the Registration Su%=district of Fandra District Mu#%ai Su%ur%an& situate&
lying and %eing at Ra#chandra (ane& Malad .:est0& Mu#%ai=I?? ?KI& and #ore particularly
descri%ed in the Schedule hereunder written .hereinafter referred to as 6t+e said
/ro*erty80

D, 'he 'enant doth here%y declares& con@r#s and states that2=

.a0 save and e-cept herself no one else is a tenant and6or entitled to the said 'enanted
8re#ises or any portion thereof and that no one else save and e-cept the 'enant has or have
any share& right& title& interest& clai# or de#and of any nature whatsoever into or upon the
sa#e or any part thereof,

.%0 there is no charge& #ortgage& lien& attach#ent& %efore or after /udg#ent& pending
litigation& custodia (egis& or any encu#%rances& i#pedi#ents or restriction of any nature
whatsoever against or in respect of the 'enanted 8re#ises,

a, the 'enant alone has full and a%solute right and authority to Euit& vacate& surrender&
yield up and give up possession thereof and tenancy6occupancy rights in respect of
the 'enanted 8re#ises& free fro# all clai#s& de#ands and encu#%rances& as
aforesaid to and in favour of the +wner6Developers,

a, the 'enant has not in any #anner created third party rights of any nature whatsoever
into or upon the said 'enanted 8re#ises or any part thereof,

, 'he +wner has represented to the 'enant that after settling and o%taining vacant
possession fro# all the tenants6occupants occupying their respective pre#ises in the
said ;Bir Mutir< %uilding now standing on the 8roperty& including the 'enant herein&
she is proposing to re=develop the said 8roperty& interalia& %y de#olishing all the
structures at present e-isting on the said 8roperty& including the said 'enanted
8re#ises and constructing thereon one or #ore new %uilding6s& interalia %y
consu#ing and utiliLing the land %ase FS) of the said 8roperty and all additional FS)
as #ay %e per#issi%le under the provisions of the a#ended Develop#ent Control
Regulations& 44& for Breater Mu#%ai,

, )n consideration of the +wner having agreed to provide to the 'enant the per#anent
alternate acco##odation& in the for# of one residential self contained 9at& free of
costs and on ownership %asis& as hereinafter provided& the 'enant here%y agrees and
undertakes to surrender and relinEuish her tenancy and occupancy rights in respect
of the said 'enanted 8re#ises and all her right& clai# and interest therein and
thereto& unto and in favour of the +wner& as hereinafter provided,

, 'he 'enant agrees and undertakes to vacate and deliver to the +wner or her
no#inees the Euiet& vacant and peaceful possession of the said 'enanted 8re#ises&
without raising any o%/ection or e-cuse within a period of D? .'hirty0 days fro# the
date of the +wner o%taining an ),+,D, in respect of the plan for construction of a new
%uilding and giving inti#ation thereof to the 'enant& and the sa#e is the %asis on
which the +wner is entering into this Agree#ent with the 'enant, 'he 'enant has
agreed that since she is not residing in )ndia& the +wner shall neither %e lia%le to
provide to the 'enant the te#porary or transit acco##odation nor would %e lia%le to
pay to the 'enant any #onthly co#pensation in respect thereof,

, After the 'enant having handed over to the +wner or her no#inees the Euiet& vacant
and peaceful possession of the said 'enanted 8re#ises& the +wner or her no#inees
shall %e entitled to de#olish the sa#e and the 'enant shall have no o%/ection to the
de#olition of the said 'enanted 8re#ises and6or any other part of the said ;Bir Mutir<
%uilding and the 'enant undertakes not to #ake any co#plaint or raise any o%/ection
or otherwise cause o%struction to the +wner or her no#inees in co##encing and
co#pleting the redevelop#ent and6or construction of the new %uildings on the said
8roperty& and on co#pletion of the construction of such new %uildings on the said
8roperty& to take up the new pre#ises as her per#anent alternate acco##odation& in
lieu of the said 'enanted 8re#ises& as provided herein%elow,

, 'he +wner here%y agrees and undertakes to allot and provide to the 'enant& as and
%y way of per#anent alternate acco##odation& free of costs and on O+wnership
FasisO& residential pre#ises %earing Flat No,5555& of an area ad#easuring appro-,
555555 SE, Ft, carpet area& on 55 Floor in the said new %uilding proposed to %e
constructed %y the Developers on the said 8roperty& as shown in red colour %oundary
lines on the tentative 9oor plan anne-ed hereto as 7nnexure"II .hereinafter referred
to as It+e said ne. /remisesI0& in lieu of the said 'enanted 8re#ises, 'he said new
pre#ises shall %e provided with the A#enities as per the list thereof anne-ed hereto
as 7nnexure"III1

, 'he +wner shall %e entitled to su%#it the plans and proposals for re=develop#ent of
and construction on the said 8roperty& as she #ay dee# @t and proper, 'he +wner
shall also %e entitled to a#end& revise or #odify the said plan6s or to su%#it new
plans and proposals as she #ay dee# @t and proper or as #ay %e reEuired %y her
Architects and6or Municipal Corporation of Breater Mu#%ai& provided& however&
there%y the area of the said new pre#ises proposed to %e allotted to the 'enant shall
not %e reduced, 'enant here%y e-presses her irrevoca%le consent and no o%/ection to
the rights of the +wner& without further reference to the 'enant& to su%#it& a#end&
revise or #odify the plan6s for construction of the said new %uilding6s or to su%#it
new plans and proposals and the 'enant here%y irrevoca%ly agrees to sign necessary
for#s& consent letters& writings& declarations& etc, whenever reEuired %y the +wner
and6or the Developers appointed %y the +wner and6or the Municipal Corporation of
Breater Mu#%ai and6or any other authorities& at the costs of the +wner or her
Developers& if any, 'he 'enant shall %e lia%le to sign and su%#it all such for#s&
consent letters& writings& declarations& etc, within a period of ! .Seven0 days fro# the
date of receipt of reEuisition in that %ehalf fro# the +wner or her Developers& if any,
)t is speci@cally agreed that if& for any reason& the 'enant fails or neglects to sign
and6or to return %ack such for#s& consent letters& writings& declarations& etc, to the
+wner6Developers duly signed and e-ecuted %y her& within the said period of !
.Seven0 days& the sa#e shall %e treated as and dee#ed to have %een signed and
e-ecuted %y the 'enant,

, )t is agreed that as and when the said new pre#ises is ready for occupation and
occupation certi@cate in respect thereof %eing issued %y the Municipal Corporation of
Breater Mu#%ai ,& the 'enant shall %e %ound to take possession thereof& within a
period of D? .'hirty0 days fro# the date of the notice in writing given %y the +wner or
her developer& if any& calling upon the 'enant to take possession of the said new
pre#ises, 'he 'enant shall %e lia%le to provide to the +wner& fro# ti#e to ti#e& in
writing her last address for this purpose, Fefore taking possession of the said new
pre#ises& the 'enant shall %e %ound and lia%le to #ake pay#ent of all a#ounts
#entioned in Clause No,3 herein%elow, . Note2 'his clause should %e nu#%ered
Clause 0,

, 'he +wner agrees& assures and undertakes to the 'enant that she will co##ence
construction of the new %uilding on the said property within D? .'hirty0 days fro# the
date of o%taining the co##ence#ent certi@cate for construction of the said new
%uilding and acEuiring vacant possession of the e-isting structures standing on the
said 8roperty fro# their respective tenants6occupants& including the 'enant herein,
'he said new pre#ises shall %e constructed as per the sanctioned plans and the
co##ence#ent certi@cate so issued %y the Municipal Corporation of Breater
Mu#%ai, 'he +wner herself or through her Developers shall co#plete the
construction of the said new pre#ises and will oTer possession of thereof to the
'enant within a period of 3I #onths fro# the date of sanction and approvals of all
the plans6licencesG for construction on the said 8roperty with an e-tension of K
#onths& for o%taining occupation certi@cate with water and electricity connection& %ut
not in any case %eyond DK #onths fro# the date of co##ence#ent certi@cate&
unless prevented %y e-ercise of reasona%le care and caution .;Force Ma/eure Cvent<0,
Such Force Ma/eure Cvent #ay include a govern#ental action& laws& orders&
regulations& directions or reEuests& or as a result of events& such as war& acts of pu%lic
ene#ies& terroris#& @res& 9oods& acts of Bod or any other cause %eyond the
reasona%le control of the +wner6 or her developer which could not have %een
foreseen and prevented %y e-ercise of reasona%le care and caution,
. Note2 'his clause should %e nu#%ered Clause ?0,

, 'he 'enant agrees and undertakes to %ear and pay all outgoings and ta-es in respect
of the new pre#ises and the additional area& if any& fro# the date of the +wner
oTering to the 'enant possession thereof& regularly and without co##itting any
default in #aking pay#ent thereof& to the +wner or to organiLation such as the
Society or (i#ited Co#pany or Condo#iniu# or any other Association of 8ersons& as
the case #ay %e, At the ti#e of taking possession of the said new pre#ises& the
'enant shall pay to the +wner such su#& as shall %e paid6paya%le %y the purchasers
of other pre#ises in the said new %uilding& such as #e#%ership fees& share #oney&
for#ation charges of such organiLation& electric #eter deposit& water #eter deposit&
K #onths advance #aintenance charges of the said new pre#ises etc,

, )t is agreed that after the +wner co#pleting in all respect the constructions of the
new %uilding which she is intending to construct on the said 8roperty and after the
sa#e are ready for occupation and after the appropriate organiLation is for#ed and
registered co#prising of the occupants of all the %uildings so constructed and only
after all salea%le pre#ises in the said new %uilding are sold and disposed of %y the
+wner and6or her Developers& if any appointed& and she6they receive all dues and
a#ounts receiva%le %y her6the# in ter#s of her6their respective Agree#ents with the
allottees and purchasers of all the pre#ises in the said %uilding& including fro# the
'enant herein& the +wner will e-ecute the Deed of Conveyance in respect of the said
8roperty& in favour of such organiLation& provided& however& all costs& charges and
e-penses for e-ecution and registration of the said deed of conveyance& including
sta#p duty& registration charges and legal fees of the +wner& shall %e paid %y the
said organiLation,

, 'he +wner shall #ake her %est eTorts to cause the Municipal Corporation of Breater
Mu#%ai to assess the said new pre#ises proposed to %e allotted to the 'enant for the
purpose of levying the property ta-es& at the sa#e rate as the said 'enanted
8re#ises is assessed at present, Aowever& in case the assess#ent ta- is increased in
respect of the said new pre#ises& the 'enant shall %e lia%le to %ear and pay the
increased assess#ent in respect of the said new pre#ises& in the #anner aforesaid&
without raising any o%/ection or dispute in respect thereof,

, 'ill the +wner oTer to 'enant the possession of the new pre#ises in the new %uilding
as aforesaid& the right& title and interest of the 'enant& including tenancy rights in the
said 'enanted 8re#ises& shall continue to e-ist and re#ain valid and su%sisting,
Aowever& on and fro# the date of the +wner and6or her Developers& if any& oTering
to the 'enant& the possession of the new pre#ises in the new %uilding as aforesaid&
the 'enant shall cease to have any right& clai# or interest of any nature whatsoever
in respect of the said 'enanted 8re#ises or part thereof and her right of tenancy in
respect of the said 'enanted 8re#ises shall cease to e-ist and the sa#e shall ipso
facto stand surrendered unto the +wner,

DI"D, Save as provided hereina%ove& the +wner here%y agrees and undertakes not
to create any third party rights or interest of any nature whatsoever& into or upon the
new pre#ises allotted and agreed to %e handed over to the 'enant and6or to part
with possession thereof to any one else e-cept to the 'enant, (ikewise& the +wner
shall not clai# any right& title or interest of any nature whatsoever& into or upon the
new pre#ises& adverse to that of the 'enant and the +wner shall handover the Euiet&
vacant and peaceful possession thereof to the 'enant strictly in ter#s hereof,
Si#ilarly the 'enant also agrees and undertakes not to create any third party rights
into or upon the said 'enanted 8re#ises or part with possession thereof or any part
thereof to any third party& save and e-cept to the +wner or her no#inees as provided
herein,

, All costs& charges and e-penses of and incidental to this Agree#ent& including sta#p
duty and registration charges on these presents& and any other or further deeds or
docu#ents that #ay %y e-ecuted in pursuance hereof shall %e %orne and paid %y the
'enant alone, Cach party shall %ear and pay the professional fees of their respective
Advocates and Solicitors& and other costs& charges and e-penses,

I0 GI:0<99 G=<B<D$ the 8arties hereto have hereunto set and su%scri%ed their
respective hands the day and the year @rst hereina%ove written,

0.4 -3.4D7/4 %B894 64F4664D 08

All that piece or parcel of land or ground& ad#easuring !D,33 SEuare 7ards eEuivalent to
ID3,I3 SEuare Meters as per title docu#ents and on actual #easure#ent ad#easuring
K3> SEuare 7ards eEuivalent to D>",KK SEuare Meters and as per 8roperty Register Cards
and City Survey Records ad#easuring KD,3 SEuare Meters or therea%outs& ZMindly con@r#
area of the land, Area #entioned in the property card and deed of recti@cation is ID,3 sE,
#trs,[ %earing Municipal ;8< :ard Nos,IDK!& IDK"& IDK4 and ID!? and Street Nos,KI& KI6&
KI63 and KI6D and %earing C,',S, Nos,K!4&K!46 to K!46! of Village Malad .North0& 'aluka
Forivli& in the registration Su%=District of Fandra& District Mu#%ai Su%ur%an situate& lying and
%eing at Ra#chandra (ane& Malad .:est0& Mu#%ai=I?? ?KI& together with the %ungalow
known as ;Bir Mutir<&

%y the :ithinna#ed +:NCR 0
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;J91 ;<=:7 N D1&
!?& Nagindas Master Road&
Fort& Mu#%ai=I?? ?3D
SPFPRFAN +FF)CC2
K& Bopal Niwas& 3& 'urel 8akhadi Road&
+T Jhakaria Road& Malad .:est0&
Mu#%ai=I?? ?KI
A63?4 Alternate Acco#odation

7B:IC<9 D$ 7EB<<;<0: $DB /<B;70<0: 7D;;DD7:ID0 #ade at Mu#%ai this
5555 day of August in the Christian 7ear 'wo 'housand 'en .3??0 FC':CCN ;J91 E7F7:BI
<0:<B/BI9<9> a partnership @r# registered under the )ndian 8artnership Act& 4D3 having
its registered oNce at K& Narayan Mansion& KKA& Dr, A#%edkar Road& Dadar .Cast0& Mu#%ai
I?? ?I& hereinafter referred to as 6t+e De%elo*ers8 .which e-pression shall unless it %e
repugnant to the conte-t or #eaning thereof shall #ean and include the partner or partners
for the ti#e %eing of the said @r#& their survivor or survivor and their heirs&
e-ecutors and ad#inistrators0 of the F)RS' 8AR' 07BI;70 =DB;A9JI D7BAG7CC7 in his
capacity as 'rustee under Deed of Settle#ent dated !
th
March& 4D? registered with Su%=
Registrar of Assurances at Fo#%ay under Serial No, 3?" created %y Ja#shed/i Merwan/i
Fitter& having his address at Fharucha Fuilding& !& Bilder (ane& 'ardeo& Mu#%ai Y I?? ??"&
hereinafter referred to as 6t+e onOrming /arty8 .which e-pression shall unless it %e
repugnant to the conte-t or #eaning thereof %e dee#ed to #ean and include his respective
heirs& e-ecutors& ad#inistrators and assigns0 of the SCC+ND 8AR' AND 415 P7BI0<
07#BDP< =DDIG7C7 alias P7BI0< <BA=9=7= /7:<C 425 =A:D?9=I !ABJIP
DD/?3& Near Mahi# FaLar& 8ost +Nce& (ady Ja#shed/i Road& Mahi#
.:est0& Mu#%ai Y I?? ?K& hereinafter collectively referred to as 6t+e $lat D.nersI .which
#ean and include their respective heirs& e-ecutors& ad#inistrators and assigns0 of the 'A)RD
8AR'2

G = < B < 7 9 H

A, Nari#an Aor#us/i Daruwalla of Mu#%ai )ndian Xoroastrian )nha%itant& %eing the
'rustee under the Deed of Settle#ent dated !
th
March& 4D? and registered at the oNce of
the Su%=Registrar of Assurances at Fo#%ay under Serial No, 3?" created %y Ja#shed/i
Merwan/i Fitter and +thers was a%solutely seiLed and possessed of or otherwise well and
suNciently entitled to all that piece or parcel of land or part of the 8ension and 'a- 'enure
.the cess whereof is now redee#ed0 %eing part or portion of the property called ;8ileEueir
Cheer< situate lying and %eing at upper Mahi#& (ady Ja#shed/i Road& outside& the Fort and
in the Registration Su%=District and District Mu#%ai City and Mu#%ai Su%ur%an containing
%y ad#easure#ent according to the Cadastral Survey KI"=? sE, #trs, .hereinafter
referred to as ;the said plot of land<0 together with the #essuages tene#ents dwelling
houses and structures standing thereon .hereinafter referred to as ;the said structures<0
registered in the Fooks of the Collector of (and Revenue under New Nos,A6II?K and DK!!
New Survey Nos, D6I4 %ut now D6I! and D" Cadastral Survey Nos, >4K=!I4 and K> of
Mahi# Division #ore particularly descri%ed in the First Schedule hereunder written .unless
and until referred to individually the said plot of land together with the said structures are
collectively referred to as ;t+e said *ro*erty<0, 'he structures were partly occupied %y
tenants6occupantsJ

F, 'he structures standing on the said plot of land %eing cessed and having %een
constructed prior to 4I? .as per the Develop#ent Control Regulations No, DD.!0 of 440&
redevelop#ent of the said property was per#issi%le& partly with FS) at 3,?? where portion of
the said property is aTected %y Coastal Regulation Xone and %alance portion with FS) at 3,>&
su%/ect however to the provisions of Maharashtra Aousing and Area Develop#ent Act& 4!K
.MAADA0J

C, 'he Flat +wners herein were the present %ene@ciaries of the 'rust and were in use
and occupation of the First Floor of Fuilding No, DD and IDA and one garage in Fuilding no
IDD .hereinafter referred to as ;t+e said existing *remises<0J

D, Fy and under a Develop#ent Agree#ent dated 3>
th
January& 44 read with
Con@r#ation Deed dated 33
nd
March& 3??3 duly registered at the oNce of the Su%=Registrar
of Assurances at Mu#%ai under Serial No, D?? of 3??3 .;the said Develop#ent
Agree#ent<0& the then 'rustees with the consent and con@r#ation of the Fene@ciaries have
granted and conferred develop#ent rights in respect of the said property unto the
Developers herein for the consideration and upon the ter#s and conditions #ore particularly
setout thereinJ

C, )n ter#s of the aforesaid Develop#ent Agree#ent& the Developers negotiated and
settled with all the tenants6occupants of the said property for o%taining vacant possession of
the tenanted pre#ises and structures in their respective occupation to facilitate construction

F, )n ter#s of the aforesaid Develop#ent Agree#ent& the Developers are reEuired to
construct and handover to the Fene@ciaries 6occupiers of the said e-isting pre#ises& 3 .two0
self contained 9ats on ownership %asis ad#easuring 3"?? sE,ft, in the aggregate and two
covered garages each of the siLe of 33 - ? feet or whatever #a-i#u# siLe as #ay %e
per#issi%le %y the Fo#%ay Municipal Corporation and as per the Develop#ent Control
Rules& free of cost in the new %uilding to %e constructed on the front side of the said
property as setout thereinJ

B, Accordingly& the Developers o%tained per#issions for redevelop#ent under P(C Act&
4!K fro# the oNce of Additional Collector& P(C& Breater Mu#%ai and fro# Mu#%ai Fuilding
Repairs and Reconstruction Foard .MAADA0 for re=develop#ent of said property vide orders
dated 3K
th
Nove#%er& 3??3 and I
th
Septe#%er& 3??3& respectivelyJ

A, 'he Developers have got the %uilding plans sanctioned and approved %y the MCBM
for construction of two %uildings on the said property na#ely& the Fuilding for #ainly
reha%ilitating the tenants6occupants on the said property vide )nti#ation +f Disapproval
.),+,D,0 %earing No, CF643KI6BN6A dated D
th
Dece#%er& 3??3 and Co##ence#ent
Certi@cate .C,C0 dated D
rd
May& 3??D& such Reha%ilitation Fuilding to %e located on the front
side of the said property .hereinafter referred to as Othe reha% %uildingO0 and the Sale
Fuilding for sale to prospective purchasers to %e known as OFortune AeightsO co#prising of
stilt and D upper 9oors vide )+D %earing No, CF643KD6BN6A dated D
th
Dece#%er& 3??3&
such Sale Fuilding to %e located on the rear side of the said property .hereinafter referred to
as Othe Sale %uildingO0J

), 'he parties hereto have arrived at a settle#ent where%y the %ene@ciaries have
agreed to relinEuish their right to %e allotted 3 .two0 self contained 9ats in the reha% %uilding
in lieu of the Developers allotting 3 .two0 self contained 9ats to %e allotted free of cost in the
Sale %uildingJ

A, )n view of the fact that MCBM does not per#it covered garages to %e constructed&
the parties hereto have arrived at a settle#ent where%y the Developers have agreed
to allot one stilt car parking space and one open car parking space to the
Fene@ciariesJ

A, Ppon sanction of plans& it was #utually agreed %y and %etween the parties that the
Fene@ciaries shall %e allotted the 3 .two0 self contained 9ats as provided in Recital
OFO hereina%ove in the Sale Fuilding in place and stead of allotting the said 3 .two0
self contained 9ats in the reha% %uildingJ

(, Accordingly upon sanction of the plans in respect of the Sale Fuilding to %e known as
;Fortune Aeights< the parties hereto have #utually agreed and ear#arked the Flat No,>?3
ad#easuring 4I sE,ft, .carpet area0 and Flat No,>?D ad#easuring !D sE,ft, .carpet area0
on the >
th
9oor and one open car parking space no, D and stilt car parking space no,? in
the co#pound of the Sale Fuilding to %e known as ;Fortune Aeights< to %e allotted to the
%ene@ciariesJ

M, )n ter#s of the aforesaid Develop#ent Agree#ent and as #utually agreed& the Flat
+wners are entitled to the %ene@t of allot#ent one self contained 9at %earing Flat No, >?D
ad#easuring !D sE, ft, .carpet area0 on the >
th
9oor and one open car parking space No, D
in the co#pound of the said Sale Fuilding to %e known as ;Fortune Aeights< on ownership
%asis free of cost agreed to %e handed over %y the Developers and accordingly the
Developers have agreed to allot the sa#e to the Flat +wners as and %y way of per#anent
alternate acco##odation on ownership %asis free of costs in the said Sale Fuilding
constructed on the rear side of the said property .hereinafter collectively referred to as ;t+e
said *remises<0J

N, 'he Developers have co#pleted construction of the said Sale Fuilding and have
o%tained +ccupation Certi@cate dated 3!
th
April 3??!, A copy of the +ccupation Certi@cate
dated 3!
th
April 3??! is anne-ed hereto as 700<@AB< I7IJ

+, 'he Developers have entered into a prescri%ed Agree#ent with the Architect& M6s,
Ra#nani R Associates registered with the Council of Architects and also appointed Ashit
Vora R Associates as Structural Cngineers for preparing structural designs and drawings and
speci@cations of the %uilding and the Flat +wners accept the professional supervision of the
said Architect and the said structural Cngineer till the co#pletion of the %uildingJ

8, 'he Flat +wners have de#anded fro# the Developers and the Developers have given
inspection to the Flat +wners of all the docu#ents of title relating to the said property& the
plans& designs and speci@cations prepared %y the Developers Architect M6s, Ra#nani R
Associates and of such other docu#ents as are speci@ed under the Maharashtra +wnership
Flats .Regulation of the 8ro#otion of Construction& Sale& Manage#ent and 'ransfer0 Act&
4KD and the Rules #ade thereunderJ

$, A copy of the Certi@cate of 'itle issued %y Ms, Joyita Mitra& Advocate R Solicitor of the
Developers as well as the copy of the property register card in respect of the said property
and copy of the 9oor plan of the said pre#ises agreed to %e allotted to the Flat +wners
approved %y the concerned local authority have %een anne-ed hereto and
#arked 7nnexures 6!8> 68 and 6D8 respectivelyJ

R, Pnder the provisions of Section I of the +wnership Flats Act& the Developers are
reEuired to e-ecute a written agree#ent in favour of the Flat +wners herein and accordingly
these presents are e-ecuted and registered under the provisions of )ndian Registration ActJ

S, 'he Flat +wners agree that upon the Developers allotting the said pre#ises in the
newly constructed Sale Fuilding< to the Flat +wners& the Developers shall have co#plied
with the reEuire#ent of handing over one self contained 9at as was agreed in Clause 3 of
the said Develop#ent Agree#ent and accordingly the parties are desirous of recording the
co#pliance %y the Developers of their o%ligations as appearing hereafter,

/7B:I<9 =<B<:D 79 $DCCDG9H"


3, 'he Developers have constructed the said Sale Fuilding to %e known as ;Fortune
Aeights< co#prising of stilt and D upper 9oors or such upper 9oors as #ay %e sanctioned
fro# ti#e to ti#e on the said property #ore particularly descri%ed in the First Schedule
hereunder written in accordance with the plans speci@cations and designs approved %y FMC
and other local authorities which have %een seen and approved %y the Flat +wners and with
only such variations and #odi@cations as the Developers #ay consider necessary or as #ay
%e reEuired %y the concerned authorities or Bovern#ent to %e #ade in the# provided that
the Developers shall not #ake any variations or #odi@cations which #ay adversely aTect
the 9at& of the Flat +wners and have o%tained the +ccupation Certi@cate dated 3!
th
April
3??! in respect thereof,
D, 'he Developers here%y agree to allot and handover to the Flat +wners& Flat No,>?D
ad#easuring !D sE, ft, .carpet0 on the >
th
9oor in the said Sale Fuilding to %e known as
;Fortune Aeights< constructed on the rear side of the said property as and %y way of
per#anent alternative acco##odation together with .one0 open car parking space no, D
in the co#pound of the said Sale Fuilding free of cost and on ownership %asis and the Flat
+wners agree to take over and accept the aforesaid allot#ent6transfer, 'he said pre#ises is
#ore particularly descri%ed in the Second Schedule hereunder written,

I, 'he Flat +wners declare& con@r# and record that the Developers have co#plied and
discharged with the o%ligations reEuired to %e co#plied %y the Developers under the said
Develop#ent Agree#ent and under the said +rder fully and eTectively and to his6her6their
co#plete satisfaction and that they shall hereafter have no further clai#6de#and of
whatsoever nature or otherwise in any #anner whatsoever against the Developers herein
and that the Flat +wners doth here%y inde#nify and keep the Developers inde#ni@ed
against any such clai#6de#and %eing #ade %y any person clai#ing any right& interest
through or under the# at any ti#e hereafter,

>, )##ediately on or %efore e-ecution of this presents the Developers have handed
over vacant& Euiet and peaceful possession of the said pre#ises to the Flat +wners& in full
and @nal settle#ent of all their clai#s6%ene@ts6de#ands in respect of said e-isting pre#ises
and6or through under Clause 3 of the said Develop#ent Agree#ent and the Flat +wners
declare that they have taken possession of the said pre#ises and are co#pletely satis@ed
with the a#enities and Euality6work#anship of a#enities provided in the said pre#ises,

K, 'he @-tures& @ttings and a#enities provided in the said pre#ises and the #aterials
used in the construction of the said Sale %uilding and the speci@cations of the said Sale
%uilding are those as have %een #utually agreed,

!, )t is agreed& declared and con@r#ed that the percentage of the undivided interest of
the Flat +wners in the co##on area and facilities li#ited or otherwise pertaining to the said
pre#ises shall %e in proportion of the area of the said pre#ises agreed to %e provided
hereunder to the total co##on areas and facilities li#ited or otherwise in the said Sale
%uilding,

", 'he Flat +wners and their no#inee6s shall use the Flat or any part thereof only for
the purpose of residence and shall use the car parking space for parking of light #otor
vehicles,

4, 'he Flat +wners shall si#ultaneously upon the e-ecution hereof %e lia%le to deposit
with the Developers the following 2

.a0 a su# of Rs, D>?6= .Rupees 'hree Aundred Fifty only0 as share #oney for #e#%ership
for the Co=operative Aousing Society (td, to %e for#ed of all the 8urchasers6Allotees of the
said Sale %uildingJ

.%0 a further su# of Rs, ???6= .Rupees +ne 'housand only0 as deposit for the pay#ent
%y the Flat +wners towards their contri%ution to the #unicipal ta-& water charges and the
#aintenance charges of the said property& till the Co=operative Aousing Society (td, of the
Flat 8urchasers6Allotees is for#ed and registeredJ

.c0 a further su# of Rs,3>?6= .Rupees 'wo Aundred Fifty only0 as their share in the
profession fees for the DeveloperGs Advocate for investigation of title and preparing
Agree#ent and Conveyance and other necessary docu#entsJ

.d0 a further su# of Rs,3>?6= .Rupees 'wo Aundred Fifty only0 as their provisional share
towards out of pocket costs& charges and e-penses such as sta#p duty& registration charges
etc, on the Agree#ents and Conveyance and other necessary docu#ents and for for#ation
and registration of Co=operative Aousing Society (td, 'he Flat +wners shall pay the %alance
of their share of such out of pocket costs as and when called upon %y the Developers,

.e0 a su# of Rs,3>?6= .Rupees 'wo Aundred Fifty only0 every #onth fro# the date of
delivery of possession of the new pre#ises to the# as their contri%ution towards #unicipal
ta-es& water charges& #aintenance charges of the said property until the sa#e is transferred
to the Co=operative Aousing Society or other association of the Flat 8urchasers6Allottees of
the said Sale %uilding, 'he Flat +wners undertake to pay to the Developers such #onthly
contri%ution regularly and shall not withhold the sa#e for any reason whatsoever,

?, 'he Flat 8urchasers in the said Sale %uilding and the Flat 8urchasers6'enant Aolder.s0
in the said reha% %uilding shall for# separate Co=operative Societies for their respective
%uildings, Ppon co#pletion of %oth %uildings and within a reasona%le ti#e the 'rustee at the
reEuest of the Developer shall e-ecute Deed of Conveyance of the said plot of land and
%uildings constructed thereon in favour of the Co=operative Society for#ed %y 9at
purchasers in the said Sale %uilding and which Co=operative Society in turn will grant lease
to the society which would %e for#ed %y the tenants6occupants residing in the said reha%
%uilding in respect of the said reha% %uilding and the land %eneath it, 'he Flat +wners are
aware of the sa#e and gives their irrevoca%le No +%/ection for the sa#e, +n separate Co=
operative Societies %eing registered the rights of the Flat 8urchaser as the purchaser of the
said pre#ises and Flat +wners herein will %e registered and regulated %y the provisions of
the said Co=operative Society and the Rules and Regulations fra#ed %y the#& %ut su%/ect to
the ter#s of this Agree#ent,

, +n the co#pletion of entire develop#ent& the Developers shall co=operate& with the
Flat 8urchaser in for#ing& registering and incorporating Co=operative Societies as envisaged
herein and for the purpose fro# ti#e to ti#e sign and e-ecute the application for
proposed society and duly @ll in& sign and return to the Developers within four days of the
sa#e %eing forwarded %y the Developers to the Flat +wners& so as to ena%le the Developers
to register the society of the Flat Aolder under section ? of the said Act within the ti#e li#it
prescri%ed %y rule " of the Maharashtra +wnership Flats .Regulation of the 8ro#otion of
Construction& Sale& Manage#ent and 'ransfer0 Act& 4KI or the co#pletion of develop#ent
of %uildings whichever is later, No +%/ection shall %e taken %y the Flat +wners if any changes
or #odi@cations are #ade in the draft %ye=laws as #ay %e reEuired %y the Registrar of Co=
operative Societies or any other co#petent Authority, 'he rights of #e#%ers of the Co=
operative Society %eing su%/ect to the rights of the Developers under this Agree#ent and
the vesting docu#ents to %e e-ecuted in pursuance thereof, :hen the Co=operative
Societies are registered and when all the a#ounts due and paya%le to the Developers in
respect of all the 9ats and other pre#ises in the %uildings are paid in full as aforesaid& the
Developers shall .su%/ect to their o%taining the per#ission reEuired under the law and rules
and regulations0 e-ecute6get e-ecuted the necessary vesting docu#ents .in keeping with
this Agree#ent and the rights of the Developers contained in this Agree#ent of the said
property descri%ed in the Schedule hereunder written0 e-ecuted,

3, 'he Developer %e entitled to consu#e additional FS) availa%le in respect of the said
plot of land till the registration of the society and e-ecution of assign#ent6conveyance in its
favour and thereafter the sa#e shall %e availa%le to the society,

D, 'he Developers shall have a right until %oth the %uildings are co#pleted i,e, the Sale
%uilding and the reha% %uilding and two proposed co=operative housing societies are for#ed
as envisaged and the land #ore particularly descri%ed in the First Schedule hereunder
written is conveyed to it& to #ake additions raise storeys and put up additional structures as
#ay %e per#itted %y Municipal and other co#petent authorities, Such additions& structures
and storeys and terrace thereon will su%/ect to the right of the Developers as provided in
said Develop#ent Agree#ent& %e the sole property .to the e-clusion of the Flat +wners who
will %e entitled to dispose it oT in any way they choose and the Flat +wners here%y consents
to the sa#e and agrees not to raise any o%/ection for whatsoever reason to the sa#e, 'his
consent shall %e considered to %e 9at 8urchaserSs consent conte#plated %y section !.i0.ii0 of
'he Maharashtra +wnership Flats Act& 4KI,

I, 'he Flat +wners shall have no clai# whatsoever e-cept in respect of the said
pre#ises, All the open spaces& unallotted 9ats and other spaces in the %uilding& etc, will
re#ain the a%solute property of the Developers and the Developers if so desire& #ay /oin in
as the #e#%ers of the Co=operative Society in respect of such unallotted 9ats and other
pre#ises and shall have full right a%solute power and authority to deal with and to sell&
transfer& lease& let or otherwise dispose of the sa#e in any #anner and for such
consideration& and on such ter#s and conditions& as they #ay in their sole and a%solute
discretion dee# @t and proper and the Co=operative Society shall %e %ound to ad#it as
#e#%ers& the purchasers of such pre#ises without charging in any pre#iu# or other e-tra
pay#ent or charges,

>, )n the event of the society %eing for#ed and registered %efore the sale and disposal
%y the Developers of all the 9ats in the said %uildings the power and authority of the society
so for#ed in all #atters pertaining to the unsold units6pre#ises shall %e su%/ect to the
overall authority and control of the Developers& as also over all or any of the #atters
concerning& the construction and co#pletion of the said %uildings and all a#enities
appertaining to the sa#e and in particular and the Developers shall have a%solute authority
and control as regards the unsold 9ats6garages6terrace6parking space under stilt6open
parking space in the said %uildings and the said reha% %uilding and the disposal thereof,

K, 'he Flat +wners with intention to %ind all persons into whosoever hands the said
pre#ises #ay co#e& doth here%y covenants with the Developers as follows2=

a0 'o #aintain the said pre#ises at Flat +wners own cost in good tenanta%le repair and
condition fro# the date of possession of the said pre#ises is taken and shall not do to or
suTered to %e done in or to %e %uilding in which the said pre#ises is situated staircase or
any passages which #ay %e against the rules& regulations and %ye=laws or concerned local
or any other authority or change6alter or #ake additions in or to the %uilding in which the
said pre#ises situated and in the said pre#ises itself or any part thereof,

%0 Not to store in the pre#ises any goods which are of haLardous& co#%usti%le or
dangerous nature or are so heavy as to da#age the construction of structure of the %uilding
in which the pre#ises is situated or storing of which goods is o%/ected to %y the concerned
local or other authority and shall to carry on %e carried heavy packages to upper 9oors
which #ay da#age or likely to da#age the staircase& co##on passages or any other
structures of the %uilding in which the 9at is situated including entrances of the %uilding in
which the said pre#ises is situated and in case any da#age is caused to the %uilding in
which the pre#ises is situated or the 9at on account of negligence or default of the Flat
+wners in this %ehalf& the 'rustees shall %e lia%le for the conseEuences of the %reach,

c0 'o carry at their own cost all internal repairs to the said pre#ises and #aintain the
pre#ises in the condition& state and order in which it was delivered %y the Developers to the
Flat +wners and shall not do or suTering to %e done anything in or to the %uilding in which
the pre#ises is situated or the pre#ises which #ay %e given the rules and regulations and
%ye=laws of the concerned local authority or other pu%lic authority& in the event of the Flat
+wners co##itting any act in contravention of the a%ove provision& the Flat +wners shall
%e responsi%le and lia%le for the conseEuences thereof to the concerned local authority
and6or other pu%lic authority,

d0 Not to de#olish or cause to %e de#olished the said pre#ises or any part thereof& nor
at any ti#e #ake or cause to %e #ade any addition or alterations of whatever nature in or to
the 9at or any part thereof& nor any alteration in the elevation and outside colour sche#e of
the Sale Fuilding in which the pre#ises is situated and shall keep the portion& sewers&
drains& pipes in the said pre#ises and appurtenance thereto good tenanta%le repair and
condition and in particular so as to support shelter and protect the other parts of the
%uilding in which the said pre#ises is situated and shall not chisel or in any other #anner
da#age to colu#ns& %ea#s& walls& sla%s or RCC& 8aradis& or other structural #e#%ers in the
9at without the prior written per#ission of the Developers and6or the society,

any insurance of the said land and the %uilding in which the said pre#ises is situated or any
part thereof or where%y any increase pre#iu# shall %eco#e paya%le in respect of the
insurance,

thrown fro# the said pre#ises in the co#pound or any portion of the said land and the
%uilding in which the said pre#ises is situated,

g0 'he Flat +wners shall not let& su%=let& transfer& assign or part with Flat +wners
interest or %ene@t factor of this Agree#ent or part with the possession of the said pre#ises
until all the dues paya%le %y the Flat +wners to the Developers under this Agree#ent are
fully paid=up and only if the Flat +wners has not %een guilty of %reach of or non=o%servance
of any of the ter#s and conditions of this Agree#ent,

h0 'he Flat +wners shall o%serve and perfor# all the rules and regulations which the
that #ay %e #ade fro# ti#e to ti#e or protection and #aintenance of the Sale Fuilding to
%e known as ;Fortune Aeights< and the 9ats therein and for the o%servance and
perfor#ance of the %uilding rules& regulations and %ye=laws for the ti#e %eing of the
concerned local authority and or govern#ent and other pu%lic %odies, 'he Flat +wners shall
also o%serve and perfor# all the stipulations and conditions laid down %y the society
regarding the occupation and use of the 9at in the %uilding and shall pay and contri%ute
regularly and punctually towards the ta-es e-penses or other outgoings in accordance with
the ter#s of this Agree#ent,

i0 'ill vesting docu#ents are e-ecuted in the #anner envisaged hereto the Flat +wners
shall per#it the Developers and their surveyors and agents& with or without work#en and
others at all reasona%le ti#es& to enter into and upon the said land and %uilding or any part
thereof to view and e-a#ine the state and condition thereof,

!, )t is e-pressly agreed and declared as an essential and integral ter# and condition of
this Agree#ent and of the title to %e created .in respect of the said property descri%ed in the
Schedule hereunder written and of the %uildings to %e put up thereof0 in pursuance of this
Agree#ent that2

.a0 'he Developers shall %e entitled to use any un=consu#ed6residual and6or additional
FS) in respect of the said property and6or co#pensatory FS)& slu#s or otherwise as #ay %e
per#itted %y the MCBM in the construction& e-tension and co#pletion of the %uildings to %e
constructed on the said plot descri%ed in the Schedule hereunder writtenJ

.%0 At present the said free sale %uilding will %e co#prising of D upper 9oors or as
#ay%e sanctioned %y the MCBM fro# ti#e to ti#e& however the aforesaid additional
construction shall %e as per#issi%le %y the MCBM& DC Rules and Regulations and other
applica%le laws fro# ti#e to ti#e, All such constructions shall %e on account of and for the
%ene@t of the Developers +wners alone& who shall %e entitled to deal with and dispose of the
sa#e as the Developers #ay desire6decide, 8rovided always and it is here%y e-pressly
agreed that the Flat +wners shall not co#plain a%out and shall have to %ear with the
inconvenience& noise& irritation or nuisance caused to the# as and when the Developers
undertake the additional construction and here%y grants their irrevoca%le consent to the
sa#eJ

.c0 )t is agreed that the entire %ene@ts .including co#pensation0 that #ay %e granted %y
the MCBM and6or other %odies or authorities in respect of any portion of the said property
shall %elong to the Developers alone, )t is e-pressly clari@ed that neither the 'enant
Aolder.s0& Flat +wners nor the society shall have or clai# any interest and6or share and6or
%ene@ts and6or co#pensation in respect of the area out of such propertyJ

.d0 'he Developers shall have the unEuali@ed and unfettered rights to sell on ownership
%asis to any person of their choice& the terraces in the %uilding.s0 including the terraces
a%ove the top 9oor of the said %uilding.s0 su%/ect to the necessary #eans of access to %e
per#itted for such purpose so as to reach the water tank of the %uilding.s0, 'he Flat
+wners 6Flat 8urchaser of such terrace shall %e entitled to #ake use of the sa#e for all
purposes whatsoever as per#issi%le %y law, Aowever& the Flat 8urchaser shall not enclose or
cover the said terrace without the written per#ission of the Developers and6or the Society&
as the case #ay %e& and the MCBMJ

.e0 )t is also understood and agreed %y and %etween the parties hereto that the terrace
space in front of or ad/acent to the terrace 9ats in the said Sale Fuilding if any& shall %elong
intended for the e-clusive use of the respective terrace Flat 8urchasers in %uilding, 'he Flat
+wners herein accept that they shall not %e entitled to clai# any right& title or interest
e-clusively to any other Flat 8urchasers, Such terrace space shall %e #aintained and
repaired e-clusively %y the Flat 8urchasers to who# the sa#e are allotted and the sa#e
shall %e kept in good clear and tenanta%le condition at all ti#es %y the#J

.e0 )t is agreed that if at any ti#e prior to e-ecution of the Deed of Assign#ent6vesting
docu#ents the present FS) applica%le to the said property is increased& such increase shall
%e ensured for the e-clusive %ene@t of the Developers alone without any re%ate and6or
co#pensation to the Flat 8urchasers in the Sale %uilding& and6or 'enant Aolder.s0 in the
reha% %uilding and6or the Flat +wners,

", )t is further agreed %etween the Developers and the Flat +wners that at the ti#e of
e-ecution of conveyance in favour of the co=operative housing society of the Sale Fuilding
and si#ultaneous lease of the reha% %uilding as envisaged the Flat +wners and6or the said
society shall rei#%urse to the Developers all the )+D deposits and other refunda%le deposits
paid %y the Developers in respect of the said %uilding,

4, At the ti#e of registration of the aforesaid docu#ent the Developers shall %ear6pay
the Flat +wners share of sta#p duty and registration charges paya%le& if any& %y the said
society on the assign#ent6lease6conveyance or any docu#ent or instru#ent of transfer in
respect of the said Sale Fuilding and the land %eneath %uilding to %e e-ecuted in favour of
the society,

3?, 'he Flat +wners has taken inspection of all relevant docu#ents and has satis@ed
the#selves fully in respect of the DevelopersG title to the said property descri%ed in the

3, 'he said Sale %uilding to %e constructed %y the Developers on the said plot shall at
all ti#es %e na#ed ;Fortune Aeights< and the said reha% %uilding constructed %y the
Developers on the front side of the said plot of land shall %e known as ;Bayatri Apart#ents<
these na#es shall not at any ti#e %e altered or changed without the prior written consent
and per#ission of the Developers,

33, 'he Flat +wners here%y agrees& undertakes and covenants with the Developers that
neither they& nor the said societies shall at any ti#e hereafter li#it& curtail& revoke& cancel or
or granted to the Developers under this Agree#ent& or any other deed& docu#ent or writing
Developers as #entioned herein& and the Flat +wners and %oth the said societies shall %e
%ound and lia%le to render to the Developers& all necessary assistance and co=operation& to

3D, Nothing contained in this Agree#ent is intended to %e nor shall %e constructed as a
grant& de#ise or assign#ent in law of the said 9ats or of the said plot of land and %uilding.s0
or any part thereof, 'he Flat +wners shall have no clai# save and e-cept in respect of the
9at here%y agreed to %e allotted to the# and all terraces& open spaces& parking spaces&
lo%%ies& staircases& etc, will re#ain the property of the Developers& until the said land and
%uildings are transferred to the society as hereina%ove #entioned,

3I, Any delay tolerated or indulgence shown %y the Developers in enforcing the ter#s of
this Agree#ent or any for%earance or giving of ti#e to the Flat +wners %y the Developers
shall not %e construed as a waiver on the part of the Developers of any %reach of
nonco#pliance of any of the ter#s and conditions of this Agree#ent %y the Flat +wners nor
shall the sa#e in any #anner pre/udice the rights of the Developers,

3>, 'he Developers shall %e at li%erty to sell& assign or otherwise deal with or dispose of
their right& title and interest in the said plot of land heredita#ents and pre#ises and the
%uildings constructed or hereafter to %e erected thereon at their a%solute discretion
8R+V)DCD that the Developers do not in any way aTect or pre/udice the right here%y
granted in favour of the the Flat +wners,

3K, 'he Flat +wners shall present this agree#ent for registration within the ti#e
prescri%ed %y the Registration Act and inti#ate to the Developers the serial nu#%er under
which the sa#e is lodged for Registration and thereafter the Developers shall within the ti#e

3!, All notices to %e served on the Flat +wners as conte#plated %y this Agree#ent shall
%e dee#ed to have %een duly served if sent to the Flat +wners %y registered post A,D,6under
certi@cate of posting at the address speci@ed a%ove,

3", 'his Agree#ent shall always %e su%/ect to the provisions of the Maharashtra

34, 'he 8er#anent Account Nu#%er of the parties hereto are as under2

Name Permanent A/c. No.
5+s. @ayatri 7nterprises AA7?@%$#$7
2ariman <ormus3i 6aruwala AA6P6#"-F
Garine 2avroHe <odivala AA2PP!./F
<utokshi 'ur3iH (ooper AA2PP!%!6
)oshan 7ruchshah Patel AA2PP!%$'
)oshan 2ariman 6aruwala A<EP6--!.2



7CC :=7: piece or parcel of land or part of the pension and ta- tenure .the cess whereon is
now redee#ed0 %eing part or portion of the property called ;8ileEueir Cheer< situate lying
and %eing at Ppper Mahi#& (ady Ja#shed/i Road& outside the Fort and in the Registration
Su%=District and District Mu#%ai City and Fo#%ay Su%ur%an containing %y ad#easure#ent
according to the Cadastral Survey .KI",?0 +ne thousand Si- Aundred and forty eight
deci#al one sEuare #etres or therea%outs Messuages tene#ents dwelling houses and
structures standing thereon registered in the Fooks of the collector of (and Revenue under
Nos,>4K=!I4 and K> of the Mahi# Division assessed %y the Fo#%ay Municipality under B=
:ard Nos,>KKI& >KKK& >KK! . and D0 and >K4 .A0 8art Street Nos, DD& D>& ID& IDF
and K!AA .8art0 and declared as Final 8lot Nos, 34" and 344 of 'own 8lanning Sche#e No,
))) of Mahi# Division,

:=< 9<D0D 9=<DAC< 7!D#< B<$<BB<D :D

Flat No,>?D ad#easuring !D sE, ft .carpet area0 on the >
th
9oor and one open car parking
space no, D in the co#pound of the %uilding known as ;Fortune Aeights< standing on the
property #ore particularly descri%ed in the First Schedule hereunder written,

;J91 E7F7:BI <0:<B/BI9<9 0
through their 8artner 0
;B1 9A?<:A :BID<#I 0

withinna#ed Con@r#ing 8arty 0
07BI;70 =DB;A9JI D7BAG7CC7 0
in his capacity as 'rustee under Deed of 0
Settle#ent dated !
th
March& 4D? 0
created %y Ja#shed/i Merwan/i Fitter 0

:ithinna#ed Flat +wners 0
415 P7BI0< 07#BDP< =DDI#7C7 0
alias P7BI0< <BA=9=7= /7:<C 0
425 =A:D?9=I !ABJIP DD/<B 0
alias =A:D?9=I <BA=9=7= /7:<C 0
435 BD9=70 <BA=9=7= /7:<C 0
4(5 BD9=70 07BI;70 D7BAG7C7 0

;J91 E7F7:BI <0:<B/BI9<9
,,,,,, the Developers

AND

07BI;70 =DB;A9JI D7BAG7CC7
U the Con@r#ing 8arty

'+
P7BI0< 07#BDP< =DDIG7C7 N DB9
,,,,,, the Flat +wners


7B:IC<97B:IC< D$ 7EB<<;<0: #ade at Mu#%ai this 555555D?

th
day
of 555555555555Dece#%er& in the Christian 7ear 'wo 'housand 'hree .3??DCight .3??"0
FC':CCN ;J91 E7F7:BI <0:<B/BI9<9> a partnership @r# registered under the )ndian
8artnership Act& 4D3 having its registered oNce at K& Narayan Mansion& KKA&
Dr, A#%edkarA#e%edkar Road& Dadar .Cast0& Mu#%ai= = I?? ?I hereinafter referred to
as 6t+e :=< /BD;D:<B98 .which e-pression shall unless it %e repugnant to the conte-t
or #eaning thereof %e dee#ed to #ean and include all its partners& their respective heirs&
e-ecutors& ad#inistrators and assigns and successor or successor of the said @r#0 of the
+NC 8AR' AND555555555 555555555555555555555555555 ;B1 C7CI:CD=70 #I07F7?
?9=IB97E7B of Mu#%ai )ndian )nha%itant )nha%itants having his6her6 their address
at 5555555555555555555555555555555555555555555555555555?& An#ol 'errance CAS& 8lot No,3?&
Sector >& Moparkhairane& Navi Mu#%ai = I?? !?4 hereinafter referred to as 6t+e :=< $C7:
/AB=79<BJ98 .which e-pression shall unless it %e repugnant to the conte-t or #eaning
thereof %e dee#ed to #ean and include his6her6their respective heirs& e-ecutors&
ad#inistrators and assigns0 of the +'ACR 8AR'2 2

G = < B < A 9 H

, +ne Nari#an Aor#us/i Daruwala and FeroLe Maikhshroo Daver& %oth of Mu#%ai&
)ndian Xorastrian )nha%itants& %eing the trustee s under the Deed of Settle#ent dated the
!
th
March& 4D? created %y Ja#shed/i Merwan/i Fitter and another .hereinafter referred to
as O; the +wnersO < and6or Othe 'rusteesO0;the trustees<0 are a%solutely seiLed and
possessed of or otherwise well and suNciently entitled to all that piece or parcel of land
known as O; 8ileEueir CheerO< situate lying and %eing at Ppper Mahi#& (ady Ja#shed/i
Road&, +utside the Fort in the Registration Su%= District and District Fo#%ay City and
Fo#%ay Su%ur%an containing %y ad#easure#ent according to the Cadastral Survey KI",?
sEuare #etres together with the #essages& tene#ents& dwelling house and structures
standing thereon registered in the Fooks of the Collector of (and Revenue under New
Nos,A6II?K and DK!! New Survey Nos, D6I4 %ut now D6I! and D" Cadastral Survey Nos,
>4K=!I4 and K> of the Mahi# Division declared as Final 8lot Nos, 34" and 344 of 'own
8lanning Sche#e No, ))) of Mahi# Division delineated on the layout plan thereof hereto
anne-ed and #arked as 7nnexure 6"7 8 and thereon shown surrounded %y red colour
%oundary linelone& and #ore particularly descri%ed in the First Schedule hereunder written
.hereinafter referred to as O;the said propertyO0J8roperty<0J

F, Fy a Develop#ent Agree#ent dated 3>
th
dayDay of January& 44 read with
nd
March& 3??3 duly registered with the oNce of the Su%=
Registrar of Assurances at Mu#%ai under Serial No, D?? of 3??3 #ade and entered into
%etween the +wners referred to as the 'rusteestrustees therein of the First 8art& the
8ro#oters herein referred to as the Developers therein of the Second 8art and Mrs, Mani
Minoo Fitter and ? others referred to as the Fene@ciaries therein of the 'hird 8art& the
+wners have& with the con@r#ation of all the Fene@ciaries of the 'rust created under the
a%ove recited Deed of Settle#ent dated !
th
March& 4D?& entrusted the rights of
develop#ent of the said property to the 8ro#oters %y negotiating and arriving at a
settle#ent with all tenants6occupants therein& de#olishing the e-isting %uildings6structures
and %y constructing on the said property new %uilding or %uildings in accordance with the
sanctioned plans and other speci@cations& rules and regulations and after such construction
to sell and dispose oT the various shops& 9ats and other tene#ents on ownership %asis
and6or on any other %asis as the 8ro#oters herein #ay dee# @t and proper on certain ter#s
and conditions which have %een #ore particularly descri%ed and set out in the said
Develop#ent Agree#entJ

C, Pnder provisions of the said Develop#ent Agree#ent dated 3>th January& 44
.hereinafter referred to O;as the said Develop#ent Agree#entO0&<0& it was agreed %y and
%etween the +wners and the 8ro#oters herein& therein referred to as Developers& that upon
pay#ent of consideration in the #anner provided therein and also upon providing to the
Fene@ciaries alternate acco##odation in the Reha%ilitation Fuilding that is to %e
constructed %y the 8ro#oters& on the front side of the said property facing (ady Ja#shed/i
Road& the +wners shall ulti#ately sell and transfer the said property and also shall e-ecute
necessary conveyance and6or other docu#ents in favour of the 8ro#oters or its no#inee or
assigns or the Co=operative Aousing Society which #ay %e for#ed %y the various purchasers
of the shops6plots6tene#ents in the said new %uildingsJ

D, Fy the said Develop#ent Agree#ent& it was agreed and provided that the %uilding6s
newly constructed in the said property shall %elong to the 8ro#oters and the 8ro#oters are
fully and a%solutely entitled to dispose oT the various 9ats shops and other tene#ents save
and e-cept the pre#ises that are to %e provided to the Fene@ciaries of the 'rust as
contained in the said Develop#ent Agree#entJ,

C, 'he 8ro#oters have duly co#plied with the various ter#s and conditions of the said
Develop#ent Agree#ent and the +wners in return have put the Fuilders into possession of
the said property for the purpose of develop#ent thereof and sale and disposal of the
9ats6shops constructed %y the 8ro#oters as aforestated in the said propertyJ ,

F, 'he said Develop#ent Agree#ent dated 3>
th
day of January& 44 is valid& still in
force and su%sisting and has not %een ter#inated %y the +wners and the 8ro#oters are fully
and a%solutely entitled to develop the said property %y constructing new %uilding or
%uildings thereon after de#olishing and6or pulling down the e-isting %uilding6structure and
also to dispose of the various 9ats& shops and other tene#ents at the price and on the other
ter#s and conditions as the 8ro#oters #ay dee# @t and properJ,

B, )n ter#s of the said Develop#ent Agree#ent2

.i0 'he 8ro#oters have negotiated and settled with all the tenants of the said e-isting
structures and have o%tained& vacant possession of the tenanted pre#ises in their
respective occupation so as to facihtae facilitate construction on and develop#ent of the
said property J J

.ii0 'he +wners have also e-ecuted ,a 8ower of Attorney dated 33
nd
March& 3??3 in
favour of the no#inee of the 8ro#oters and duly registered with Su%=Registrar of Assurances
& Mu#%ai vide serial No, >D63??3 authoriLing the said no#inee to do acts and deeds
speci@ed therein in respect of said property,

A, )n accordance with the Develop#ent Control Regulations No, DD.!0 of 44& the old
structures standing on the said plot of land %eing cessed and having %een constructed prior
to 4I? redevelop#ent of the said property is per#issi%le& partly with FS) at 3,?? where
portion of the said plot of land is aTected %y CRX andarid %alance portion with FS)
at, 3,>&, su%/ect however& to the provisions of Maharashtra Aousing and Area Develop#ent
Act& 4!K .MAADA0, Accordingly& the 8ro#oters have o%tained per#issions for
redevelop#ent under P(C Act& 4!K fro# the oNce of Additional Collector& P(C& Breater
Mu#%ai and fro# MAADA for re=develop#ent of said property vide orders dated
3K
th
th
Septe#%er& 3??3 copies& of said orders are anne-ed hereto
and &#arked as Anne-ure ;F< R ;C<& respectively, 'hereafter& the , 8ro#oters have
o%tained )+Dl+D in respect of Reha%ilitation %uilding to %e constructed for the
tenants6occupants vide )+D %earing No, CF643KI6BN6)A dated D
th
Dece#%er& 3??3, Copy of
)+D is anne-ed hereto and #arked as Anne-ure ;D< 1

), 8ursuant to the a%ove recited Develop#ent Agree#ent& the 8ro#oters %eca#e
entitled to and en/oined upon to de#olish the e-isting structures standing on the said
property and construct two %uildings,

J, Accordingly& the 8ro#oters& have o%tained Co##ence#ent Certi@cate %earing No,
CCF8(643KI6BN6A dated D
rd
May& 3??D fro# MCBM in respect of Fuilding and have
co#pleted construction of the %uilding on the said property, Copy of Co##ence#ent
Certi@cate and occupation certi@cate is anne-ed hereto and
#arked 7nnexure 7nnexurX 6< N $8& respectivelyJ

M, 'he %uilding to %e known as ;Bayatri Apart#ent< co#prises of Bround and K upper
9oors and is located on the front side of the said property .hereinafter referred to as ;the
said %uilding<0J

(, )n ter#s of the a%ove recited Develop#ent Agree#ent& the 8ro#oters are further
entitled to sell 9ats& garages& car parking spaces& terraces& hoarding spaces& etc, .all of
which hereinafter for the sake of %revity are referred to as ;the said pre#ises<0 in the said
%uilding ;Bayatri Apart#ent< and reference to the Flat 8urchaser6s in this Agree#ent #eans
purchasers of such pre#isesJ&

M, 'he 8ro#oters have entered into a prescri%ed Agree#ent with the Architect&
M6s, Ra#nani R Associates registered with the Council of Architects and also appointed
M6s, 8, M , Ra#nani as Structural Cngineers for preparing structural designs and drawings
and speci@cations of the said %uilding and the Flat 8urchaser6s accepts the professional
supervision of the said Architect and the said structural Cngineer till the co#pletion of the
said %uilding unless otherwise changedJ

N, 'he Flat 8urchaser6s de#anded fro# the 8ro#oters and the 8ro#oters have given
inspection to the Flat 8urchaser6s of all the aforerecitedaforercited docu#ents of title
8ro#oters Architect& M6s, Ra#nani R Associates and of such other docu#ents as are
speci@ed under the Maharashtra +wnership Flats .Regulation of the 8ro#otion of
Construction& Sale& Manage#ent and 'ransfer0 Act& 4KD and the Rules #ade thereunderJ&

+, A copy of the Certi@cate of 'itle issued %y M6s, (aw 8oint& Advocates R Solicitors of
the 8ro#oters as well as the copy of the property register card in respect of the said
property and copy of the 9oor plan of the 9at agreed to %e purchased %y the Flat 8urchaser6s
#arked 7nnexures 6E8> 6=8 and 6I8 respectivelyJ&

8, :hile sanctioning the said plans for the said %uilding the concerned local authorities&
MAADA& and6or Bovern#ent have laid down certain ter#s& conditions& stipulations and
restrictions which are to %e o%served and perfor#ed %y the 8ro#oters while developing the
said property and the said %uilding and upon due o%servance and perfor#ance of which only
the occupation and the co#pletion certi@cate in respect of the said %uilding shall
%e is granted %y the concerned local authorityJ &

$, 'he Flat 8urchaser6s %eing fully satis@ed in respect of the title of the 8ro#oters to the
said property has approached the 8ro#oters and applied for purchase of Flat No, 5555 3?3 on
the 555 9oor3nd Floor in such %uilding to %e constructed on the said property and to
%e known as ; BayatiBayatii Apart#ent< .hereinafter referred to as ;the said pre#ises<0J<0&

R, 'he Flat 8urchaser6s has6have entered into this Agree#ent with full knowledge of all
ter#s and conditions contained in the docu#ents& papers& plans& orders& sche#es& etcJ,

S, Relying upon the said applications& declarationdeclarations and agree#ent herein
contained& the 8ro#oters agree to sell to the Flat 8urchaser6s the said pre#ises at the price
and on the ter#s and conditions hereinafter appearing,

0DG :=I9 7EB<<;<0: GI:0<99<:= :=7: I: I9 =<B<!F 7EB<<D !F 70D
!<:G<<0 :=< /7B:I<9 79 $DCCDG92

, 'he 8ro#oters has constructed and co#pleted the said %uilding as per the
sanctioned %uilding plans, )f any additional FS) in respect of the said property is per#issi%le
.%efore the said develop#ent is co#pleted and the co#pletion certi@cate is issued %y the
MCBM and the property is conveyed to the Co=operative Society or Condo#iniu# or (i#ited
Co#pany& whichever is later0 and6or if the 8ro#oters decide to vary& a#end the said
sanctioned %uilding plans& and6or if the MCBM per#its construction of additional 9oor6s to
the %uilding and6or additional %uilding then and in such event the 8ro#oters shall %e entitled
to and shall construct& such additional 9oors6%uilding as per such revised %uilding
plans, 'he FlatFiat 8urchaser6s here%y e-pressly consents to the sa#e& so long as the total
area of the said pre#ises agreed to %e sold to the Flat 8urchaser6s hereunder and the
speci@cations& @-tures and @ttings are not reduced, 'his consent shall %e considered to %e
Flat 8urchaserGs8urchasers consent conte#plated %y Section !.i0.ii0 of 'he Maharashtra
+wnership Flats .Regulation of the 8ro#otion of Construction& 2 Sale& Manage#ent and
'ransfer0 Rules& 4KI .hereinafter referred to as ;the said Act<0J<0&

3, 'he Flat 8urchaser6s here%y agrees to acEuire the said pre#ises %eing Flat
No, 5553?3 on the 5555 9oor3nd Floor of the said %uilding having total carpet area
of 555553!> sE, ft, including area of %alconies& shown on the 9oor plan hereto anne-ed and
#arked as 7nnexure 6I8 and thereon shown surrounded %y red colour %oundary line .which
is as per the sanctioned %uilding plans0 at or for the lu#psu# price of
Rs, 555555553?&??&???6= .Rupees 5555555555555555'wenty (akh only0,

D, 'he Flat 8urchaser6s agrees to pay to the 8ro#oters the said consideration or
purchase price& na#ely Rs, 555555556= 3?&??&???6=, .Rupees 5555555555555555 'wenty
(akh only0 as under2 J

.a0 Fy pay#ent of Rs, 555555553&??&??? 6= .Rupees 55555555555555'wo (akh only0 as and
%y way of earnest #oney on or %efore the e-ecution of this Agree#ent .the pay#ent and
receipt whereof the 8ro#oters doth here%y ad#it& and acknowledge0J 02

.%0 Rs, 55555555"&??&???6= .Rupees 55555555555555 only0 Cighteen (akh
+nly0 within D?D? days fro# the date of these agree#ent,

)t is here%y e-pressly agreed and understood that the ti#e for pay#ent of each of the
aforesaid install#ents of the purchase price shall %e of the essence of the contract,

I, 8ossession of the said pre#ises shall only %e delivered to the Flat 8urchaser6s after
the said pre#ises are ready for use and occupation and also 8R+V)DCD all the& a#ounts due
and paya%le %y the Flat 8urchaser6s under this Agree#ent are paid to the 8ro#oters,

>, Ppon possession of the said pre#ises %eing delivered to the Flat 8urchaser6s& he6she
shall %e entitled to the use and occupation of the said pre#ises, Ppon the Flat 8urchaser6s
taking possession of the said pre#ises he6she shall have no clai# against the 8ro#oters in
respect of any ite# of work in the said pre#ises which #ay %e alleged not to have %een
carried out or co#pleted, 'he only lia%ility of the 8ro#oters shall %e statutory lia%ility under
Section !.30 of the said Act,

K, Co##encing a week after notice is given %y the 8ro#oters to the Flat 8urchaser6s
that the said pre#ises are ready for use and occupation& the Flat 8urchaser6s shall %e lia%le
to and pay all ta-es and charges for electricity and other services and the outgoings paya%le
in respect of the said pre#ises #entioned in clause .0 hereof& irrespective of the date
when the Flat 8urchaser6s actually takes over the possession of the said pre#ises,

!, 'he Flat 8urchaser6s agrees and %inds hi#self6herself to pay regularly every #onth&
%y the >
th
of each #onth& to the 8ro#oters until the Conveyance of the said property is
e-ecuted in favour of the Co=operative Society& Condo#iniu# or (i#ited Co#pany to %e
for#ed %y the 8urchasers of 9ats& garages& car parking spaces& terraces and other pre#ises
in the said %uilding .hereinafter referred to as ;the said Association<0 and thereafter to the
said Association the proportionate share that #ay %e decided %y 8ro#oters or the said
Association as the case #ay %e& for .a0 )nsurance 8re#iu#& .%0 all Municipal and other ta-es
that #ay %e fro# ti#e to ti#e %e levied against the said property and6or %uilding including
water ta-es and water charges& .c0 outgoings for the #aintenance and #anage#ent of the
estate and the a#enities& lifts& co##on lights and other outgoings such as collection
charges& charges for watch#en& sweeper and #aintenance of accounts incurred in
connection with the said property, 'he Flat 8urchaser6s shall keep deposited with the
8ro#oters& at the ti#e of taking possession of the said pre#ises a su# of Rs, 5555555?&???6=
as deposit towards the a%ove #entioned e-penses and outgoings,

", 'he Flat 8urchaser6s shall also keep deposited with the 8ro#oters and pay to the
8ro#oters the following a#ount2 J

. a0 a su# of Rs,D>?6= .Rupees 'hree Aundred Fifty +nly only0 as share #oney for
#e#%ership for the Co=operative Aousing Society (td, to %e for#ed of all the
8urchasers6Allottes Allotees of the said reha% %uilding,J

.%0 a further su# of Rs,???6= .Rupees +ne 'housand +nlyonly0 as deposit for the
pay#ent %y the 'enant Aolder towards his6her6their contri%ution to the #unicipal ta-es&
water charges and the #aintenance charges of the said property& till the Co=operative
Aousing Society (td, of the Flat 8urchasers6Allotees is for#ed and registered ,J

. c0 a further su# of Rs,3>?6= .Rupees 'wo Aundred Fifty +nlyonly0 as his6her6their share
in the profession fees for the DeveloperGsDevelopers Advocate for investigation of title and
preparing Agree#ent and Conveyance and other necessary docu#entsJ

. d0 a further su# of Rs,3>?6= .Rupees 'wo Aundred Fifty +nlyonly0 as his6her6their
provisional share towards out of pocket costs& charges and e-penses such as sta#p duty&
registration charges & etc, on the Agree#ents and Conveyance conveyance and other
necessary docu#ents and for for#ation and registration of co Co=operative housing
society,Aousing Society (td, 'he 'enant Aolder shall pay the %alance of his6her6their share
of such out of pocket costs as and when called upon %y the 8ro#oters Developers,

. e0 a su# of Rs,3>?6= .Rupees 'wo Aundred Fifty +nly only0 every #onth fro# the date
of delivery of possession of the new pre#ises to hi#6her6the# as his6her6their contri%ution
towards #unicipal ta-es& water charges& #aintenance charges of the said property until the
sa#e is transferred to the coCo=operative housing society Aousing Society or other
association of the 9at purchasers6AllottesFlat 8urchasers6Allottees of the said reha%
%uilding, 'he 'enant Aolder undertakes to pay to the pro#oters Developerssuch #onthly
contri%ution regularly and shall not withhold the sa#e for any reason whatsoever,

'he said su#s of deposit shall not carry interest and will re#ain with the 8ro#oters until the
Conveyance is e-ecuted in favour of the said Association as aforesaid and on such
conveyance %eing e-ecuted& the aforesaid deposits .less deductions0& shall %e paid over to
the said Association,

4, 'he 8ro#oters shall utilise utiliLe the su# of Rs, 55555555?&???6= paid %y the
Flat 6 8urchaser6s to the 8ro#oters for #eeting all legal costs& charges and e-penses
including professional costs of the Attorney=at=law6 advocates of the 8ro#oters in
connection with for#ation of the said Association& preparing its rules& regulations and %ye=
laws and the cost of preparing and engrossing the conveyance,

?, 'he Flat 8urchaser6s shall #aintain the front elevation and the side and rear
elevation of the said pre#ises& in the sa#e for# as the 8ro#oters to construct and not any
ti#e alter the said elevation in any #anner whatsoever without the prior consent in writing&
fro# the 8ro#oters and also of the MCBM and further that the Flat 8urchaser6s shall not
install any other grill on the window including %o- grills& save and e-cept the grill provided
%y the 8ro#oters& if any,

, 'he Flat 8urchaser6s shall not dry the clothes or hang any clothes on any of the
windows of the said pre#ises& %ut shall use the dry %alcony and space for that purpose,

3, 'he @-tures& @ttings and a#enities to %e provided in the said pre#ises and the
speci@cations of the said %uilding are those as set out in the Second Schedule hereunder
written, 'he Flat 8urchaser6s has6have satis@ed hi#self6herself a%out the design of the said
pre#ises and also a%out the speci@cations and a#enities to %e provided therein,

D, Flat 8urchaser6s shall fro# the date of possession& #aintain the said pre#ises at
his6her cost in a good and tenanta%le repair and condition and shall not do or suTer to %e
done anything in or to the said pre#ises and6or co##on passage& or the co#pound which
#ay %e against the rules or %ye=laws of the MCBM or any other authority,

I, 8rovided it does not in any way aTect or pre/udice the rights of the Flat 8urchaser6s
in respect of the said pre#ises the 8ro#oters shall %e at li%erty to sell& assign& transfer or
otherwise deal with their right& title and interest in the said property and6or in Hthe %uilding
to %e constructed thereon,

>, 'he Flat 8urchaser6s shall have no clai# whatsoever e-cept in respect of the
particular 9at6 6car parking space6garage here%y agreed to %e acEuired, All the open spaces&
unallotted 9ats and other spaces in the %uilding& etc, will re#ain the a%solute property of the
8ro#oters and the 8ro#oters if they so desire& #ay /oin in as #e#%ers of the said
Association in respect of such unallotted 9ats and other pre#ises and shall have full right
a%solute power and authority to deal with and to sell& let or otherwise dispose of the sa#e in
any #anner and for such consideration& and on such ter#s and conditions& as they #ay in
their sole and a%solute discretion dee# @t and proper and the said Association shall %e
%ound to ad#it as #e#%ers& the purchasers of such pre#ises without charging the# any

K, 'he nature& e-tent and description of the ;co##on area and facilities< and of
the ;H li#ited co##on areas and facilities< shall %e as under2

.a0 Co##on areas and facilities2

Co#pound of the %uilding concerned i, e, the open area .out of the said property
descri%ed in the First Schedule hereunder written0 appurtenant to the %uilt=up area of the
%uilding %ut e-cluding the open car parking spaces and6or enclosed car parking spaces in
the co#pound& allotted to the respective Flat 8urchaser6s and garages& if constructedJ&

.%0 (i#ited co##on areas and facilities2

.i0 Cntrance lo%%y and foyer of the %uildingJ&

.ii0 'he staircase of the %uilding including #ain6#id landing& for the purpose of ingress
and egress %ut not for the residence or for sleepingJ &

.iii0 'errace a%ove the top 9oor of the %uilding i,e, way going to water tank and staircase
ca%in for %eing used as an open terrace %y the #e#%ers %ut not for putting up any
construction or as a play area or for pounding of ;#asala< or any such o%/ectiona%le user,

!, Nothing contained in these presents is intended to %e nor shall %e construed to %e a
grant& de#ise or assign#ent in law of the land& heredita#ents and pre#ises or any part
thereof or of the said %uilding thereon or any part thereof, Nothing contained herein shall
deprive the 8ro#oters of their right to let out space for hoarding6advertise#ent fro# the
co#pound and6or terrace of the %uilding, )t is e-pressly agreed that the 8ro#oters shall %e
entitled to sell to any person6s right to put up hoarding6advertising in the co#pound and on
the terrace of the %uilding, 'he 8ro#oters shall also %e entitled to retain and let out terrace
space a%ove the top 9oor of the %uilding for setting up cellular network and install antennae
and related eEuip#ent and shelters entirely for the own %ene@t of the 8ro#oters and the
Flat 8urchaser6s shall not co#plain a%out the sa#e,

", 'he parties hereto speci@cally declare and con@r# that 2

.a0 'he Flat 8urchaser6s has 6have inspected the property and had ascertained for
hi#self6 6herself that the work of co#pleting the said %uilding is still in progress and the
said pre#ises are not yet ready for use and occupationJ,

.%0 )t is speci@cally declared that the possession of the said pre#ises is not transferred to
the Flat 8urchaser6s %efore the e-ecution or at the ti#e of e-ecution or after the e-ecution of
this Agree#ent without e-ecuting the Conveyanceconveyance in respect thereofJ J

.c0 'he C-planation to Article 3> of the said Fo#%ay Sta#p Act& 4>" .introduced with
eTect fro# ?,3,4">0 is not applica%le to his Agree#ent,

4, 'he Flat 8urchaser6s and the persons to who# the said pre#ises are let& su%=let&
transferred& assigned or given possession of shall fro# ti#e to ti#e sign all application&
papers and docu#ents and shall do all acts& deeds and things as the 8ro#oters and6or the
said Association #ay reEuire for safeguarding the interest of the 8ro#oters and6or the Flat
8urchaser6s in the said %uilding,

3?, 'he Flat 8urchaser6s and the persons to who# the said pre#ises are let& su%=let&
transferred& assigned or given possession of shall o%serve and perfor# all the %ye=laws
and6or the rules and regulations which the said Association or Registrar #ay adopt and the
additions& alterations or a#end#ents thereof& for protection and #aintenance of the said
%uilding and the pre#ises therein and6or in the co#pound and for the o%servance and
carrying out of the %uilding rules and regulations and the %ye=laws for the ti#e %eing of the
MCBM and other pu%lic %odies, 'he Flat 8urchaser6s and the persons to who#:ho# the said
pre#ises are let& su%=let& transferred& assigned or given possession of shall o%serve and
carryout the %uilding rules and regulations and the %ye=laws for the ti#e %eing of the MCBM
and other pu%lic %odies, 'he Flat 8urchaser6s and persons to who# the said pre#ises are let&
su%=let& transferred& assigned or given possession of shall o%serve and perfor# all the
stipulations and conditions laid down %y the said Association or the 8ro#oters& as the case
#ay %e& regarding the occupation and use of the %uilding and the pre#ises therein and shall
pay and contri%ute regularly and punctually towards the ta-es and6or e-penses and other
outgoings in accordance with the ter#s of this Agree#ent,

3, 'he Flat 8urchaser6s here%y agrees and undertakes to %e a #e#%er of the said
Association to %e for#ed inen the #anner herein appearing and also fro# ti#e to ti#e to
sign and e-ecute all applications for registration and for #e#%ership and other papers and
docu#ents necessary for the for#ation and the registration of the said Association and for
%eco#ing a #e#%er& including the %ye=laws of the proposed Association and duly @ll in& sign
and return the sa#e to the 8ro#oters within ? .ten0 days of the sa#e %eing sent %y the
8ro#oters to the Flat I 8urchaser6s, No +%/ection shall %e taken %y the Flat 8urchaser6s if
any changes or #odi@cations are #ade in the draft %ye=laws as #ay %e reEuired %y the
Registrar of Co= operative Societies6 Condo#iniu#6 Co#panies or any other Co#petent
Authority, 'he Flat 8urchaser6s shall %e %ound& fro# ti#e to ti#e to sign all papers and
docu#ents and to do all acts& deeds& #atters and things as #ay %e necessary fro# ti#e to
ti#e& for safeguarding the interest of the 8ro#oters and of the other purchasers of the other
9ats in the %uilding,

33, 'he Flat 8urchaser6s here%y covenants that fro# the date of possession& he6she shall
keep the said pre#ises8re#ises& the walls and partition walls& sewers& drains& pipes and
appurtenances thereof& %elonging& in good tenanta%le repair and conditions and shall a%ide
%y all the %ye=laws& rules and regulation of +f the Bovern#ent& MCBM& FCS' undertaking
and any other authorities and local %odies and shall attend to answer and will %e responsi%le
for all sections for violations of any such conditions or rules or %ye=laws,

3D, )t is e-pressly agreed and declared as an essential and integral ter# and condition of
the First Schedule hereunder written and of the %uilding to %e put up thereof0 in pursuance

.a0 'he 8ro#oters are su%/ect to the ter# in this %ehalf agreed with the said +wners in
the a%ove recited Develop#ent Agree#ent& entitled to use any un=consu#ed6residual
and6or additional FS) in respect of the said property which #ay %eco#e availa%le for portion
of the said property presently aTected %y CRX hereafter or otherwise as #ay %e per#itted
%y the MCBM in the construction& e-tension and co#pletion of the %uilding to %e constructed
on the said property descri%ed in the First Schedule hereunder writtenJ&

.%0 At present the said %uilding will %e co#prising of Bround and K upper 9oors
sanctioned %y the MCBM& however the aforesaid additional construction shall %e as
per#issi%le %y the MCBM& MAADA& DC Rules and Regulations and other applica%le laws fro#
ti#e to ti#e, All such constructions shall %e on account of and for the %ene@t of the
8ro#oters alone& who shall %e entitled to deal with and dispose of the sa#e as the
8ro#oters #ay desire6decide, 8rovided always and it is here%y e-pressly agreed that the
Flat 8urchaser6s shall not co#plain a%out and shall have to %ear with the inconvenience&
noise& irritation or nuisance caused to hi#6her6the# as and when the 8ro#oters undertake
the additional construction and here%y grants his6her6their irrevoca%le consent to the sa#eJ

portion of the said property shall %elong to the 8ro#oters alone, )t is e-pressly clari@ed that
neither the Flat 8urchaser6s nor the said Association is to have or clai# any interest and6or
share and6or %ene@ts and6or co#pensation in respect of the area out of such propertyJ,

.d0 )t is agreed and understood that %efore co#pletion of the construction of the said
%uilding& the 8ro#oters shall %e entitled to a#alga#ate the said property with any other
ad/acent property which they #ay have already purchased6acEuired& or which they #ay
hereafter purchase6acEuire& and to apply for and o%tain the necessary sanctions&
per#issions& orders N,+,C,s& approvals& etc, for such a#alga#ation& and to develop the said
property in accordance therewith, Aowever& such a#alga#ation shall not aTect the area of
the said pre#ises agreed to %e sold to the Flat 8urchaser6s hereunder, 'he Flat 8urchaser6s
shall not raise any o%/ection or dispute to such a#alga#ation of the said property %y the
8ro#oter and6or to the develop#ent of the said property in pursuance of such
a#alga#ation on any grounds whatsoeverJ

.e0 'he provisions of this clause 34 shall always %e of the essence of this Agree#ent
and shall run with the land,

3I, 'he Flat 8urchaser6s along with the other Flat 8urchaser6s& who take or have taken
the other 9ats in the %uilding shall for# the#selves into a Co=operative Society6
Condo#iniu#6(i#ited Co#pany .;the said Association<0 which in turn will grant lease to the
society which would %e for#ed %y the tenants6occupants residing in the HReha%ilitationG
%uilding, 'he Flat 8urchaser6s is6are aware of the sa#e and gives his6her6their No +%/ection
for the sa#e, +n the said Association %eing registered the rights of the Flat 8urchaser6ss as
the purchaser of the said pre#ises will %e registered and regulated %y the provisions of the
said Association and the Rules and Regulations fra#ed %y the#& %ut su%/ect to the ter#s of
this Agree#ent,

3>, +n the co#pletion of entire develop#ent& the 8ro#oters shall co=operate& with the
Flat 8urchaser6s in for#ing& registering and incorporating the said Association& the#e rights
of #e#%ers of the said Association %eing su%/ect to the rights of the 8ro#oters under this
Agree#ent and the Conveyance to %e e-ecuted in pursuance thereof, :hen the said
Association is registered and when all the a#ounts due and paya%le to the 8ro#oters in
respect of all the 9ats and other pre#ises in the %uilding are paid in full as aforesaid& the
8ro#oters shall .su%/ect to their o%taining the per#ission reEuired under the law and rules
and regulations0 e-ecute6get e-ecuted the necessary Conveyance .in keeping with this
Agree#ent and the rights of the 8ro#oters contained in this Agree#ent of the said property
descri%ed in the First Schedule hereunder written0 together with the said %uilding in favour
of the said Association, 'he Flat 8urchaser6s shall not raise any o%/ection and6or clai# any
co#pensation& thereof& if the area per#itted to %e conveyed is less than the area shown in
the First Schedule hereunder written,

3K, )n the event of the said Association %eing for#ed and registered6 incorporated %efore
the sale and disposal %y the 8ro#oters of all the 9ats the power and authority of the said
Association so for#ed and6or of the Flat 8urchasers6s and6or the 8urchasers of
the other+ther 9ats in the %uilding shall %e su%/ect to the overall authority and control of the
8ro#oters in respect of any of the #atters concerning the said %uilding& the construction and
co#pletion thereof and all a#enities pertaining to the sa#e and in particular the 8ro#oters
shall have a%solute authority and control as regards the unsold 9ats and other pre#ises and
disposal thereof, 'he 8ro#oters shall %e lia%le to pay only the Municipal 'a-es& and
#aintenance charges at actuals& in respect of the unsold 9ats and other pre#ises, )n case
the Deed of Conveyance is e-ecuted in favour of the said Association %efore the disposal %y
the 8ro#oters of all the 9ats and other pre#ises& then and in a such case& the 8ro#oters
shall /oin in as the 8ro#oter Me#%er in respect of such unsold pre#ises and as and when
such pre#ises are sold to the persons of the choice and at the discretion of the 8ro#oters&
the said Association shall ad#it as #e#%ers the purchasers of such pre#ises without
charging any pre#iu# or any other e-tra pay#ent6 6transfer charges,

3!, 'he Solicitors and6or Advocates of the 8ro#oters shall prepare and6or approve the
Deed of Conveyance and all other docu#ents to %e e-ecuted in pursuance of this
Agree#ent as also the %ye=laws in connection with the for#ation& registration and6or
incorporation of the said Association, All costs charges and e-penses including sta#p duty
registration charges and other e-penses in connection with the preparation and e-ecution of
the Deed6s of Conveyance and other docu#ents and for#ation and
registration6incorporation of the said Association shall %e %orne& shared and paid %y all Flat
8urchaser6s of the said %uilding in proportion to the area of their respective pre#ises and6or
paid %y the said Association, A deposit for such a#ount& free of interest& shall %e kept
deposited %y the Flat 6 8urchaser6s with the 8ro#oters one week %efore the ti#e of taking
possession of the said pre#ises,

3", 'he sta#p duty and registration charges of and incidental to this Agree#ent as per
provisions of (aw shall %e %orne and paid %y the Flat 8urchaser6s alone , )t shall %e the
responsi%ility& o%ligation and lia%ility of the Flat 6 8urchaser6s to lodge this Agree#ent for
registration, )n co#pliance with the o%ligations under the law& the 8ro#oters will attend the
Su%=Registry and ad#it e-ecution of this Agree#ent so as to get the sa#e registered& after
the Flat 8urchaser6s infor#s the 8ro#oters in writing the nu#%er under which it is lodged,

34, 'he deposits that #ay %e de#anded %y or paid to the MCBM for the purpose of
sanctioning the plans and6or issuing the Co##ence#ent Certi@cate& )+D and6or occupation
certi@cate and6or %uilding Co#pletion Certi@cate and for giving water drainage& electric
connection to the said %uilding shall %e paya%le %y all the Flat 8urchaser6s of the said
%uilding in proportion to the area of their respective 9ats& the a#ount of the sa#e to %e
deter#ined %y the 8ro#oters, 'he Flat 8urchaser6s agrees to pay to the 8ro#oters within !
days of de#and& such proportion of share of the Flat 6 8urchaser6s of such deposit,

D?, )f at any ti#e any develop#ents and6or %etter#ent charges or other levy are or is
charged& levied or sought to %e recovered %y the MCBMMBBM and6or any other pu%lic
authority in respect of the said property and6or %uilding& the sa#e shall %e %orne and paid
%y all the Flat 8urchaser6s in proportion to the respective area,

D, 'he Flat 8urchaser6s agrees and %inds hi#self6herself to pay to the 8ro#oters his6her
provisional #onthly contri%ution of Rs,555555555"??6= per #onth towards the aforesaid
outgoings .referred to in clause .0 a%ove fro# the date as provided hereina%ove in clause
.?0 0 and paya%le every #onth regularly in advance till such ti#e as the said property is
transferred to the said Association and he6she shall not withhold the sa#e for any reason
whatsoever,

D3, )f for any reason prior to the co#pletion of the said %uilding and the receipt %y the
8ro#oters of the total consideration #oney received %y the#& a Deed of Conveyance is
e-ecuted in favour of the said Association and if on the date of such Conveyance the said
%uilding is not fully constructed and6or co#pleted and6or is the %uilding and6or other
portions of the said property has or have not %een disposed of %y the 8ro#oters& on
ownership %asis& or if the 8ro#oters have not o%tained in full the consideration #oney
receiva%le %y the# fro# all persons who o%tain the 9ats& car parking spaces and other
portions in the said property& then and in such event& the 8ro#oters shall have the right to
construct and co#plete the said %uilding and to dispose of the unsold 9ats@ats& car parking
spaces and6or other portions of the said property and6or to receive the consideration #oney
even though such Conveyance is o%tained in favour of the said Association adeEuate
provisions for the a%ove #ay %e #ade in the Deed of Conveyance,

DD, All notice to %e served on the Flat 8urchaser6s as conte#plated %y the Agree#ent
shall %e dee#ed to have %een duly served and sent to the Flat 8urchaser6s %y prepaid post&
under certi@cate of posting& at his6her address speci@ed %elow 2

5555555555555555555555555
5555555555555555555555555
5555555555555555555555555

? & An#ol 'errace CAS& 8lot No
3?& Sector >& Moparkhairane&
Navi Mu#%ai*I?? !?4

DI, 'he Flat 6 8urchaser6s shall per#it the 8ro#oters and their surveyors and agents&
with or without work#an at all reasona%le ti#es to enter into and upon the said pre#ises or
any part thereof to view and e-a#ine the state and condition thereof and the
Flat6 8urchaser6s shall #ake good& within three #onths of the 8ro#oters giving a notice& all
defects& decays and wants of repair of which such notice in writing shall %e given %y the
8ro#oters to the Flat 8urchaser6s and also for the purpose of repairing any part of the
%uilding and for the purpose of #aking& repairing& #aintaining& re%uilding& cleaning& lighting
and keeping in order and condition all services& drains& pipes& ca%les& water courses& gutters&
wires& partition& walls or structure& or other convenience %elonging to or serving or used for
the said %uilding& and also for the purpose of laying& #aintaining& repairing and testing
drainage and water pipes and electric wires and ca%les and for si#ilar and other purpose
conte#plated %y this Agree#ent,

D>, )t is clearly understood and agreed %y and %etween the parties hereto that the
8ro#oters shall have the unEuali@ed and unfettered rights to sell on ownership %asis to any
person of their choice& the terraces terrace in the %uilding including the terraces a%ove the
top 9oor of the said %uilding su%/ect to the necessary #eans of access to %e per#itted for
such purpose so as to reach the water tank of the %uilding, 'he 8urchaser6s of such terrace
shall %e entitled to #ake use of the sa#e for all& purposes whatsoever as per#issi%le %y law,
Aowever& the 8urchaser shall not enclose or cover the said terrace without the written
per#ission of the 8ro#oters and6or the Society& as the case #ay %e& and the MCBM,

DK, )t is also understood and agreed %y and %etween the parties hereto that the terrace
space in front of or ad/acent to the terrace 9ats in the said %uilding if any& shall %elong
intended for the e-clusive use of the respective terrace Flat 8urchaser6ss, 'he Flat
8urchaser6s herein accepts that he shall not %e entitled to clai# any right& title or interest
e-clusively to any other Flat 8urchaser6s, Such terrace space shall %e #aintained and
repaired e-clusively %y the Flat 8urchaser6s to who# the sa#e are , allotted and the sa#e
shall %e kept in good clear and tenanta%le condition at all ti#es %y the# ,

D!, Su%/ect to the ter# in this %ehalf agreed %y the 8ro#oters with the said +wners in
Conveyance the present FS) applica%le to the saidSaid property is increased& such increase
shall %e ensured for the e-clusive %ene@t of the 8ro#oters alone without any re%ate and6or
co#pensation to the Flat 68urchaser6s,

D", So long as the area of the said pre#ises .agreed to %e acEuired %y the Flat
8urchaser6s fro# the 8ro#oters0 is not altered and the a#enities set out in the Second
Schedule hereunder written are not altered& the 8ro#oters shall %e at li%erty and are there%y
per#itted to #ake variations in the layout6)ayout 6 elevation of the said property and6or the
%uilding .including relocation of open spaces& %uilding6 garden spaces and6or varying the
location of the access to the said %uilding as the e-igencies of the situation and the
circu#stances of the case #ay reEuire0, 'he Flat 8urchaser6s e-pressly here%y consents to
all such variations,


:=< $IB9: 9=<DAC< 7!D#< B<$<BB<D :D

A(( 'AA' piece or parcel of land or part of the pension and ta- tenure .the cess
whereon in is now redee#ed0 %eing part or portion of the 8art called ; 8ileEueira Cheer<
situate lying and %eing at Ppper Mahi#& (ady Ja#shed/i Road& outside the Fort and in the
Registrationregistration Su%=District and District Mu#%ai City and Fo#%ay Su%ur%an
containing %y ad#easure#ent according to the Cadastral Survey .KI",?0 +ne thousand
Si- Aundred and forty eight deci#al one sEuare #etres or therea%outs together with the
#essuages tene#ents dwelling houses and structures standing thereon registered in the
Fooks of the collector of (and Revenue under New Nos,A6II?K and DK!! New Survey Nos,
D6I4 %ut now D6I! and D" Cadastral Survey Nos, >4K=!I4 and K> of the Mahi# Division
assessed %y the Fo#%ay Municipality under B=:ard Nos, >KKI& >KKK& >KK! . and D0 and
>K4 .A0 8art Street Nos, DD& D>& ID& IDFID" and K!AA .8art0 and declared as Final
8lot Nos, 34" and 344 of 'own 8lanning Sche#e No, ))) )ll of Mahi# Division and %ounded as
follows 2=

+n or towards North 2 %y Moghul (ane J
+n or towards Cast 2 %y 8lot No 34 and D?> J&
+n or towards :est 2 %y (ady Ja#shed/i& Road J&
+n or towards South 2 %y 8lot No, 34K and 34D

S)BNCD& SCA(CD AND DC()VCRCD 0
;J91 s E7F7:BI <0:<B/BI9<9 0
through 'hrough their duly authorised 8artner 0
Mr, 55555555555555555 0 Sa#ir A, Chheda 0

S)BNCD AND DC()VCRCD %y the 0 0
withinna#ed :ithinna#ed Flat 8urchaser 6s 0
555555555555555555555555555 0
;B1 C7CI:CD=70 #1 ?9=IB97E7B 0

B < < I / :

RCCC)VCD RCC)VCD of and fro# the withinna#ed Flat 8urchaser a su# of
Rs,55555555 3&??&???6= .Rupees 55555555555555'wo (akh only0 %eing the earnest #oney as
within#entioned paid %y the# to us& details whereof are as under 22

Pa(ee
Cheque
No.
Date
6rawn on
Amount *Rs.+ Drawer

"'"A&

Pa(er
Cheque No.
Date Drawn on Amount *Rs.+
A. I. Bshin3agar 6!/.$/ $!.-$.$!!%
State 'ank of
5ysore 'elapur
$*!!*!!!+,
0&0AA $*!!*!!!+,

:C SA7 RCCC)VCD
$or ;J91 E7F7:BI <0:<B/BI9<9

.8artner0 0,
/BD;D:<B9

:itness 2
DA'CD 'A)S DA7 +F 3??D

BA7A'R) CN'CR8R)SCS
Uthe 8ro#oters

AND

55555555555555555555
Uthe Flat 8urchaser

VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
7B:IC<9 D$ 7EB<<;<0:
MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM
In respect of Flat No. ,,, on the ,,, foor of the !uildin "no#n as $Gayatri
%part&ent' situate at +ahi&* +u&!ai.

Ca. /oint
ID& Fo#%ay Mutual Cha#%ers&
463& A#%alal Doshi Marg&
Fort& Mu#%ai Y I?? ?3D ,

3,

7B:IC<9 D$ 7EB<<;<0: $DB /<B;70<0: 7D;;DD7:ID0 #ade at Mu#%ai this
55555555 day of 555555555555 in the Christian 7ear 'wo 'housand Si- .3??K0 FC':CCN ;J91
E7F7:BI <0:<B/BI9<9> a partnership @r# registered under the )ndian 8artnership Act&
4D3 having its registered oNce at K& Narayan Mansion& KKA& Dr, A#%edkar Road& Dadar
.Cast0& Mu#%ai I?? ?I& hereinafter referred to as 6t+e De%elo*ers8 .which e-pression
shall unless it %e repugnant to the conte-t or #eaning thereof shall #ean and include the
partner or partners for the ti#e %eing of the said @r#& their survivor or survivor and their
heirs& e-ecutors and ad#inistrators0 of the +NC 8AR' AND 5555555555555555555555555of
Mu#%ai )ndian )nha%itant.s0 having his6her6their address at
5555555555555555555555555555555555 5555555555555555555 hereinafter referred to as 6t+e :enant
=older8 .which e-pression shall unless it %e repugnant to the conte-t or #eaning thereof
%e dee#ed to #ean and include his6her6their respective heirs& e-ecutors& ad#inistrators and
assigns0 of the +'ACR 8AR'2

G = < B < 7 9 H

A, Nari#an +r#us/i Daruwalla of Mu#%ai )ndian Xoroastrian )nha%itant& %eing the
'rustee under the Deed of Settle#ent dated !
th
March& 4D? and registered at the oNce of
the Su%=Registrar of Assurances at Fo#%ay under Serial No, 3?" created %y Ja#shed/i
Merwan/i Fitter and other .hereinafter referred to as the 'rustee0 was a%solutely seiLed and
possessed of or otherwise well and suNciently entitled to all that piece or parcel of land or
part of the 8ension and 'a- 'enure .the cess whereof is now redee#ed0 %eing part or portion
of the property called ;8ileEueir Cheer< situate lying and %eing at upper Mahi#& (ady
Ja#shed/i Road& outside& the Fort and in the Registration Su%=District and District Mu#%ai
City and Mu#%ai Su%ur%an containing %y ad#easure#ent according to the Cadastral Survey
KI"=? sE, #trs, .hereinafter referred to as ;the said plot of land<0 together with the
#essuages tene#ents dwelling houses and structures standing thereon .hereinafter referred
to as ;the said structures<0 registered in the Fooks of the Collector of (and Revenue under
New Nos,A6II?K and DK!! New Survey Nos, D6I4 %ut now D6I! and D" Cadastral Survey
Nos, >4K=!I4 and K> of Mahi# Division #ore particularly descri%ed in the Schedule
hereunder written and delineated on the plan thereof hereto anne-ed and #arked
as 7nnexure 678 .unless and until referred to individually the said plot of land together with
the said structures are collectively referred to as ;the said property<0, 'he structures were
partly occupied %y tenants6occupantsJ

F, 'he structures standing on the said plot of land %eing cessed and having %een
constructed prior to 4I? .as per the Develop#ent Control Regulations No, DD.!0 of 440&
redevelop#ent of the said property was per#issi%le& partly with FS) at 3,?? where portion of
the said property is aTected %y Coastal Regulation Xone and %alance portion with FS) at 3,>&
su%/ect however to the provisions of Maharashtra Aousing and Area Develop#ent Act& 4!K
.MAADA0J

C, Fy and under a Develop#ent Agree#ent dated 3>
th
January& 44 read with
nd
March& 3??3 duly registered at the oNce of the Su%=Registrar
of Assurances at Mu#%ai under Serial No, D?? of 3??3 .;the said Develop#ent
Agree#ent<0& the then 'rustees had granted and conferred develop#ent rights in respect of
the said property unto the Developers herein for the consideration and upon the ter#s and
conditions #ore particularly setout thereinJ

D, )n ter#s of the aforesaid Develop#ent Agree#ent& the Developers negotiated and
settled with all the tenants6occupants of the said property for o%taining vacant possession of
the tenanted pre#ises and structures in their respective occupation to facilitate construction

C, Accordingly& in pursuance of the negotiations and settle#ent& the Developers agreed
to provide to each 'enant one self contained 9at of carpet area 3!> sEuare feet on
ownership %asis& free of cost in the new %uilding to %e constructed on the front side of the
said property for reha%ilitating the tenants6occupants of the said property in lieu of their
tenanted pre#isesJ

F, Accordingly& the Developers o%tained per#issions for redevelop#ent under P(C Act&
4!K fro# the oNce of Additional Collector& P(C& Breater Mu#%ai and fro# Mu#%ai Fuilding
Repairs and Reconstruction Foard .MAADA0 for re=develop#ent of said property vide orders
dated 3K
th
th
Septe#%er& 3??3& respectivelyJ

B, 'he Developers have got the %uilding plans sanctioned and approved %y the MCBM
for construction of two %uildings on the said property na#ely& the Fuilding for #ainly
reha%ilitating the tenants6occupants on the said property& such Reha%ilitation Fuilding to %e
located on the front side of the said property and the Free Sale Fuilding for sale to
prospective purchasers& such Free Sale Fuilding to %e located on the rear side of the said
property vide )nti#ation +f Disapproval .),+,D,0 %earing No, CF643KI6BN6A dated
D
th
Dece#%er& 3??3 and Co##ence#ent Certi@cate .C,C0 dated D
rd
May& 3??D in respect of
the Reha%ilitation Fuilding and )+D %earing No, CF643KD6BN6A dated D
th
Dece#%er& 3??3 in
respect of the Free Sale Fuilding and in pursuance whereof the Developers have co##enced
and co#pleted construction of the Reha%ilitation Fuilding on the front side .;the said reha%
%uilding<0 and have o%tained +ccupation Certi@cate dated 555555555555 in respect thereof,
Copy of +ccupation Certi@cate is anne-ed hereto #arked 7nnexure 6!8J

A, 'he said reha% %uilding is co#prising of ground and K upper 9oors or such upper
9oors as #ay %e sanctioned fro# ti#e to ti#e, 'he said reha% %uilding shall not only contain
constructed pre#ises for reha%ilitating tenants6occupants of the said property %ut also
contain constructed pre#ises for free sale %y Developers to prospective 9at purchasersJ

), 'he 'enant Aolder is a #onthly tenant of the 'rustee in respect of Roo# No, on the
9oor ad#easuring sE, ft, .;the tenanted pre#ises<0 in the said property %y paying a
#onthly rent of Rs, 555555 to the trustee and is entitled to the %ene@t of allot#ent of one self
contained 9at in the said reha% %uilding on ownership free of costs and accordingly the
Developers have agreed to allot to the 'enant Aolder and the 'enant Aolder has agreed to
accept fro# the Developers in lieu of his6her6their tenancy rights& Flat No, 55555 ad#easuring
3!> sE, ft .carpet area0 on the 555555 9oor %eing an area #ore than the area of the tenanted
pre#ises& as and %y way of per#anent alternate acco##odation on ownership %asis free of
costs in the said reha% %uilding constructed on the front side of the said property
.hereinafter referred to as ;the said pre#ises<0J

J, 'he Developers have entered into a prescri%ed Agree#ent with the Architect& M6s,
Ra#nani R Associates registered with the Council of Architects and also appointed Ashit
Vora R Associates as Structural Cngineers for preparing structural designs and drawings and
speci@cations of the %uilding and the 'enant Aolder accepts the professional supervision of
the said Architect and the said structural Cngineer till the co#pletion of the %uildingJ

M, 'he 'enant Aolder has de#anded fro# the Developers and the Developers have
given inspection to the 'enant Aolder of all the docu#ents of title relating to the said
property& the plans& designs and speci@cations prepared %y the Developers Architect M6s,
Ra#nani R Associates and of such other docu#ents as are speci@ed under the Maharashtra
+wnership Flats .Regulation of the 8ro#otion of Construction& Sale& Manage#ent and
'ransfer0 Act& 4KD and the Rules #ade thereunderJ

(, A copy of the Certi@cate of 'itle issued %y Ms, Joyita Mitra& Advocate R Solicitor of the
Developers as well as the copy of the property register card in respect of the said property
and copy of the 9oor plan of the said pre#ises agreed to %e allotted to the 'enant Aolder
#arked 7nnexures 68> 6D8 and 6<8 respectivelyJ

M, Pnder the provisions of Section I of the +wnership Flats Act& the Developers are
reEuired to e-ecute a written agree#ent in favour of the Flat +wner %eing the 'enant Aolder
herein and accordingly these presents are e-ecuted and registered under the provisions of
)ndian Registration ActJ
N, 'he 'enant holder.s0 agree that upon the Developers allotting the said pre#ises in
the newly constructed reha% %uilding to the 'enant holder& the Developers have co#plied
with the directions of order dated
st
Dece#%er& 3??D passed %y the AonG%le Aigh Court of
Judicature at Fo#%ay in :rit 8etition No, 3K>> of 3??D and accordingly the parties are
desirous of recording the co#pliance %y the Developers of all their o%ligations as appearing
hereafterJ

/7B:I<9 =<B<:D 79 $DCCDG9H"


3, 'he Developers agree& con@r# and declare that the 'enant Aolder is a #onthly
tenant in respect of Roo# No, on the 9oor ad#easuring sE, ft, .;the said tenanted
pre#ises<0 in respect of the structures standing on the said property and paying therefore a
#onthly rent of Rs,555556= and the tenancy is valid and su%sisting,

D, 'he Developers have constructed the said reha% %uilding co#prising of ground and
si- upper 9oors or such upper 9oors as #ay %e sanctioned fro# ti#e to ti#e on the said
property #ore particularly descri%ed in the Schedule hereunder written in accordance with
the plans speci@cations and designs approved %y FMC and other local authorities which
have %een seen and approved %y the 'enant Aolder and with only such variations and
#odi@cations as the Developers #ay consider necessary or as #ay %e reEuired %y the
concerned authorities or Bovern#ent to %e #ade in the# provided that the Developers
shall not #ake any variations or #odi@cations which #ay adversely aTect the 9at& of the
'enants,

I, 'he Developers here%y agree to transfer& assign handover and allot to the 'enant
Aolder Flat No, 555 ad#easuring 3!> sE, ft, .carpet0 on the 55555 9oor .%eing an area #ore
than the area of the tenanted pre#ises0 in the said reha% %uilding constructed on the front
side of the said property .;the said pre#ises<0 as and %y way of per#anent alternative
acco##odation free of cost and on ownership %asis and the 'enant Aolder agrees to take
over and accept the aforesaid allot#ent6transfer in pursuance to the +rder dated
st
Dece#%er& 3??D #ade in :rit 8etition No, 3K>> of 3??D %y the AonG%le Aigh Court at
Fo#%ay .;the said +rder<0,

>, 'he 'enant Aolder is aware that the Developers have %efore the e-ecution hereof
paid a su# of Rs, "&??&???6= .Rupees Cight (as only0 to Bayatri Apart#ent Association for
and on %ehalf of all the tenants6occupants who have %een allotted per#anent
acco##odation free of cost in the Reha% Fuilding %eing lu#psu# deposit with the intent
that all inco#e accrued therefro# shall %e utiliLed %y the tenant6occupant for #eeting their
share of contri%ution towards #aintenance charges6electricity %ills of lift for Reha%ilitation
Fuilding, 'he %alance re#aining if any& out of the inco#e6interest on the said deposit shall
%e accu#ulated and the sa#e shall %e utiliLed towards contri%ution of the share of the
occupant and the other 'enants and +ccupants for #eeting cost of #a/or repairs of the lift,

K, 'he 'enant Aolder declares& con@r#s and records that the Developers have co#plied
and discharged with all the o%ligations reEuired to %e co#plied %y the Developers under the
said Develop#ent Agree#ent and under the said +rder fully and eTectively and to
his6her6their co#plete satisfaction and that he6she6they shall hereafter have no
clai#6de#and of whatsoever nature or otherwise in any #anner whatsoever against the
Developers herein and that 'enant Aolder doth here%y inde#nify and keep the Developers
inde#ni@ed against any such clai#6de#and %eing #ade %y any person clai#ing any right&
interest through or under the# at any ti#e hereafter,

!, 'he Developers here%y agree that they shall %efore e-ecution of Deed of
Conveyance6Deed of Assign#ent6vesting docu#ent of the said plot of land in favour of a co=
operative society as speci@ed hereinafter #ake full and true disclosure of the nature of their
title to the said land as well as encu#%rances& if any& including any right& title& interest of
clai# of any part in or over the said plot of land and shall& as far as practica%le and su%/ect
to what is stated hereinafter& ensure that the said land is free fro# all encu#%rances and
that the Developers have clear and #arketa%le title to the said land so as to ena%le the# to
convey in favour of the said society6li#ited co#pany such clear and #arketa%le title on the
said e-ecution of a Deed of Conveyance,

", )##ediately on or %efore e-ecution of this presents the Developers have handed
over vacant& Euiet and peaceful possession of the said pre#ises to the 'enant Aolder& in full
and @nal settle#ent of all his6her6their clai#s6%ene@ts6de#ands in respect of said tenanted
pre#ises and6or through under the said +rder and the 'enant Aolder declares that
he6she6they has6have taken possession of the said pre#ises and is co#pletely satis@ed
with the a#enities and Euality6work#anship of a#enities provided in the said pre#ises,

4, 'he @-tures& @ttings and a#enities provided in the said pre#ises and the #aterials
used in the construction of the said reha% %uilding and the speci@cations of the said reha%
%uilding are those as have %een #utually agreed,

?, )t is agreed& declared and con@r#ed that the percentage of the undivided interest of
said pre#ises shall %e in proportion of the area of the pre#ises agreed to %e provided
hereunder to the total co##on areas and facilities li#ited or otherwise in the said reha%
%uilding,

, 'he 'enant Aolder and his6her6their no#inee6s shall use the pre#ises or any part
thereof only for the purpose of residence,

3, 'he 'enant Aolder shall si#ultaneously upon the e-ecution hereof %e lia%le to
deposit with the Developers the following 2

.a0 a su# of Rs, D>?6= .Rupees 'hree Aundred Fifty only0 as share #oney for #e#%ership
for the Co=operative Aousing Society (td, to %e for#ed of all the 8urchasers6Allotees of the
said reha% %uildingJ

.%0 a further su# of Rs, ???6= .Rupees +ne 'housand only0 as deposit for the pay#ent
%y the 'enant Aolder towards his6her6their contri%ution to the #unicipal ta-& water charges
and the #aintenance charges of the said property& till the Co=operative Aousing Society (td,
of the Flat 8urchasers6Allotees is for#ed and registeredJ

.c0 a further su# of Rs,3>?6= .Rupees 'wo Aundred Fifty only0 as his6her6their share in
the profession fees for the DeveloperGs Advocate for investigation of title and preparing
Agree#ent and Conveyance and other necessary docu#entsJ

.d0 a further su# of Rs,3>?6= .Rupees 'wo Aundred Fifty only0 as his6her6their provisional
share towards out of pocket costs& charges and e-penses such as sta#p duty& registration
charges etc, on the Agree#ents and Conveyance and other necessary docu#ents and for
for#ation and registration of Co=operative Aousing Society (td, 'he 'enant Aolder shall pay
the %alance of his6her6their share of such out of pocket costs as and when called upon %y the
Developers,

.e0 a su# of Rs,3>?6= .Rupees 'wo Aundred Fifty only0 every #onth fro# the date of
delivery of possession of the new pre#ises to hi#6her6the# as his6her6their contri%ution
towards #unicipal ta-es& water charges& #aintenance charges of the said property until the
sa#e is transferred to the Co=operative Aousing Society or other association of the Flat
8urchasers6Allottees of the said reha% %uilding, 'he 'enant Aolder undertakes to pay to the
Developers such #onthly contri%ution regularly and shall not withhold the sa#e for any
reason whatsoever,

D, 'he Flat 8urchasers in the said free sale %uilding and the Flat 8urchasers6'enant
Aolder.s0 in the said reha% %uilding shall for# separate Co=operative Societies for their
respective %uildings, Ppon co#pletion of %oth %uildings and within K? days of receipt of
+ccupation Certi@cate the Developers shall cause the 'rustee to e-ecute Deed of
Conveyance of the said plot of land and %uildings constructed thereon in favour of the Co=
operative Society for#ed %y 9at purchasers in the said free sale %uilding and which Co=
operative Society in turn will grant lease to the society which would %e for#ed %y the Flat
8urchasers6tenants6occupants residing in the said reha% %uilding in respect of the said reha%
%uilding and the land %eneath it, 'he 'enant Aolder.s0 is6are aware of the sa#e and gives
his6her6their No +%/ection for the sa#e, +n separate Co=operative Societies %eing
registered the rights of the Flat 8urchaser as the purchaser of the said pre#ises and 'enant
Aolder will %e registered and regulated %y the provisions of the said Co=operative Society
and the Rules and Regulations fra#ed %y the#& %ut su%/ect to the ter#s of this Agree#ent,

I, +n the co#pletion of entire develop#ent& the Developers shall co=operate& with the
Flat 8urchaser in for#ing& registering and incorporating Co=operative Societies as envisaged
herein and for the purpose fro# ti#e to ti#e sign and e-ecute the application for
proposed society and duly @ll in& sign and return to the Developers within four days of the
sa#e %eing forwarded %y the Developers to the 'enant Aolder& so as to ena%le the
Developers to register the society of the Flat Aolder under section ? of the said Act within
the ti#e li#it prescri%ed %y rule " of the Maharashtra +wnership Flats .Regulation of the
8ro#otion of Construction& Sale& Manage#ent and 'ransfer0 Act& 4KI or the co#pletion of
develop#ent of %uildings whichever is later, No +%/ection shall %e taken %y the 'enant
Aolder if any changes or #odi@cations are #ade in the draft %ye=laws as #ay %e reEuired %y
the Registrar of Co=operative Societies or any other co#petent Authority, 'he rights of
#e#%ers of the Co=operative Society %eing su%/ect to the rights of the Developers under
this Agree#ent and the vesting docu#ents to %e e-ecuted in pursuance thereof, :hen the
Co=operative Societies are registered and when all the a#ounts due and paya%le to the
Developers in respect of all the 9ats and other pre#ises in the %uildings are paid in full as
aforesaid& the Developers shall .su%/ect to their o%taining the per#ission reEuired under the
keeping with this Agree#ent and the rights of the Developers contained in this Agree#ent of
the said property descri%ed in the Schedule hereunder written0 e-ecuted,

>, 'he Developer %e entitled to consu#e additional FS) availa%le in respect of the said
plot of land till the registration of the society and e-ecution of assign#ent6conveyance in its

K, 'he Developers shall have a right until %oth the %uildings are co#pleted i,e, the free
sale %uilding and the reha% %uilding and two proposed co=operative housing societies are
for#ed as envisaged and the land #ore particularly descri%ed in the Schedule hereunder
and storeys and terrace thereon will su%/ect to the right of the Developers as provided in
said Develop#ent Agree#ent& %e the sole property .to the e-clusion of the 'enant Aolder0
who will %e entitled to dispose it oT in any way they choose and the 'enant Aolder here%y
consents to the sa#e and agrees not to raise any o%/ection for whatsoever reason to the
sa#e, 'his consent shall %e considered to %e 9at 8urchaserSs consent conte#plated %y
section !.i0.ii0 of 'he Maharashtra +wnership Flats Act& 4KI,

!, 'he 'enant Aolder shall have no clai# whatsoever e-cept in respect of the pre#ises
here%y agreed to %e acEuired, All the open spaces& unallotted 9ats and other spaces in the
%uilding& etc, will re#ain the a%solute property of the Developers and the Developers if so
desire& #ay /oin in as the #e#%ers of the Co=operative Society in respect of such unallotted
9ats and other pre#ises and shall have full right a%solute power and authority to deal with
and to sell& transfer& lease& let or otherwise dispose of the sa#e in any #anner and for such
consideration& and on such ter#s and conditions& as they #ay in their sole and a%solute
discretion dee# @t and proper and the Co=operative Society shall %e %ound to ad#it as
#e#%ers& the purchasers of such pre#ises without charging in any pre#iu# or other e-tra
pay#ent or charges,

", )n the event of the society %eing for#ed and registered %efore the sale and disposal
%y the Developers of all the 9ats in the said %uildings the power and authority of the society
so for#ed in all #atters pertaining to the unsold units6pre#ises shall %e su%/ect to the
overall authority and control of the Developers& as also over all or any of the #atters
concerning& the construction and co#pletion of the said %uildings and all a#enities
appertaining to the sa#e and in particular and the Developers shall have a%solute authority
and control as regards the unsold 9ats6garages6terrace6parking space under stilt6open
parking space in the said %uildings and the said reha% %uilding and the disposal thereof,

4, 'he 'enant Aolder with intention to %ind all persons into whosoever hands the said
pre#ises #ay co#e& doth here%y covenants with the Developers as follows 2=

a0 'o #aintain the said pre#ises at 'enant Aolders own cost in good tenanta%le repair
and condition fro# the date of possession of the said pre#ises is taken and shall not do to or
suTered to %e done in or to %e %uilding in which the said pre#ises is situated staircase or
any passages which #ay %e against the rules& regulations and %ye=laws or concerned local
or any other authority or change6alter or #ake additions in or to the %uilding in which the
said pre#ises situated and in the said pre#ises itself or any part thereof,

%0 Not to store in the pre#ises any goods which are of haLardous& co#%usti%le or
in which the pre#ises is situated or storing of which goods is o%/ected to %y the concerned
local or other authority and shall to carry on %e carried heavy packages to upper 9oors
which #ay da#age or likely to da#age the staircase& co##on passages or any other
structures of the %uilding in which the 9at is situated including entrances of the %uilding in
which the pre#ises is situated and in case any da#age is caused to the %uilding in which
the pre#ises is situated or the 9at on account of negligence or default of the 'enant Aolder
in this %ehalf& the 'enant Aolder shall %e lia%le for the conseEuences of the %reach,

c0 'o carry at his6her6their own cost all internal repairs to the said pre#ises and
#aintain the pre#ises in the condition& state and order in which it was delivered %y the
Developers to the 'enant Aolder and shall not do or suTering to %e done anything in or to
the %uilding in which the pre#ises is situated or the pre#ises which #ay %e given the rules
and regulations and %ye=laws of the concerned local authority or other pu%lic authority& in
the event of the 'enant Aolder co##itting any act in contravention of the a%ove provision&
the 'enant Aolder shall %e responsi%le and lia%le for the conseEuences thereof to the
concerned local authority and6or other pu%lic authority,

d0 Not to de#olish or cause to %e de#olished the pre#ises or any part thereof& nor at
any ti#e #ake or cause to %e #ade any addition or alterations of whatever nature in or to
the 9at or any part thereof& nor any alteration in the elevation and outside colour sche#e of
the reha% %uilding in which the pre#ises is situated and shall keep the portion& sewers&
drains& pipes in the 9at and appurtenance thereto good tenanta%le repair and condition and
in particular so as to support shelter and protect the other parts of the %uilding in which the
9at is situated and shall not chisel or in any other #anner da#age to colu#ns& %ea#s& walls&
sla%s or RCC& 8aradis& or other structural #e#%ers in the 9at without the prior written
per#ission of the Developers and6or the society,



g0 'he 'enant Aolder shall not let& su%=let& transfer& assign or part with 'enant AolderSs
interest or %ene@t factor of this Agree#ent or part with the possession of the 9at until all the
dues paya%le %y the 'enant Aolder to the Developers under this Agree#ent are fully paid=up
and only if the 'enant Aolder has not %een guilty of %reach of or non=o%servance of any of
the ter#s and conditions of this Agree#ent,

h0 'he 'enant Aolder shall o%serve and perfor# all the rules and regulations which the
that #ay %e #ade fro# ti#e to ti#e or protection and #aintenance of the said reha%
%uilding and the 9ats therein and for the o%servance and perfor#ance of the %uilding rules&

i0 'ill vesting docu#ents are e-ecuted in the #anner envisaged hereto the 'enant
Aolder shall per#it the Developers and their surveyors and agents& with or without work#en
and others at all reasona%le ti#es& to enter into and upon the said land and %uilding or any
part thereof to view and e-a#ine the state and condition thereof,

3?, )t is e-pressly agreed and declared as an essential and integral ter# and condition of
the Schedule hereunder written and of the %uildings to %e put up thereof0 in pursuance of
this Agree#ent that2

.a0 'he Developers shall %e entitled to use any un=consu#ed6residual and6or additional
FS) in respect of the said property and6or co#pensatory FS)& slu#s or otherwise as #ay %e
per#itted %y the MCBM in the construction& e-tension and co#pletion of the %uildings to %e
constructed on the said plot descri%ed in the Schedule hereunder writtenJ

.%0 At present the said free sale %uilding will %e co#prising of K upper 9oors or as #ay%e
Developers +wners alone& who shall %e entitled to deal with and dispose of the sa#e as the
Developers #ay desire6decide, 8rovided always and it is here%y e-pressly agreed that the
'enant Aolder shall not co#plain a%out and shall have to %ear with the inconvenience& noise&
irritation or nuisance caused to hi#6 her6the# as and when the Developers undertake the
additional construction and here%y grants his6her6their irrevoca%le consent to the sa#eJ

.c0 )t is agreed that the entire %ene@ts .including co#pensation0 that #ay %e granted %y
the MCBM and6or other %odies or authorities in respect of any portion of the said property
shall %elong to the Developers alone, )t is e-pressly clari@ed that neither the 'enant
Aolder.s0 nor the society shall have or clai# any interest and6or share and6or %ene@ts and6or
co#pensation in respect of the area out of such propertyJ

.d0 'he Developers shall have the unEuali@ed and unfettered rights to sell on ownership
%asis to any person of their choice& the terraces in the %uilding.s0 including the terraces
a%ove the top 9oor of the said %uilding.s0 su%/ect to the necessary #eans of access to %e
per#itted for such purpose so as to reach the water tank of the %uilding.s0, 'he 'enant
Aolder6Flat 8urchaser of such terrace shall %e entitled to #ake use of the sa#e for all
purposes whatsoever as per#issi%le %y law, Aowever& the 'enant Aolder6Flat 8urchaser shall
not enclose or cover the said terrace without the written per#ission of the Developers
and6or the Society& as the case #ay %e& and the MCBMJ

.e0 )t is also understood and agreed %y and %etween the parties hereto that the terrace
space in front of or ad/acent to the terrace 9ats in the said Reha% Fuilding if any& shall
%elong e-clusively to the respective purchaser of the terrace 9at and such terrace spaces
are intended for the e-clusive use of the respective terrace Flat 8urchasers in %uilding, 'he
'enant Aolder herein accepts that he6she6they shall not %e entitled to clai# any right& title or
interest whether %y way of ease#ent or otherwise into or upon the said terrace space
allotted e-clusively to any other Flat 8urchasers6'enant Aolder.s0, Such terrace space shall
%e #aintained and repaired e-clusively %y the Flat 8urchasers to who# the sa#e are
allotted and the sa#e shall %e kept in good clear and tenanta%le condition at all ti#es %y
the#J

.f0 )t is agreed that if at any ti#e prior to e-ecution of the Deed of Conveyance6vesting
docu#ents the present FS) applica%le to the said property is increased& such increase shall
%e ensured for the e-clusive %ene@t of the Developers alone without any re%ate and6or
co#pensation to the Flat 8urchasers in the free sale %uilding and6or 'enant Aolder.s0 in the
reha% %uildingJ

3, )t is further agreed %etween the Developers and the 'enant Aolder that at the ti#e of
lease of the reha% %uilding as envisaged the 'enant Aolder and6or the said society shall
rei#%urse to the Developers all the )+D deposits and other refunda%le deposits paid %y the
Developers in respect of the said %uilding,

33, At the ti#e of registration of the aforesaid docu#ent the Developers shall %ear6pay
the 'enant AolderSs share of sta#p duty and registration charges paya%le& if any& %y the said
society on the assign#ent6lease or any docu#ent or instru#ent of transfer in respect of the
said reha% %uilding and the land %eneath %uilding to %e e-ecuted in favour of the society,

3D, 'he 'enant Aolder has taken inspection of all relevant docu#ents and has satis@ed
hi#self6herself6the#selves fully in respect of the DevelopersG title to the said property
descri%ed in the Schedule hereunder written prior to the e-ecution of this Agree#ent and
doth here%y accept the sa#e and agrees not to raise any reEuisition or o%/ection6s relating
thereto at any stage,

3I, 'he said free sale %uilding to %e constructed %y the Developers on the said plot shall
at all ti#es %e na#ed ;Fortune Aeights< and the said reha% %uilding constructed %y the
Developers on the front side of the said plot of land shall %e known as ;Bayatri Apart#ents<
these na#es shall not at any ti#e %e altered or changed without the prior written consent
and per#ission of the Developers,

3>, 'he 'enant Aolder here%y agrees& undertakes and covenants with the Developers
that neither he6she6the#& nor the said societies shall at any ti#e hereafter li#it& curtail&
revoke& cancel or ter#inate any of the powers& rights& %ene@ts& interests& privileges or
authorities reserved %y& or granted to the Developers under this Agree#ent& or any other
deed& docu#ent or writing that #ay %e entered into and e-ecuted %etween the parties
hereto& or those of the Developers as #entioned herein& and the 'enant Aolder and %oth the
said societies shall %e %ound and lia%le to render to the Developers& all necessary assistance
and co=operation& to ena%le the# to e-ercise and avail of the sa#e,

3K, Nothing contained in this Agree#ent is intended to %e nor shall %e constructed as a
grant& de#ise or assign#ent in law of the said 9ats or of the said plot of land and %uilding.s0
or any part thereof, 'he 'enant Aolder shall have no clai# save and e-cept in respect of the
9at here%y agreed to %e allotted to hi#6her6their and all terraces& open spaces& parking
spaces& lo%%ies& staircases& etc, will re#ain the property of the Developers& until the said
land and %uildings are transferred to the society as hereina%ove #entioned,

3!, Any delay tolerated or indulgence shown %y the Developers in enforcing the ter#s of
this Agree#ent or any for%earance or giving of ti#e to the 'enant Aolder %y the Developers
shall not %e construed as a waiver on the part of the Developers of any %reach of
nor shall the sa#e in any #anner pre/udice the rights of the Developers,

3", 'he Developers shall %e at li%erty to sell& assign or otherwise deal with or dispose of
their right& title and interest in the said plot of land heredita#ents and pre#ises and the
%uildings constructed or hereafter to %e erected thereon at their a%solute discretion
8R+V)DCD that the Developers do not in any way aTect or pre/udice the right here%y
granted in favour of the 'enant Aolder,

34, 'he 'enant Aolder shall present this agree#ent for registration within the ti#e
prescri%ed %y the Registration Act and inti#ate to the Developers the serial nu#%er under
which the sa#e is lodged for Registration and thereafter the Developers shall within the ti#e

D?, All notices to %e served on the 'enant Aolder as conte#plated %y this Agree#ent

D, 'his Agree#ent shall always %e su%/ect to the provisions of the Maharashtra

D3, 'he 8er#anent Account Nu#%er of the parties hereto are as under2

Name Permanent A/c. No.
5+s. @ayatri 7nterprises



7CC :=7: piece or parcel of land or part of the pension and ta- tenure .the cess whereon is
now redee#ed0 %eing part or portion of the property called ;8ileEueir Cheer< situate lying
and %eing at Ppper Mahi#& (ady Ja#shed/i Road& outside the Fort and in the Registration
Su%=District and District Mu#%ai City and Fo#%ay Su%ur%an containing %y ad#easure#ent
according to the Cadastral Survey .KI",?0 +ne thousand Si- Aundred and forty eight
deci#al one sEuare #etres or therea%outs Messuages tene#ents dwelling houses and
structures standing thereon registered in the Fooks of the collector of (and Revenue under
Nos,>4K=!I4 and K> of the Mahi# Division assessed %y the Fo#%ay Municipality under B=
:ard Nos,>KKI& >KKK& >KK! . and D0 and >K4 .A0 8art Street Nos, DD& D>& ID& IDF
and K!AA .8art0 and declared as Final 8lot Nos, 34" and 344 of 'own 8lanning Sche#e No,
))) of Mahi# Division,

;J91 E7F7:BI <0:<B/BI9<9 0
through their 8artner 0
Mr, Suketu 'ridevi 0

withinna#ed 'enant Aolder 0
0
DA'CD 'A)S DA7 +F 3??K

;J91 E7F7:BI <0:<B/BI9<9
,,,,,, the Developers

AND


7B:IC<9 D$ 7EB<<;<0: #ade and entered into at Mu#%ai this 55555 day of
5555555555555555 %etween 9I:7B7; 7E7BG7C of Mu#%ai )ndian )nha%itant having address
at K=F& Aorni#an Circle& Xoroastrian Fuilding& Fort& Mu#%ai I?? ?3D hereinafter referred to
as 6t+e D.ner8 .which e-pression shall unless it %e repugnant to the conte-t or #eaning
thereof %e dee#ed to #ean and include his heirs& e-ecutors and ad#inistrators0 of the +ne
8art and ;B1 07B<0DB7 7E7BG7C of Mu#%ai )ndian )nha%itant having address at Roo#
No, >& Devi 8rasad& 3I>& Sion .Cast0& Mu#%ai I?? ?33& hereinafter referred as 6t+e
%e dee#ed to #ean and include his6her6their heirs& e-ecutors& ad#inistrators and assigns0
of the +ther 8art2

G = < B < 7 9 H

A, 'he +wner is a%solutely seiLed and possessed of or otherwise well and suNciently
entitled to the leasehold plot of land containing an area of "?D sE, yds, eEuivalent to K!,
IDI sE, #trs or therea%outs %eing 8lot No, 3I> of the Sion Matunga Cstate .Cast0 of the
Corporation in the City and )sland and Su%=Registration District of Mu#%ai which piece of
land for#s a portion of the New Survey No, !3 and %ears Cadastral Survey No, >I>6K of
Sion Division together with structure known as ;Devi 8rasad< standing thereon and
co#prising of ground and two upper 9oors .hereinafter referred to as ;the said %uilding<0
and #ore particularly descri%ed in the Schedule hereunder written and hereinafter referred
to as ;the said property<J

F, 'he 'enant is a #onthly tenant of the +wner and is in use and occupation of Roo#
No, > ad#easuring KK,"! sE, #trs eEuivalent to !4,!4 sE, ft, carpet area on the
st
9oor of
the said %uilding and is paying a #onthly rent of Rs, >?6= to the +wner in respect thereof
.hereinafter referred to as ;the said tenanted pre#ises<0 and the said tenancy is valid and
su%sisting, Copies of the rent receipts of the 'enant are anne-ed hereto and collectively
#arked as 7nnexure 678J

ANNX-A

C, 'he +wner is desirous of redeveloping the said property %y de#olishing the said
%uilding and constructing a new %uilding thereon co#prising of ground& #eLLanine and
upper 9oors in accordance with plans and speci@cations that #ay %e sanctioned and
approved %y the Municipal Corporation of Breater Mu#%ai and in accordance with the
provisions and rules fra#ed %y Maharashtra Aousing and Area Develop#ent Authority
.MAADA0J

D, 'he 'enant has given his6her N+C for redevelop#ent of the said property to MAADA
and the sa#e has %een shown in the MAADA C-tracts Approval dated D
rd
August& 3??J
C, 8ursuant to discussions and negotiations %etween the parties hereto& the 'enant has
agreed to surrender his6her tenancy rights in the said tenanted pre#ises in lieu of %eing
provided free of cost a per#anent alternative acco##odation of a 9at& on ownership %asis
in the proposed new %uilding to %e constructed on the said property to %e constructed %y
the +wnerJ

F, As per negotiations %etween the parties hereto& the 'enant was to %e provided with a
9at in the proposed %uilding having an area eEuivalent to the area of the said tenanted
pre#ises %y way of per#anent alternate acco##odation, Aowever& the +wner has
represented that as per the proposed plans of the new %uilding and the 9ats therein there is
no 9at in the proposed new %uilding of the sa#e area as that of the said tenanted pre#ises
and the new pre#ises to %e provided to the 'enant will have additional area of DD,3K sE, ft,
carpet, Aowever& the 'enant does not have the @nancial capacity6suNcient funds to pay any
consideration towards such additional area and therefore in view of the 'enant having
refused to purchase any additional area and also so as to ensure the co=operation of the
'enant in the redevelop#ent process& the +wner has agreed to allot to the 'enant on
ownership %asis free of cost& a 9at ad#easuring !>D,?> sE, ft, .including additional area of
DD,3K sE,ft,0& which the 'enant has agreed to accept and the parties hereto are desirous of
recording the ter#s and conditions agreed %y and %etween the# in the #anner hereinafter
appearing,

/7B:I<9 =<B<:D 79 $DCCDG9H

operative part of this Agree#ent as if the sa#e are reproduced herein ver%ati#,

ANNQ=C
ANNX-B
3, )n consideration of the 'enant having agreed to surrender his6her tenancy rights and
handing over vacant and peaceful possession of Roo# No, > ad#easuring KK,"! sE, #trs
eEuivalent to !4,!4 sE, ft, carpet area on the
st
9oor of the said %uilding ;Devi 8rasad<
standing on the property .hereinafter referred to as ;the said tenanted pre#ises<0& the
+wner agrees to provide on ;ownership %asis< and free of cost to the 'enant a self contained
9at %earing No, I ad#easuring K4,4K sE, #trs eEuivalent to !>D,?> sE, ft, carpet area
.including additional area of DD,3K sE, ft,0 on the 3
nd
9oor of the proposed new %uilding to
%e constructed after de#olishing the e-isting %uilding known as ;Devi 8rasad< and as shown
on proposed plan of the 9at de#arcated in green colour wash and anne-ed hereto and
#arked as 7nnexure 6!8 .hereinafter referred to as ;the said new 9at<0, 'he a#enities to
%e provided to the 'enant in the said 9at shall %e si#ilar to the a#enities that shall also %e
provided %y the +wner to other 9at purchasers in the new %uilding a list of which a#enities
is provided in 7nnexure 68 attached hereto, 'he +wner shall allot one open6stilt car=
parking space %earing in the proposed new %uilding to the 'enant free of cost, 'he new
%uilding is proposed to %e known as ;'e/as 'owers<,

D, )t is here%y agreed %y and %etween the parties hereto that the 'enant shall continue
to pay the rent in respect of the said tenanted pre#ises till the 'enant is handed over
possession of the said new 9at,

I, )t is however e-pressly agreed %y and %etween the parties hereto that the +wner has
agreed to allot the additional area co#prised in the said new 9at free of cost on the e-press
understanding and assurance of the 'enant that he6she shall co=operate and co#ply with all
the ter#s of this agree#ent& without causing any o%struction6 hindrance of whatsoever
nature to the ti#ely co#pletion of the develop#ent of the said property as envisaged herein
and shall if reEuired sign and e-ecute all applications& letters and other necessary
docu#ents and papers as #ay %e reEuired %y the MAADA& Municipal Corporation of the
Breater Mu#%ai .MCBM0 and6or any other Authority for sanctioning of the %uilding plans&
)+D& CC and overall develop#ent of the said property,

>, 'he +wner shall construct a %uilding co#prising of ground& #eLLanine and upper
9oors as per the plans that #ay %e sanctioned %y the FMC and a#ended fro# ti#e to ti#e
and in accordance with the provisions and rules fra#ed %y MAADA, )t is here%y agreed %y
and %etween the parties hereto that the +wner shall %e entitled to a#end and revise the
%uilding plans& speci@cations& drawings and designs and the 'enant shall not %e entitled to
raise any o%/ection to the sa#e provided such a#end#ents does not pre/udice the rights of
the 'enant under this Agree#ent,

K, Si#ultaneously with the e-ecution of these presents the 'enant has re#oved
hi#self6herself& his6her fa#ily #e#%ers and all his6her %elongings fro# the said tenanted
pre#ises and delivered and handed over vacant and peaceful possession of the said
tenanted pre#ises presently in the occupation of the 'enant to the +wner,

!, )t is here%y agreed %y and %etween the parties hereto that the +wner shall not
provide any te#porary alternate acco##odation to the 'enant and the 'enant shall #ake
his6her own arrange#ents and the +wner shall not %e lia%le for the sa#e and6or the costs
and e-penses thereof,

", 'he 'enant here%y gives his6her irrevoca%le consent and authority to the +wner to
de#olish the said %uilding and the said tenanted pre#ises upon his6her handing over vacant
possession of the sa#e to the +wner and the 'enant here%y agrees and undertakes to
e-ecute such deeds& docu#ents and6or writings as #ay%e reEuired %y any
authority6authorities and give no o%/ection for the purpose whenever reEuired,

4, Ppon the 'enant delivering vacant and peaceful possession of the said tenanted
pre#ises to the +wner& the +wner shall %e entitled to de#olish the said tenanted pre#ises
and co##ence the work of construction of the proposed new %uilding thereon,

?, 'he 'enant here%y con@r#s that he6she has no o%/ection to the +wner developing
the said property as per the plans that #ay %e sanctioned %y the MCBM %y using and
consu#ing the entire availa%le F, S, ), and the 'DR in respect of the said property,

, 'he +wner shall carry out and co#plete the work of construction of the proposed
new %uilding and give possession of the said new 9at agreed to %e allotted to the 'enant on
or %efore D?
th
June& 3??> su%/ect to force #a/eure conditions, 'he +wner shall forthwith on
such co#pletion give inti#ation to the 'enant to take possession of the said new 9at to %e
allotted as per#anent alternative acco##odation to the 'enant and the 'enant shall within
> days of receipt of such inti#ation take possession of the said new 9at as per#anent
alternative acco##odation,

3, )f the 'enant fails to take possession of the per#anent alternate acco##odation
within a period of > days fro# the date of receipt of the said notice %y hi#6her& the 'enant
shall forfeit his6her rights over and upon the per#anent alternate acco##odation allotted to
hi#6her %y this Agree#ent,

D, 'he 'enant here%y agrees that if reEuired %y the +wner& upon taking possession of
the said new 9at the 'enant shall sign and e-ecute the usual agree#ent as provided under
the Maharashtra +wnership Flats .Rules R Regulation0 Act& 4KD, 'he 'enant here%y agrees
to %eco#e a #e#%er of the co=operative housing society or any other association that shall
%e for#ed of the allottees69at owners of 9ats and pre#ises in the new %uilding, 'he 'enant
shall %e lia%le to the +wner& and thereafter to the Society when for#ed& for the pay#ent of
the proportionate ta-es& #aintenance charges and outgoings in respect of the said new 9at
fro# the date of possession thereof& and a%ide %y the %ye=laws& rules and regulations
fra#ed and6or adopted %y the society6condo#iniu# for ti#e to ti#e,

I, 'he 'enant shall also pay to the +wner at the ti#e of delivery of possession of the
said new 9at to the 'enant& the following2=

fee for #e#%ership for the Co=operative Aousing Society to %e for#ed of all the Flat holders
in the proposed new %uildingJ

.%0 a su# for for#ation and registration of the co=operative housing society to %e
deter#ined %y the +wnerJ

a, a su# eEuivalent to si- #onths #aintenance charges as deposit towards his6her
share6contri%ution to the Municipal 'a-es& :ater Charges& and the Maintenance
Charges of the said property& till the Co=operative society or other Association of the
9at holders is for#ed and registeredJ

.d0 8ay every #onth fro# the date of delivery of possession of the said new 9at to
hi#6her& as his6her proportionate share in Municipal 'a-es& :ater Charges& Maintenance
Charges as #ay %e applica%le and levied in respect of the said new 9at till the for#ation of
the Co=operative Aousing Society or other Association of the 9at holdersJ

.e0 a su# towards electric and water #eter and @re cess deposits to %e deter#ined %y
the +wner,

.f0 Rs, 3>&???6= .Rupees 'wenty Five thousand only0 %eing agreed legal charges and
fees paya%le directly to M6s, Sa#ir Sanghavi R Co#pany,

>, )f the 'enant fails to pay towards his6her share6contri%ution of #unicipal ta-es& water
charges and #aintenance charges of the said new 9at& the +wner shall %e entitled to pay
the sa#e fro# the said deposit under clause I.c0 a%ove,

K, )t is further agreed and understood that the co##on terrace a%ove the top#ost 9oor
of the said new %uilding& shall always a%solutely and e-clusively %elong to the +wner and
the +wner& has full right& a%solute authority& and unfettered discretion to use the sa#e in
any lawful #anner& including for putting up and displaying hoardings6advertise#ents
thereon& or putting up any overhead water tank6s thereon to store and supply water to the
occupants of the said %uilding, 'he +wner shall not %e lia%le to pay any co#pensation&
a#ount or charges whatsoever in respect of the sa#e to the 'enant& or the
Society6Association of 9at purchasers and neither the 'enant nor the Society6Association of
9at purchasers shall at any ti#e raise any dispute or o%/ection in this regard,

!, 'he tenancy rights of the 'enant in the tenanted pre#ises shall stand auto#atically
surrendered upon the +wner oTering possession of the said new 9at to the 'enant without
reEuiring any further writing or act and that the 'enant shall not %e entitled to clai#
tenancy rights in the proposed new %uilding or any part thereof of whatsoever nature
against the +wner and the +wner and further agrees to inde#nify and keep inde#ni@ed the
+wner and the +wner against the sa#e,

", 'he 'enant here%y declares and states that no one e-cept hi#self6herself has any
right& title or interest of any nature whatsoever in the tenanted pre#ises or any part thereof
and that he6she has not created any third party right therein or parted with possession of
the sa#e or any part thereof to any third party& or created any charge or encu#%rance of
any nature whatsoever therein or any part thereof and shall inde#nify and keep inde#ni@ed
the +wner fro# and against clai#s received fro# any third party including any fa#ily
#e#%ers and6or relatives of the tenant,

4, 'he 'enant shall not without the prior per#ission of the +wner& transfer or assign
his6her tenancy right and6or create third party right of whatsoever nature in the tenanted
pre#ises and6or his6her rights in respect of the said new 9at till the ti#e the 'enant is
handed over possession of the said new 9at and further undertakes that the said new 9at
shall %e used %y hi#6her for residential purposes only,

3?, )f for any reason other tenants or any one of the# fail to enter into with the +wner&
Agree#ents si#ilar to these presents or if after entering into such Agree#ents& the 'enant
or any one of the tenants of the said property fail to deliver vacant and peaceful possession
of the tene#ents or roo#s in his6her or their occupation then and in such case it shall %e at
the option of the +wner to rescind this Agree#ent %y giving @fteen days notice in writing to
the 'enant, )n case of the +wner rescinding this Agree#ent& the 'enant shall %e entitled to
continue to occupy the tenanted pre#ises in the e-isting structures at the present rent,

3, 'he 'enant doth here%y undertakes to e-tend full co=operation and assistance
towards the develop#ent of the said property& to the +wner& who %ona@de reEuires to
de#olish the e-isting %uilding on the said property co#prising of the tenanted pre#ises and
re=construct the new %uilding6s upon it,

33, 'he 'enant here%y e-pressly declares and con@r#s that he6she has e-ecuted these
presents of his6her own free accord and will and without any coercion or undue in9uence of

3D, Sta#p duty and the registration charges on this Agree#ent shall %e %orne and paid
%y the +wner alone,


A(( 'AA' leasehold plot of land containing an area of "?D sE, yds, eEuivalent to K!, I sE,
#trs or therea%outs %eing 8lot No, 3I> of the Sion Matunga Cstate .Cast0 of the Corporation
in the City and )sland and Su%=Registration District of Mu#%ai which piece of land for#s a
portion of the New Survey No, !3 and %ears Cadastral Survey No, >I>6K of Sion Division
and %ears Municipal ;F< :ards No, >>?4 .30& Street No, 3"I?A& Sion Road .Cast0& Mu#%ai
I?? ?33 together with structure known as ;Devi 8rasad< co#prising of ground and two
upper 9oors and standing thereon and %ounded as under 2

+n or towards the North Cast 2 Fy 8lot No, 3IIJ
+n or towards the South Cast 2 Fy 8lot No, 3IKJ
+n or towards the South :est 2 Fy I?G RoadJ and
+n or towards the North :est 2 Fy I?G Road


withinna#ed +wner 0
;B1 9I:7B7; 7E7BG7C 0

;B1 07B<0DB7 7E7BG7C 0

D7:<D :=I9 222 D7F D$

FC':CCN

;B1 9I:7B7; 7E7BG7C
,,, +wner
AND

;B1 07B<0DB7 7E7BG7C
,,, 'enant

7EB<<;<0: $DB /<B;70<0:
7C:<B07:< 7D;;DD7:ID0

'A)S D<<D D$ B<:I$I7:ID0 #ade and entered into at Mu#%ai on this 555555 day of
5555555555 3??> %etween 9I:7B7; 7E7BG7C of Mu#%ai )ndian )nha%itant having
address at K=F& Aorni#an Circle& Xoroastrian Fuilding& Fort& Mu#%ai I?? ?3D hereinafter
or #eaning thereof %e dee#ed to #ean and include his heirs& e-ecutors and
ad#inistrators0 of the +ne 8art and ;B1 ;D=70C7C of Mu#%ai )ndian )nha%itant having
address at Roo# No, K& Devi 8rasad& 3I>& Sion .Cast0& Mu#%ai I?? ?33& hereinafter referred
as 6t+e :enant8 .which e-pression shall unless it %e repugnant to the conte-t or #eaning
thereof %e dee#ed to #ean and include his6her6their heirs& e-ecutors& ad#inistrators and
assigns0 of the +ther 8art2
:ACRCAS %y an Agree#ent dated 3K
th
July& 3??> duly registered with the Su%=Registrar of
Assurances& Mu#%ai vide No,FFC36!?3D63??> dated 3K
th
July& 3??> #ade and entered into
%etween the +wner herein of the +ne 8art and the 'enant herein of the +ther 8art&
.hereinafter referred to as Othe said Agree#entO0 the 'enant herein agreed to surrender his
tenancy rights and handing over vacant and peaceful possession of Roo# No, K
ad#easuring !4,443 sE, #trs, eEuivalent to "K,?DI sE, ft, carpet area on the @rst 9oor of
the said %uilding ;Devi 8rasad< standing on the property .hereinafter referred to as ;the said
tenanted pre#ises<0& and in consideration thereof the +wner agreed to provide on
;ownership %asis< and free of cost to the 'enant a self contained 9at %earing No, D
ad#easuring 4D,>! sE, #trs, eEuivalent to ??!,"! sE, ft, carpet area .including
additional area of IK,>I sE, ft,0 on the 3
nd
9oor of the proposed new %uilding ;'CJAS
'+:CR< to %e constructed after de#olishing the e-isting %uilding known as ;Devi 8rasad<
on the ter#s and conditions contained thereinJ

AND :ACRCAS although the +wners had agreed to provide on ;ownership %asis< and free of
cost to the 'enant a self contained 9at %earing No, !? ad#easuring 4D,>! sE, #trs,
eEuivalent to ??!,"! sE, ft, carpet area .including additional area of IK,>I sE, ft,0 on
the !
th
9oor of the proposed new %uilding 'CJAS '+:CR& due to inadvertence the said
Agree#ent #entions& Flat No, D on the 3
nd
9oor ad#easuring 4D,>! sE, #trs, eEuivalent to
??!,"! sE, ft, carpet area .including additional area of IK,>I sE, ft,0 instead and in
place of Flat No, !? on !
th
9oor ad#easuring 4D,>! sE, #trs, eEuivalent to ??!,"! sE, ft,
carpet area .including additional area of IK,>I sE, ft,0,

AND :ACRCAS the parties hereto are desirous of rectifying the errors appearing in the said
Agree#ent %y incorporating the correct Flat No, %eing Flat No,!? on the !th 9oor
ad#easuring ad#easuring 4D,>! sE, #trs, eEuivalent to ??!,"! sE, ft, carpet area
.including additional area of IK,>I sE, ft,0 instead and in place of Flat No,D on the 3
nd
9oor
ad#easuring 4D,>! sE, #trs, eEuivalent to ??!,"! sE, ft, carpet area .including
additional area of IK,>I sE, ft,0 in the new %uilding 'CJAS '+:CR as appearing hereinafter
%y e-ecuting and registering these presents,

0DG :=I9 D<<D D$ B<:I$I7:ID0 GI:0<99<:= 70D I: I9 =<B<!F 7EB<<D !F
70D !<:G<<0 :=< /7B:I<9 =<B<:D 79 A0D duly registered at the oNce
of the Su%=Registrar of Assurances at Mu#%ai under Serial No, FFC36!?3D63??> dated
3K
th
July& 3??> .Othe said Agree#entO0 the owner had agreed to provide on ;ownership %asis<
and free of cost to the 'enant a self contained 9at %earing No, D ad#easuring 4D,>! sE,
#trs, eEuivalent to ??!,"! sE, ft, carpet area .including additional area of IK,>I sE, ft,0
on the 3
nd
9oor of the proposed new %uilding 'CJAS '+:CR and on the ter#s and conditions
contained therein,

3, 'hat it was always the intention and agree#ent %etween the +wner and the tenant
that the +wner shall provide on ;ownership %asis< and free of cost to the 'enant a self
contained 9at %earing No, !? ad#easuring 4D,>! sE, #trs, eEuivalent to ??!,"! sE, ft,
carpet area .including additional area of IK,>I sE, ft,0 on the !
th
%uilding 'CJAS '+:CR, Aowever& due to clerical error& inadvertance and oversight the said
Agree#ent refers to the Flat No, D on the 3
nd
9oor ad#easuring 4D,>! sE, #trs, eEuivalent
to ??!,"! sE, ft, carpet area .including additional area of IK,>I sE, ft,0 instead and
place of Flat No, !? on !
th
9oor ad#easuring 4D,>! sE, #trs, eEuivalent to ??!,"! sE,
ft, carpet area .including additional area of IK,>I sE, ft,0,

D, 'hat wherever Flat No, D on the 3
nd
9oor ad#easuring 4D,>! sE, #trs, eEuivalent to
??!,"! sE, ft, carpet area .including additional area of IK,>I sE, ft,0 appears in the said
Agree#ent& the sa#e shall %e deleted and %e su%stituted corrected and read as Flat No, !?
on the !
th
9oor ad#easuring ad#easuring 4D,>! sE, #trs, eEuivalent to ??!,"! sE, ft,
carpet area .including additional area of IK,>I sE, ft,0 and such recti@cation of details of
the 9at agreed to %e allotted under the said Agree#ent shall %e with retrospective eTect
fro# the date of e-ecution of the said Agree#ent,

I, 'hat the Clauses 3 on the 8age I of the said Agree#ent shall stand corrected and %e
read as under 2

C7A9< 21

handing over vacant and peaceful possession of Roo# No, K ad#easuring !4,443 sE, #trs,
eEuivalent to "K,?DI sE, ft, carpet area on the @rst 9oor of the said %uilding ;Devi 8rasad<
standing on the property .hereinafter referred to as ;the said tenanted pre#ises<0& the
+wner agrees to provide on ;ownership %asis< and free of cost to the 'enant a self contained
9at %earing No, !? ad#easuring 4D,>! sE, #trs, eEuivalent to ??!,"! sE, ft, carpet area
.including additional area of IK,>I sE, ft,0 on the !th 9oor of the proposed new %uilding
'e/as 'ower to %e constructed after de#olishing the e-isting %uilding known as ;Devi 8rasad<
and as shown on proposed plan of the 9at de#arcated in green colour wash and anne-ed
hereto and #arked as 7nnexure 6!8 .hereinafter referred to as ;the said new 9at<0, 'he
a#enities to %e provided to the 'enant in the said 9at shall %e si#ilar to the a#enities that
shall also %e provided %y the +wner to other 9at purchasers in the new %uilding a list of
which a#enities is provided in 7nnexure 68 attached hereto, 'he +wner shall allot one
open6stilt car=parking space in the proposed new %uilding to the 'enant free of cost, 'he new
%uilding is proposed to %e known as ;'e/as 'owers<,

>, 'hat Anne-ure SFG on page D! to the said Agree#ent %eing typical 9oor plan of the
said 9at shall stand su%stituted and replaced with the 9oor plan of Flat No,!? on the !th
9oor ad#easuring 4D,>! sE, #trs, eEuivalent to ??!,"! sE, ft, carpet area .including
additional area of IK,>I sE, ft,0 instead and in place of the typical 9oor plan of Flat No, D
on the 3
nd
9oor with retrospective eTect fro# the date of e-ecution of the said Agree#ent
and which Anne-ure SFS duly corrected and initialled %y %oth parties is anne-ed hereto and
shall %e treated as an integral part and parcel of the said Agree#ent,

K, 'hat the said Agree#ent dated 3K
'A
July& 3??> duly registered with the Su%=Registrar
of Assurances at Mu#%ai on 3K
th
July&3??> at Serial No, FFC36!?3D63??> shall always %e
dee#ed to %e recti@ed and read as if the recti@cations as hereina%ove written were and shall
always %e dee#ed to have %een incorporated in the said Agree#ent fro# the date of its
e-ecution,

!, 'hat the tenant declare and con@r# that he will not and shall not have any right& title
and interest& clai# and de#and of whatsoever nature in the said 9at No,D on the 3
nd
9oor of
the said new %uilding under the said Agree#ent,

", 'hat save as varied and #odi@ed and recti@ed as aforesaid& all the ter#s& conditions&
covenants& stipulations& rights& and lia%ilities under the said Agree#ent e-ecuted %y the
+wner in favour of the 'enant shall re#ain in full force and eTect and shall continue to %e
%inding on the parties hereto,

4, Su%/ect to what is stated hereina%ove the 8arties hereto con@r# the said Agree#ent
dated 3K
th
July& 3??> and declare that this Deed of Recti@cation shall always %e read
alongwith the said Agree#ent as supple#ental thereto and shall run concurrently with the
sa#e,

hands on the day and the year @rst hereina%ove written,

S)BNCD SCA(CD AND DC()VCRCD %y 0
withinna#ed +wner 0
9I:7B7; 7E7BG7C 0

;B1 ;D=70C7C 0
D7:<D :=I9 D7F D$ 2005

9I:7B7; 7E7BG7C
U+wner

'+

;B1 ;D=70C7C
U'enant

DCCD +F RCC')F)CA')+N

'A)S D<<D D$ B<:I$I7:ID0 #ade and entered into at Mu#%ai on this 555555 day of
5555555555 3??K %etween 9I:7B7; 7E7BG7C of Mu#%ai )ndian )nha%itant having
address at K=F& Aorni#an Circle& Xoroastrian Fuilding& Fort& Mu#%ai I?? ?3D hereinafter
or #eaning thereof %e dee#ed to #ean and include his heirs& e-ecutors and
ad#inistrators0 of the +ne 8art and ;B1 /uranmal /ac+eria of Mu#%ai )ndian )nha%itant
having address at Roo# No, I& Devi 8rasad& 3I>& Sion .Cast0& Mu#%ai I?? ?33& hereinafter
referred as 6t+e :enant8 .which e-pression shall unless it %e repugnant to the conte-t or
#eaning thereof %e dee#ed to #ean and include his6her6their heirs& e-ecutors&
ad#inistrators and assigns0 of the +ther 8art22

:ACRCAS %y an Agree#ent dated 3K
th
July& 3??> duly registered with the Su%=Registrar of
Assurances& Mu#%ai vide No,FFC36!?3I63??> dated 3K
th
July& 3??> #ade and entered into
%etween the +wner herein of the +ne 8art and the 'enant herein of the +ther 8art&
.hereinafter referred to as Othe said Agree#entO0 the 'enant herein agreed to surrender his
tenancy rights and handing over vacant and peaceful possession of Roo# No, K
ad#easuring D4,I3 sE, #trs, eEuivalent to I3I,3D sE, ft, carpet area on the ground 9oor of
the said %uilding ;Devi 8rasad< standing on the property .hereinafter referred to as ;the said
tenanted pre#ises<0& and in consideration thereof the +wner agreed to provide on
;ownership %asis< and free of cost to the 'enant a self contained 9at %earing No, D .now
renu#%ered as K?30 ad#easuring K4,4K sE, #trs, eEuivalent to !>D,?4 sE, ft, carpet area on
the Kth 9oor of the proposed new %uilding ;'CJAS '+:CR< to %e constructed after
de#olishing the e-isting %uilding known as ;Devi 8rasad< on the ter#s and conditions
contained thereinJ

AND :ACRCAS although the +wners had agreed to provide on ;ownership %asis< and free of
cost to the 'enant a self contained 9at %earing No, 4?3 ad#easuring KI? sE, ft, carpet area
on the 4
th
9oor of the proposed new %uilding 'CJAS '+:CR& due to inadvertence the said
Agree#ent #entions& Flat No, D.now renu#%ered as 9at no, K?30 on the K
th
9oor
ad#easuring K4,4K sE, #trs, eEuivalent to !>D,?4 sE, ft, carpet area instead and in place of
Flat No, 4?3 on 4
th
9oor ad#easuring KI? sE, ft, carpet area,

AND :ACRCAS the parties hereto are desirous of rectifying the errors appearing in the said
Agree#ent %y incorporating the correct Flat No, %eing Flat No,4?3 on the 4th 9oor
ad#easuring ad#easuring KI? sE, ft, carpet area instead and in place of Flat No,D .now
renu#%ered as K?30 on the K
th
9oor ad#easuring K4,4K sE, #trs, eEuivalent to !>D,?4 sE, ft,
carpet area in the new %uilding 'CJAS '+:CR as appearing hereinafter %y e-ecuting and
registering these presents,

0DG :=I9 D<<D D$ B<:I$I7:ID0 GI:0<99<:= 70D I: I9 =<B<!F 7EB<<D !F
70D !<:G<<0 :=< /7B:I<9 =<B<:D 79 A0D duly registered at the oNce
of the Su%=Registrar of Assurances at Mu#%ai under Serial No, FFC36!?3I63??> dated
3K
th
July& 3??> .Othe said Agree#entO0 the owner had agreed to provide on ;ownership %asis<
and free of cost to the 'enant a self contained 9at %earing No,D .now renu#%ered as K?30
on the K
th
9oor ad#easuring K4,4K sE, #trs, eEuivalent to !>D,?4 sE, ft, carpet area on the
Kth 9oor of the proposed new %uilding 'CJAS '+:CR and on the ter#s and conditions
contained therein,

3, 'hat it was always the intention and agree#ent %etween the +wner and the tenant
that the +wner shall provide on ;ownership %asis< and free of cost to the 'enant a self
contained 9at %earing No, 4?3 ad#easuring KI? sE, ft, carpet area on the 4
th
9oor of the
proposed new %uilding 'CJAS '+:CR, Aowever& due to clerical error& inadvertance and
oversight the said Agree#ent refers to the Flat No, D .now renu#%ered as K?30 on the
K
th
9oor ad#easuring K4,4K sE, #trs, eEuivalent to !>D,?4 sE, ft, carpet area instead and
place of Flat No, 4?3 on 4
th
9oor ad#easuring KI? sE, ft, carpet area,

D, 'hat wherever Flat No, D.now renu#%ered as K?30 on the K
th
9oor ad#easuring
K4,4K sE, #trs, eEuivalent to !>D,?4 sE, ft, carpet area appears in the said Agree#ent& the
sa#e shall %e deleted and %e su%stituted corrected and read as Flat No, 4?3 on the 4
th
9oor
ad#easuring ad#easuring KI? sE, ft, carpet area and such recti@cation of details of the 9at
agreed to %e allotted under the said Agree#ent shall %e with retrospective eTect fro# the
date of e-ecution of the said Agree#ent,

I, 'hat the Clauses 3 on the 8age I of the said Agree#ent shall stand corrected and %e
read as under 2

C7A9< 21

handing over vacant and peaceful possession of Roo# No, I ad#easuring D4,I3 sE, #trs,
eEuivalent to I3I,3D sE, ft, carpet area on the ground 9oor of the said %uilding ;Devi
8rasad< standing on the property .hereinafter referred to as ;the said tenanted pre#ises<0&
the +wner agrees to provide on ;ownership %asis< and free of cost to the 'enant a self
contained 9at %earing No, 4?3 ad#easuring KI? sE, ft, carpet area on the 4th 9oor of the
proposed new %uilding 'e/as 'ower to %e constructed after de#olishing the e-isting %uilding
known as ;Devi 8rasad< and as shown on proposed plan of the 9at de#arcated in green
colour wash and anne-ed hereto and #arked as 7nnexure 6!8.hereinafter referred to as
;the said new 9at<0, 'he a#enities to %e provided to the 'enant in the said 9at shall %e
si#ilar to the a#enities that shall also %e provided %y the +wner to other 9at purchasers in
the new %uilding a list of which a#enities is provided in7nnexure 68 attached hereto, 'he
new %uilding is proposed to %e known as ;'e/as 'owers<,

>, 'hat Anne-ure SFG on page D! to the said Agree#ent %eing typical 9oor plan of the
said 9at shall stand su%stituted and replaced with the 9oor plan of Flat No,4?3 on the 4th
9oor ad#easuring KI? sE, ft, carpet area instead and in place of the typical 9oor plan of Flat
No, D .now renu#%ered as K?30 on the K
th
9oor with retrospective eTect fro# the date of
e-ecution of the said Agree#ent and which Anne-ure SFS duly corrected and initialled %y
%oth parties is anne-ed hereto and shall %e treated as an integral part and parcel of the said
Agree#ent,

K, 'hat the said Agree#ent dated 3K
'A
July& 3??> duly registered with the Su%=Registrar
of Assurances at Mu#%ai on 3K
th
July&3??> at Serial No, FFC36!?3I63??> shall always %e
dee#ed to %e recti@ed and read as if the recti@cations as hereina%ove written were and shall
always %e dee#ed to have %een incorporated in the said Agree#ent fro# the date of its
e-ecution,

!, 'hat the tenant declare and con@r# that he will not and shall not have any right& title
and interest& clai# and de#and of whatsoever nature in the said 9at No,D.now renu#%ered
as K?30 on the K
th
9oor of the said new %uilding under the said Agree#ent,

", 'hat save as varied and #odi@ed and recti@ed as aforesaid& all the ter#s& conditions&
covenants& stipulations& rights& and lia%ilities under the said Agree#ent e-ecuted %y the
+wner in favour of the 'enant shall re#ain in full force and eTect and shall continue to %e
%inding on the parties hereto,

4, Su%/ect to what is stated hereina%ove the 8arties hereto con@r# the said Agree#ent
dated 3K
th
July& 3??> and declare that this Deed of Recti@cation shall always %e read
alongwith the said Agree#ent as supple#ental thereto and shall run concurrently with the
sa#e,

hands on the day and the year @rst hereina%ove written,

withinna#ed +wner 0
9I:7B7; 7E7BG7C 0

/uranmal /ac+eria 0
D7:<D :=I9 D7F D$ 2006

9I:7B7; 7E7BG7C
U+wner

'+

/uranmal /ac+eria U'enant

DCCD +F RCC')F)CA')+N

7EB<<;<0: $DB /BD#IDI0E /<B;70<0: 7C:<B07:I#<
7D;;DD7:ID0 :D :=< :<070:

'A)S 7EB<<;<0: $DB /BD#IDI0E /<B;70<0: 7C:<B07:I#<
7D;;DD7:ID0 #ade at Mu#%ai this 5555 day of April& in the Christian 7ear 'wo
'housand 'hirteen .3?D0J

!<:G<<0

;Js1 0<<# B<7C:DB9& a partnership @r#> duly registered under the )ndian 8artnership
Act& 4D3 and having its address at ?& Sunder Apart#ent& Nes%it Road& MaLgaon&
Mu#%ai= I?? ??& hereinafter referred to as the ;Developers6 +wners< .which e-pression
shall unless it %e repugnant to the conte-t or #eaning thereof #ean and include the
partners for the ti#e %eing constituting the said @r#& the survivors6survivor of the#&
their6his heirs& e-ecutors& ad#inistrators and assigns0 of the +ne 8artJ

70D

9=BI1 B7#I0DB7 ED#I0DJI ?=D07 adult& of Mu#%ai& )ndian )nha%itant& residing at >&
;Birivihar<& M,A, Su%ra#anian Road& Matunga& Mu#%ai = I?? ?4& hereinafter referred to as
the ;'enant< .which e-pression shall unless it %e repugnant to the conte-t or #eaning
thereof #ean and include his heirs& e-ecutors ad#inistrators and assigns0 of the +ther 8art2

G = < B < 7 9H

A, 'he Developers6+wners are seiLed and possessed of or otherwise well and suNciently
entitled to as owners of all that plot of land together with structures6 %uilding standing
thereon and known as ;Birivihar< .hereinafter referred to as ;the
said C-istingFuilding<0 %earing 8lot No, > of Dadar Matunga .North0 Cstate& situate at M,A,
Su%ra#ania# Road& Matunga Mu#%ai I?? ?4 in the registration Su%= District and District of
Mu#%ai City .hereinafter referred to as Hthe said land<0 and #ore particularly descri%ed in
the$IB9: 9=<DAC< hereunder written .hereinafter the said land with the structures6
%uilding together with the said C-isting %uilding thereon is hereinafter collectively referred
to as ;t+e said /ro*erty <0J

F, 'he said C-isting Fuilding ;Birivihar< e-isting standing on the said 8roperty is
occupied %y various tenants6occupants, 'he 'enant herein is the #onthly tenant of the
Developers6 +wners in respect of the 8re#ises Flat No,!& ad#easuring K? sE, ft, carpet
area on the 3
nd
9oor of the said ;Birivihar< %uilding .hereinafter referred to as ;t+e
<xisting $lat <0 together with 6D
rd
undivided right& title an
interest in the terrace on I
th
Floor of the said Fuilding .hereinafter referred to as
;t+e <xisting : errace<0 as per Deed of Assign#ent dated 3" ,?4,3? and is paying the
#onthly rent of Rs,555556= .Rupees 55555555555 only0 .the said pre#ises is hereinafter the
C-isting Flat together with the C-isting 'errace is referred to as ;t+e said
existing tenanted /remises<0, 'he tenancyin respect of the said e-isting tenanted
8re#ises is valid and su%sisting, 'he copies of the Rent Receipts of the 'enant are anne-ed
hereto and #arked as %NN4:764 $%'J

C, 'he said %uilding is cessed %uilding constructed prior to 555555, 'he
Developers6+wners have decided to redevelop the said property 8roperty under
the provisions of D,C, Regulations DD.!0 of Develop#ent Control Regulation for Breater
Mu#%ai& 44.hereinafter referred to as ; 7**licable
D11 Begulations<0 %y de#olishing the said C-isting Fuilding and constructing a new
%uilding thereon co#prising of Bround& Stilt& 8odiu# and 55555 upper Floors .hereinafter
referred to as ;0e. !uilding<0 and construct new %uilding6s thereon in accordance with the
plans and speci@cations to %e sanctioned %y the Municipal Corporation of Breater Mu#%ai
46;E;85J

D, )n pursuance of negotiations %etween the parties hereto& the Developers6+wners
have agreed to allot to the 'enant as 8er#anent Alternate Acco##odation a residential Flat
No, I ad#easuring D!? sE, ft, carpet area on the I
th
9oor as shown surrounded%y red
colour %oundary line on the Floor 8lan anne-ed hereto and #arked
as %NN4:764 $B' .hereinafter referred ;t+e said ne. ,at<0 together with 3 .two0 car
parking spaces in Stilt68odiu# as shown surrounded %y %lue colour %oundary line on the car
parking 8lan hereto anne-ed and #arked as %NN4:764 $3' .hereinafter referred to ;the
said car parking spaces<0 of the New Fuilding to %e constructed %y the Developers6+wners
on the said 8roperty together with the te#ple ad#easuring a%out 3?? sE, ft .carpet area0 to
%e constructed on the portion of the 'errace of the New Fuilding as shown surrounded %y
green colour %oundary line on the terrace 8lan hereto anne-ed and #arked as %NN4:764
$D' alongwith the land appurtenant to the te#ple for the e-clusive use of the 'enantas
shown surrounded %y %rown colour %oundary line on the 'errace 8lan hereto anne-ed and
#arked as %NN4:764 $D' free of cost on ownership %asis as and %y way of per#anent
alternative acco##odation in the proposed New Fuilding to %e constructed on the said
8roperty %y the Developers6+wners in lieu of the 'enant agreeing to surrendering his
tenancy rights in the said e-isting tenanted 8re#ises and the 'enant has agreed to accept
the said new 9at on certain such ter#s and conditions as #utually agreed %y and %etween
the parties hereto and incorporated hereinJ

C, 'he Developers6+wners here%y covenant and undertake with the 'enant& that the
Developers6+wners shall infor# and incorporate a Clause in Agree#ent for Sale to %e
e-ecuted %y and %etween the Developers6+wners and the 8rospective 8urchaser6s of Flats of
the New Fuilding under the provisions of Maharashtra +wnership Flats .Regulation of the
pro#otion of construction& sale& #anage#ent and transfer0 Act& 4KD .;M+FA<0 & that the
'e#ple ad#easuring a%out 3?? sE, ft, alongwith the land appurtenant to the 'e#ple to %e
constructed on the 'errace of the New Fuilding shall %e a%solutely owned and possessed %y
the 'enant and his fa#ily #e#%ers and only the 'enant& his fa#ily #e#%ers& devotees and
guests shall have the e-clusive right to use and have access to the 'e#ple and the land
appurtenant to the 'e#ple on the 'errace, 'he 'e#ple and the land appurtenant to the
'e#ple is shown surrounded %y green and %rown colour respectively on the 'errace 8lan
anne-ed hereto and #arked as %NN4:764 $D' ,

:=< /7B:I<9 79 A0D<BH "

, )t is agreed ' that all the recitals contained hereina%ove shall for# an integral and
operative part of this Agree#ent as if the sa#e are reproduced herein ver%ati#, )t is further
agreed that this Agree#ent and shall supersede all previous oTers& letters& agree#ents&
arrange#ents and understandings %etween the parties hereto in this %ehalf ,

3, 'he Developers6 +wners have agreed to develop the said 8roperty viL, plot of land
together with structures6 %uilding standing thereon and known as ;Birivihar< .hereinafter
referred to as ;the said C-isting Fuilding<0 %earing 8lot No, > of Dadar Matunga .North0
Cstate& situate at M,A, Su%ra#ania# Road& Matunga Mu#%ai I?? ?4 in the registration Su%=
District and District of Mu#%ai City .hereinafter referred to as Hthe said land<0 and #ore
particularly descri%ed in the $IB9: 9=<DAC< hereunder written .hereinafter the said land
together with the said C-isting %uilding is hereinafter collectively referred to as ;t+e said
/ro*erty<0& %y de#olishing the said C-isting Fuilding6s and %y constructing thereon new
#ulti=storied %uilding6s co#prising of ground& stilt& podiu#&and 5555 uppers 9oors in
accordance with Develop#ent Control Regulations 44 as a#ended fro# ti#e to ti#e and
as per plans that #ay %e approved and sanctioned fro# ti#e to ti#e %y the Municipal
Corporation of Breater Mu#%ai, 'he Developers 6 +wnershere%y further agree to o%serve&
perfor# and co#ply with the ter#s& conditions and stipulations if any which #ay %e
i#posed %y the local authorities and shall carry out the develop#ent work strictly in
accordance with the law,

D, )n consideration of the 'enant having agreed to co=operate in the redevelop#ent of
the said 8roperty and for that purpose surrender his tenancy rights and handover vacant and
peaceful possession of Flat No,!& ad#easuring K? sE, ft, carpet area on the 3
nd
9oor of the
said %uilding .hereinafter referred to as ;the C-isting Flat<0 together with 6D
rd
undivided
right& title an interest in the terrace on the I
th

Floor of the said C-isting Fuilding .hereinafter
referred to as ;the C-isting 'errace<0 standing on the said 8roperty .hereinafter the C-isting
Flat together with the C-isting 'errace is referred to as ; t+e said existing tenanted
/remises<0& to the Developers6 +wners& the 'he 'enant agrees to accept fro# the
Developers6+wners and the Developers6+wners agree to allot and grant on ;ownership
%asis< and free of cost to the 'enant a Residential pre#ises %earing to the 'enant as
8er#anent Alternate Acco##odation the residential pre#ises %eing Flat No, I having
Carpet area of ad#easuring D!? sE, ft, .Carpet area0 .wall to wall0 ] 555W additional area
on account of .inclusive of Fungi%le F,S,),0 on the I
th
9oor of the said new %uilding as
shown surrounded %y red colour %oundary lines on the 9oor plan thereof hereto anne-ed as
#arked as %NN4:764 $ B ' & .hereinafter referred to as ;the said new 9at<0 and together
with 3 .two0 @-ed parking spaces free of cost and on +wnership %asis .hereinafter referred to
as ;the said car parking space<0 in the stilt6podiu# of the said New Fuilding to %e
constructed on the said 8roperty as shown surrounded %y %lue colour %oundary lines on
the car parking plan hereto anne-ed as #arked as %NN4:764 $ 3 ' with the a#enities as
agreed herein together with the te#ple ad#easuring a%out 3?? sE, ft .carpet area0 to %e
constructed on the portion of the 'errace of the New Fuilding and as
shown surrounded %y green colour %oundary line on the 'errace 8lan hereto anne-ed and
#arked as %NN4:764 $ D ' .hereinafter referred to as ;the said 'e#ple<0 alongwith the
land appurtenant and around to the te#ple ad#easuring 55555 for the e-clusive use of the
'enant as shown surrounded %y %rown colour %oundary line on the 'errace 8lan hereto
anne-ed and #arked as %NN4:764 $ D ' .hereinafter referred to as ; t+e *art
:errace <0 , in lieu of the said e-isting pre#ises, )t is agreed that the said new 9at shall %e
the only 9at on the I
th
9oor of the said new %uilding constructed on the said
8roperty .hereinafter collectively & ; the said new 9at <& ;the said car parking
space < and ; the said 'e#ple < and ;the part 'errace< %e collectively referred to as ;t+e
said ne. /remises <0 as #ore particularly descri%ed in the 9<D0D
9=<DAC< hereunder written,

I, 'he Developers6+wners shall with the prior written consent of the 'enant %e entitled
to a#end and revise the plans as #ay %e reEuired %y the# or %y M,C,B,M provided such
a#end#ents do not in any #anner .i0 reduce carpet area or location& speci@cation and
a#enities in the said new 9at& .ii0 reduce carpet area or location& speci@cation of the said
'e#ple and land appurtenant to the 'e#ple on the 'errace .iii0 aTect said car parking spaces
to %e allotted to the 'enant or in any #anner pre/udice the rights of the 'enant under this
Agree#ent ,%ut without aTecting the area and location of the said new 9at to %e allotted to
the 'enant as herein #entioned and without the consent of the 'enant in writing,

>, )n order to facilitate the re=develop#ent of the said 8roperty & the 'enant shall hand
over vacant possession of his said e-isting tenanted 8re#ises to the Developers6+wners
within I> days fro# the date of written inti#ation fro# the Developers6 +wners of sanction
of Fuilding plans for D FS) in respect of the proposed New Fuilding to %e constructed on the
said 8roperty of and receipt of ),+,D, in respect therefor and #aking pay#ent as set out in
Clause ; ! < hereof, fro# the Developers6 +wners for redevelop#ent of the said property
and after e-ecution and registration of this Agree#ent and after all the tenants of the
e-isting %uilding vacate their respective pre#ises and hand over possession of the sa#e to
the Developers6+wners or have agreed to do so in writing ,

K, )n consideration of the 'enant consenting to the redevelop#ent rights in respect of
the said 8roperty and personal hardship which the 'enant #ay have to suTer&
the Developers6 +wners shall 'he Developers6+wners shall& %efore the 'enant vacates his
said e-isting tenanted 8re#ises and hands over possession of the sa#e to the
Developers6+wners as herein #entioned& the Developer6+wners shall pay to the 'enant
Corpus Fund of Rs,&??&???6= .Rupees Cleven (akhs only0 .hereinafter referred to as ;the
Corpus<0, to ena%le the 'enant to #eet the lia%ilities of additional ta-es and outgoing in
respect of the said new 9at ,

!, 'he 'enant shall #ake his own arrange#ent of te#porary
alternate transit acco##odation and for the said purpose& the Developers6+wners shall pay
to the 'enant Relocation displaced Co#pensation 1 Rs,">6= per sE, ft, .hereinafter referred
to as ;the said displaced co#pensation <0 of the said tenanted e-isting
pre#ises i,e, "?!,I? sE, ft, .carpet area0 per #onth for the @rst period of
3 .eleven twelve 0 #onths fro# the date of the 'enant handing over vacant possession of
the said e-isting pre#ises with increase of > ? W each year of
the aforesaid said Relocation displaced Co#pensation for the 3
nd
and D
rd
year the ne-t period
of .eleven 0 #onths and with increase of 3? 5 ? W of the said Relocation Co#pensation
for the ne-t period of #onths and if the co#pletion of the said n N ew % F uilding
is e-tended %eyond the period of DK #onths not co#pleted with then the rent will increase
1 3?W per year ,within the period of D? #onths fro# the date of the 'enant handing over
vacant possession of the said e-isting pre#ises and the 'enant is not put in possession of
the said new 9at within the said period of D? .thirty0 #onths & the Developers6+wners shall
pay to the 'enant Relocation Co#pensation with increase of >?W of the
said Relocation Co#pensation viL, at Rs, 3!,>? per sE, ft, of the said e-isting pre#ises per
#onth till the actual possession of the said new 9at as agreed herein is given %y the
Developers6+wners to the 'enant, 'he Developers6+wners shall issue to the 'enant D? K?
.si-ty0 post dated cheEues for the said Relocation displaced Co#pensation at the aforesaid
rates as #entioned hereina%ove %efore the 'enant vacates his said
e-isting tenanted pre#ises and hands over vacant possession of the sa#e to the
Developers6+wners for the 8 p urpose of redevelop#ent of the said 8roperty and if the New
Fuilding is not co#pleted and full with +ccupation Certi@cate in respect of the New Fuilding
is not o%tained and the 'enant is not put in possession of the said new 9at in the new
%uilding within the said period of D? .thirty0 #onths .i,e, 3I #onths plus K .si-0 #onths
grace period0 fro# the date of the 'enant vacating his said e-isting tenanted pre#ises&
the 'enant shall %e entitled to realiLe the cheEues of the displaced
co#pensation Developers6+wners shall %efore the e-piry of the said period of pay to the
'enant further Relocation Co#pensation at the aforesaid rate of Rs, 3!,>? per sE, ft of the
said e-isting pre#ises per #onth for the period %y which the new %uilding is likely to %e
co#pleted with +ccupation Certi@cate and the 'enant is likely to %e put in possession of the
said new 9at, )f the 'enant is put in possession of the said new 9at with +ccupation
Certi@cate within the said period of D? .thirty0 #onths .i,e, 3I #onths plus K .si-0 #onths
grace period0 & then the 'enant shall return to the Developers6+wners the a#ount
of Relocation displaced Co#pensation for the re#aining period , of ,

", 'he Developers shall also pay to the 'enant %rokerage eEuivalent to two #onthsG of
the Relocation displaced Co#pensation viL,& Rs,5555555556= .Rupees 555555555555555+nly0 for
two periods of .Cleven0 #onths for securing te#porary alternate acco##odation and
Shifting charges to and fro# at Rs, 55555555556= .Rupees 5555555555555555555 0 , 'he
Developers6+wners shall also pay sta#p duty& registration fees and legal charges for (eave
and (icense Agree#ents to %e e-ecuted for te#porary alternative acco##odation,

4, )t is agreed that the said 'e#ple alongwith the 'errace around the 'e#ple
ad#easuring 55555555 sE, ft, shall %e allotted %y the 'he Developers6+wners agree to allot to
the 'enant and his two %rothers .0 Shri Ra/endra Bovind/i Mhona and .30 Shri Devendra
Bovind/i Mhona /ointly and free of cost and on +wnership %asis the te#ple6 pre#ises of 3??
sE, ft, carpet area on the top 9oor 6terrace .not %eing co##on area0 of the said new
%uilding for the purpose of te#ple and #editation for the#selves and their
devotees and guests, free of cost and on +wnership %asis , 'he Developers6+wners will
provide water connection and drainage line to the said 'e#ple pre#ises, )t is here%y agreed
%etween the parties that the said 'e#ple alongwith the 'errace around the 'e#ple
ad#easuring 55555555 sE, ft, shall %e in e-clusively owned and possess ed %y the 'enant and
his Frothers and their respective
fa#ilies and no other Flat purchasers of the New Fuilding shall have access to the
sa#e without prior per#ission of the 'enant ,'he Developer6+wners agree to infor# to the
8rospective Flat 8urchaser6s of the New Fuilding a%out the right the e-clusive right of the
'enant over the said 'e#ple alongwith the 'errace around the 'e#ple ad#easuring 55555555
sE, ft, and shall incorporate the sa#e in the Agree#ent for Sale .;M+FA<0 that #ay %e
entered into %y and %etween the Developers6+wners and 8rospective 9at purchasers of the
9ats of the New Fuilding,

?, 'he Developers6+wners here%y agree to o%serve& perfor# and co#ply with all the
ter#s& conditions and restrictions if any& which #ay have %een i#posed %y the concerned
sanctioning authorities at the ti#e of sanctioning the Develop#ent plans or thereafter and
shall o%tain fro# the concerned authorities& at their costs ),+,D,& Co##ence#ent&
+ccupation and Co#pletion Certi@cates in respect of the said new %uilding to %e constructed
%y the# on the said 8roperty,

, 'he 'enant shall %eco#e a #e#%er of the Co=operative Aousing Society& which #ay
%e for#ed %y the other 'enants and purchasers of the 9ats in the proposed new
%uilding6%uildings on the said 8roperty and shall pay necessary #e#%ership fees and share
#oney, Zp[ 'he Developers6+wners shall take steps in for#ation and registration of such
Co=operative Aousing Society and shall %ear all the costs and e-penses for for#ing and
registering such Society,

3, )t is further agreed that the Developers6+wners shall e-ecute Deed of Conveyance in
respect of the said redeveloped property viL, the said land and new %uilding6s and structures
constructed thereon in favour of the said Co=operative Aousing society of the tenants6 9at
purchasers of the new %uilding6%uildings within such ti#e as agreed or within four #onths
fro# the date of the registration of the said Co=operative Aousing Society of the tenants69at
purchasers, All costs pertaining to the said Conveyance including sta#p duty and
registration fee will %e %orne %y the Developers6+wners,

D , 'he @-tures& @ttings and a#enities to %e provided %y the Developers6+wners in the
said new Flat will %e as set out in the list anne-ed hereto and #arked as %NN4:764 $ 4' ,

I , 'he Developers6 +wners shall give possession of the said new 9at to the 'enant
within a period of 3I #onths fro# the date of the 'enant handing over the possession of the
e-isting pre#ises Co##ence#ent Certi@cate , 'he Developers6+wners shall %e entitled to K
.si- 0 #onthsG e-tension of the said ti#e for giving possession of the said
new 9at 8re#ises along with copy of Full +ccupation Certi@cate in respect of the New
Fuilding & if the co#pletion of the said new %uilding in which the said new 9at 8re#ises is
situate is delayed on account of reasons %eyond the control of the Developers6+wners such
as2=

.i0 :ar& civil co##otion or act of Bod,

.ii0 Any notice& order& rule& noti@cation of the Bovern#ent and6other pu%lic or
c L o#petent authority& preventing construction activities,

.iii0 Any court order restraining the develop#ent of the said property,

> , 'he Developers6+wners shall su%/ect to aforesaid force #a/eure conditions&
co#plete construction of the New Fuilding and o%tain Full +ccupation Certi@cate& Clectricity
connection and :ater connection in respect of the New Fuilding within a period of D? .thirty0
#onths .i,e, 3I #oths plus K #onths grace period0 .ti#e %eing essence0 constructed on the
said 8roperty, A photocopy of the said Full occupation Certi@cate will %e furnished %y the
Developers6 +wners to the 'enant upon o%taining the sa#e,

K , 'he 'enant shall take possession of the said new 9at 8re#ises along with Full
+ccupation Certi@cate within D? days fro# the Developers6 +wners giving written notice to
hi# inti#ating that the said new 9at Flat is ready for use and occupation along with Fi-ture&
Fitting and a#enities agreed under this Agree#ent, with +ccupation Certi@cate ,

K ! , )f within twelve #onths fro# the date of handing over the possession of the said
new 9at %y the Developers6+wners to the 'enant with full +ccupation Certi@cate& the 'enant
%rings to the notice of the Developers6+wners any defect in the R,C,C, :ork of the said new
9at and6or in the %uilding in which the said new 9at is located or if within @ve years fro# the
date of handing over possession of the said new 9at %y the Developers6+wners to the 'enant
with +ccupation Certi@cate& the 'enant %rings to the notice of the Developers6+wners any
defect in water proo@ng of the said new 9at and if conseEuently there is leakage in the said
new 9at& the Developers6+wners will rectify such defects at their own costs, 8R+V)DCD 'AA'
the aforesaid provision shall %e applica%le if the 'enant has not caused such defects %y his
acts to the said new 9at or to the new %uilding containing the sa#e after o%taining the
possession of the sa#e fro# the Developers6+wners,

! " , 'he Developers6+wners shall develop the said property at their costs %y
de#olishing the e-isting %uilding and structures and %y constructing new %uilding6s in their
place on the said property, 'he Developers6+wners shall at their costs o%tain all necessary
sanctions and per#issions for redevelop#ent of and construction of new Fuilding on the
said 8roperty including ),+,D,& Co##ence#ent& +ccupation and Co#pletion Certi@cates,

" 4 , )t is agreed that the rights of the 'enant in respect of the said e-isting pre#ises shall
continue till the 'enant is put in possession of the said new 9at 8re#ises and on the 'enant
%eing put in possession of the said new 8re#ises 9at along with Full +ccupation Certi@cate&
the tenancy rights of the 'enant in respect in the said e-isting pre#ises shall cease and the
'enant will hold the said new 8re#ises 9at on +wnership %asis, 'he 'enant shall not %e lia%le
to pay any rent ta-es or charges in respect of the said e-isting pre#ises after he vacates
the sa#e for the purpose of redevelop#ent of the said 8roperty,

3? , 'he 'enant shall %e entitled to retain& sell& dispose of& #ortgage& avail
loan6@nance& grant on leave and license& create tenancy and6or otherwise deal with the said
new 8re#ises in any #anner dee# @t and the
Developers6+wners here%y grants its irrevoca%le consent and per#ission to the 'enant
and6or his no#inees for any such sale& transfer& #ortgage and6or for creation of third party
rights in respect of the said new 8re#ises in the #anner he dee#s @ts and proper and at
any ti#e hereafter ,

3 , 'he Developers6+wners here%y covenants & declares and represented with
the 'enant& that2

.i0 the Developers6+wners shall at its entire costs and e-penses co#ply with all
conditions of )nti#ation +f Approval .),+,A0,& Co##ence#ent Certi@cate .C,C,0& +ccupation
Certi@cate .+,C,0 which #ay %e stipulated %y MCBM for the purpose of redevelop#ent of the
8roperty and such other infrastructure as #ay %e stipulated in the revised )nti#ation +f
Approval .),+,A0,& Co##ence#ent Certi@cate .C,C,0& 6(ayout and revisions #ade thereto
fro# ti#e to ti#e with respect to new %uilding which to %e constructed on said 8roperty& so
that construction of the said new %uilding and allot#ent of the said new 8re#ises to the
'enant is not delayedJ

.ii0 the Developers6+wners shall construct the said new %uildings using good
Euality #aterial and in a ti#ely #annerJ

.iii 0 the Developers6+wners shall not create any charge or encu#%rance of whatsoever
nature in respect of the said new 8re#ises nor the Developers6+wners shall do any of its act&
deed or conduct #ake the said new 8re#ises su%/ect #atter of any litigationJ

.iv 0 the Developers6+wners shall not sell& transfer& assign& #ortgage& convey& lease&
create leave R licence& charge and6or any third party rights and6or part with possession of
the said new 8re#isesJ

.v0 that the Developers6+wners shall at their entire costs and risks %e lia%le for carrying
out the develop#ent of the said 8roperty, 'he Developer shall %e lia%le to %ear and pay all
develop#ent charges6e-penses& MAADA6MCBM pre#iu#& deposits paya%le to the concerned
local and #unicipal authorities6State Bovern#ent6Statutory Authority including transfer
charges paya%le to Cstate Depart#ent6MAADA6MCBM including water and electricity
deposits,& all infrastructure e-penses of develop#ent and construction i,e, electricity& water&
drainage& sewerage& stor# water drains& ca%les& street lights& fencing& co#pound wall&
ra#ps and all a#enities& cost of oNce staT salaries& and ad#inistrative& costs& traveling and
legal e-penses& site oNce e-penses& ta-es related to construction& structural fees& ta-es
related to construction& occupation Charges& all MCBM fees& (PC 'a- 6 Final Assess#ent 'a-&
ArchitectGs and RCC Consultants Fees& security charges& water6sewerage charges for
construction at site& site supervisor charges& sta#p duty and registration charges and all
other costs& charges %y whatever na#e called necessary for carrying out the develop#ent of
the said 8roperty,

33 , )f the Developers6+wners fail to co#plete the said new %uilding and to hand over
possession of the said new 9at 8re#ises to the 'enant within the said period
of D? 3I #onths su%/ect to K #onths grace period & the Developers6+wners shall %e lia%le to
pay to the 'enant the su# of Rs, 4 &??&??&???6= .Rupees Nine Crores +nly0 as liEuidated
da#ages , with charge on the said 8roperty for the said a#ount or unpaid part thereof ,

3D , 'he Developers6+wners shall also furnish to the 'enant on or %efore the 'enant
vacates his said e-isting tenanted pre#ises unconditional and irrevoca%le Fank Buarantee
for the total a#ount of the said Relocation displaced Co#pensation for the said D? period
of K? .si-ty0 #onths fro# the date of the 'enant handing over the vacant possession of the
said C-isting 'enanted 8re#ises to the Developers6+wners .hereinafter referred to as ;the
said Fank Buarantee<0, ,& 'he said Fank Buarantee which shall stand revoked up on the
Developers6+wners putting the 'enant in possession of the said new 8re#ises new
9at with full on receipt of Full +ccupation Certi@cate issued %y MCBM with respect to New
Fuilding to %e constructed on the said 8roperty along with the proof of
the full pay#ent 6pre#iu#s %eing #ade %y the Developers6+wners to Cstate Depart#ent &
MCBM and MAADA and other concerned authority ,

3I, 'he Developer6+wners herein agree and undertake with the 'enant that they shall
not hand over possession of any 9at to any of the 9at purchasers till the e-piry of > days
fro# the date of Developers6+wners handing over possession of the duly
co#pletedsaid new 8re#ises along with a#enities #entioned herein together with
Full +ccupation Certi@cate of the new %uilding constructed on the said 8roperty to the
'enant, 'his condition is of the essence of the contract and the +wners shall incorporate the
sa#e in the Agree#ent that #ay %e entered into %y the +wners with any of the prospective
9at purchasers of the 9at in the said new %uilding,

3> , 'he said new 8re#ises shall %e allotted and shall stand in the na#e of the 'enant or
his no#inee6.s0,

3K , 'he parties hereto shall present this Agree#ent at the concerned Registration oNce
within the ti#e li#it prescri%ed %y the Registration Act& and shall get it registered under the
Registration Act& 4?",

3! , All notices to %e served on the 'enant as conte#plated %y this Agree#ent shall %e
dee#ed to have %een duly served if personally delivered or sent to hi# %y Registered 8ost
A,D at his address speci@ed %elow=
; 555555555555555555555555
5555555555555555555555555
5555555555555555555555555<
3" , All notices to %e served on the Developers6 +wners as conte#plated %y this
Agree#ent shall %e dee#ed to have %een duly served if personally delivered or sent to
the# %y Registered 8ost A,D at their address speci@ed %elow Y

; 555555555555555555555555
5555555555555555555555555
5555555555555555555555555<

34 , 'his Agree#ent shall always %e su%/ect to the provisions of the Maharashtra
+wnership Flats .Regulation of the pro#otion of construction& sale& #anage#ent and
transfer0 Act& 4KD and the rules #ade there under,

D?, 'his Agree#ent shall %e su%/ect to the e-clusive /urisdiction of Courts at Mu#%ai,

D , 'he Sta#p Duty and registration charges in respect of this agree#ent shall %e %orne
and paid %y the Developers6+wners alone,

hands the day and the year @rst hereina%ove written,

H :=< $IB9: 9=<DAC< 7!#D< B<$<BB<D :D H
($description of the said property')

A(( that piece or parcel of land& heredita#ent and pre#ises of %earing 8lot No, > of Dadar
Matunga .North0 Cstate& situate at M,A, Su%ra#ania# Road& Matunga Mu#%ai I?? ?4
together with %uilding thereon known as ;Birivihar< in the registration Su%= District and
District of Mu#%ai City ,

:=< 9<D0D 9=<DAC< 7!#D< B<$<BB<D :D
($ description of the said ne# fat')

All that residential pre#ises %eing Flat No, I ad#easuring D!? sE, ft, .car pet area 0 on
the I
th
9oor of the said new %uilding together with 3 .two0 parking spaces
along with te#ple to %e constructed on the portion of the terrace on the top 9oor of the said
new %uilding to %e constructed on the said property,

S)BNCD AND DC()VCRCD %y the [
withinna#ed Developers6+wners [
M6s, NCCV RCA('+RS [
through its authorised partner [
Mr, 55555555555555555555555555& [
in the presence of UUUUUUUUUU [

,

3,

withinna#ed 'enant [
SAR), RAV)NDRA B+V)NDJ) MA+NA [
555555555555555555555555555 [
in the presence of U U [

D7:<D :=I9 D7F D$ 2013

;Js1 0<<# B<7C:DB9
U the Developer6+wner

AND

9=BI1 B7#I0DB7 ED#I0DJI ?=D07
U 'enant

7EB<<;<0: $DB /BD#IDI0E /<B;70<0: 7C:<B07:I#<
7D;;DD7:ID0 :D :=< :<070:

Zp[Client to con@r#,

7EB<<;<0:

:=I9 7EB<<;<0: #ade at Mu#%ai this 5555 day of555555555555555& in the Christian 7ear
'wo 'housand 'hirteen .3?D0J

!<:G<<0

;Js1 0<<# B<7C:DB9& a partnership @r#> duly registered under the )ndian 8artnership Act&
4D3 and having its address at ?& Sunder Apart#ent& Nes%it Road& MaLgaon& Mu#%ai= I??
??& hereinafter referred to as ;the Developers6+wners< .which e-pression shall unless it %e
repugnant to the conte-t or #eaning thereof #ean and include the partners for the ti#e
%eing constituting the said @r#& the survivors6survivor of the#& their heirs& e-ecutors&
ad#inistrators and assigns0 of the +ne 8artJ

70D

415 9=BI1 B7#I0DB7 ED#I0DJI ?=D07> 425 9=BI1 B7J<0DB7 ED#I0DJI ?=D07 and
435 9=BI1 D<#<0DB7 ED#I0DJI ?=D07> all adult& of Mu#%ai& )ndian )nha%itants& all
residing at >& ;Birivihar<& M,A, Su%ra#anian Road& Matunga& Mu#%ai = I?? ?4& hereinafter
collectively referred to as the ;'enants< .which e-pression shall unless it %e repugnant to the
conte-t or #eaning thereof #ean and include their respective heirs& e-ecutors
ad#inistrators and assigns0 of the +ther 8art2

G = < B < 7 9H

A, Fy an under Assign#ent Deed dated "
th
Nove#%er 3?& registered with the Su%=
Registrar of Assurances at 555555555& Mu#%ai under Serial No, 55555555555555555555555555555
on 555555555& the 'enants herein& .therein collectively referred to as ;the Vendors<0 and the
Developers6+wners herein .therein referred to as ;the 8urchasers<0& the Vendors therein
sold& assigned& released& conveyed and assured unto the Developer6+wners all that piece
and parcel of land %earing 8lot No,> of Dadar Matunga .North0 Cstate& Matunga& Mu#%ai Y
I?? ?4 .hereinafter referred to as ;the (and<0 together with %uilding thereon known as
;Birivihar< .hereinafter referred to as 6t+e said existing building80 in the registration
Su%=district of Mu#%ai #ore particularly descri%ed in the $IB9: 9=<DAC< hereunder
written& .hereinafter referred to as 6t+e said /ro*erty80 on certain ter#s and conditions
#entioned thereinJ

F, 8ursuant to the aforesaid Assign#ent Deed dated "
th
Nove#%er 3?& the
Developers6+wners %eco#e owner of the said property& su%/ect to tenancy rights occupied
various tene#ents in the said e-isting %uildingJ

C, 'he 'enants are #onthly tenant to the Developers6+wners and their are in use and
occupation of #editation roo# ad#easuring 5555 sE, ft, on 555555 9oor together with having
6D
rd
undivided right& title an interest in the terrace on the I
th
Floor of the said C-isting
Fuilding .hereinafter referred to as 6t+e said meditation room80, 'he 'enancy is respect
of the said #editation roo# is valid and su%sistingK 'he copies of the Rent Receipts issued in
favour of the 'enants is anne-ed hereto and #arked as 700<@AB< 678J

D, 'he Developers6+wners are in process of reconstruction and redevelop#ent of the
said 8roperty& in accordance with the plans and speci@cation sanctioned %y Municipal
Corporation of Breater Mu#%ai 46;E;85 and6or any other concerned authority ti#e to
ti#e& su%/ect to co#plying ter#s& conditions and stipulations laid %y any concerned
authorities or if any& which #ay %e i#posed %y the local authorities fro# ti#e to ti#e, 'he
Developer6+wners has o%tained the No +%/ection Certi@cate .N+C0 fro# MAADA with
respect redevelop#ent of the said 8roperty, A copy of the said N+C dated 555555 %earing no,
555555555555555555555555 issued %y MAADA is anne-ed hereto and #arked as 700<@AB<
6!8J

C, )n pursuance of negotiations %etween the parties hereto and as #utually agreed
%etween the parties hereto& the Developer6+wners has agreed to allot to the 'enants herein
the 'e#ple ad#easuring a%out 3?? sE, ft, .carpet area0 .wall to wall0 on terrace& which to %e
constructed on the portion of the 'errace of the said new %uilding alongwith the land
appurtenant to the te#ple for the e-clusive use of the 'enants and their fa#ily #e#%ers as
shown surrounded %y %rown colour %oundary line on the 'errace 8lan showing te#ple is
anne-ed hereto and #arked as %NN4:764 $3' (hereinafter referred to as ;t+e said
:em*le80 free of cost on ownership %asis as #ore particularly descri%ed in the 9<D0D
9=<DAC< hereunder written& .hereinafter referred to as 6t+e said :em*le80& in lieu of
the 'enants herein agreeing to surrendering their respective tenancy rights in the said
#editation roo# and the 'enants has agreed to accept allot#ent of the said 'e#ple on
certain ter#s and conditions as #utually agreed %y and %etween the parties hereto and
incorporated hereinJ

F, 'he Developer6+wners here%y covenant and undertake with the 'enants& that the
Developer6+wners shall infor# and incorporate a Clause in Agree#ent for Sale to %e
e-ecuted %y and %etween the Developer6 +wners with the 8rospective 8urchaser6s of Flats of
the said new Fuilding under the provisions of Maharashtra +wnership Flats .Regulation of
the pro#otion of construction& sale& #anage#ent and transfer0 Act& 4KD .;M+FA<0& that the
'e#ple ad#easuring a%out 3?? sE, ft, alongwith the land appurtenant to the 'e#ple to %e
constructed on the 'errace of the said new %uilding shall %e a%solutely owned and possessed
%y the 'enants and their fa#ily #e#%ers and only the 'enants& their fa#ily #e#%ers&
devotees and guests shall have the e-clusive right to use and have access to the 'e#ple
including the land appurtenant to the 'e#ple on the 'erraceJ

:=< /7B:I<9 79 A0D<BH

operative part of this Agree#ent and if the sa#e are reproduce herein ver%ati# and it shall
supersede all previous oTers& letters& agree#ents& arrange#ents and understandings
%etween the parties hereto in this %ehalf,

3, 'he Developers6 +wners have agreed to redevelop the land %earing plot No, > of
Dadar Matunga .North0 Cstate& together with structures6%uilding standing thereon known as
;Birivihar< %earing situate at M,A, Su%ta#ania# Road& Matunga I?? ?4 in the Registration
Su%=district and District of Mu#%ai City #ore particularly descri%ed in the $IB9:
9=<DAC< hereunder written .hereinafter referred to as ;t+e said /ro*erty <0& in
accordance with Develop#ent Control Regulations 44 as a#ended fro# ti#e to ti#e and
as per the plans and speci@cation sanctioned %y Municipal Corporation of Breater
Mu#%ai 46;E;85 and6or any other concerned authority ti#e to ti#e& su%/ect to
co#plying ter#s conditions and stipulations laid %y any concerned authorities or if any &
which #ay %e i#posed %y the local authorities,

D, 'he 'enants having agreed to co=operate in the redevelop#ent of the said 8roperty
and for that purpose& the 'enants surrender their respective tenancy rights in respect of said
#editation roo# and handover vacant and peaceful possession of #editation roo#
ad#easuring a%out 555555555 sE, ft, carpet area on the 55555555555 9oor of the said e-isting
%uilding along with 6D
rd
undivided right& title an interest in the terrace on the 5555 Floor of
the said C-isting Fuilding to the Developers6 +wners .hereinafter referred to as ;t+e said
meditation room85, 'he Developers6 +wners here%y agrees to allot and provide on
;ownership %asis< and free of cost to the 'enants a te#ple ad#easuring 3?? sE, ft, .carpet
area0 .wall to wall0 together with the land appurtenant to the te#ple [ of proposed new
%uilding for the e-clusive use of the 'enants and their fa#ily #e#%ers& guests and
devotees only and the (and appurtenant to the said te#ple for the e-clusive use of the
'enants and their heirs only& as #ore particularly descri%ed in the9<D0D
9=<DAC< hereunder written .hereinafter referred to as 6t+e said :em*le80 A copy of
sanctioned plan %y MCBM with respect to the said 'e#ple is anne-ed hereto and #arked
as 7nnexure 68 and along with a#enities provide in the said 'e#ple as #ore particularly
descri%ed in 700<@AB< 6D8,

I, 'he Developer6 +wners shall %e entitled to a#end and revise the plans as #ay %e
reEuired %y M,C,B,M provided such a#end#ents do not in any #anner reduce carpet area or
location& speci@cation of the said 'e#ple and land appurtenant to the 'e#ple on the 'errace
or in any #anner pre/udice the rights of the 'enants under this Agree#ent,

>, )n order to facilitate the re=develop#ent work of the said 8roperty& the 'enants shall
hand over vacant possession of their the said #editation roo# to the Developers6 +wners
within I> days fro# the date of written inti#ation fro# the Developers6 +wners of
sanctioned of the said new %uilding plans with D FS) and receipt of ),+,D, fro# MCBM and
si#ultaneously #aking pay#ent as set out in lause 668,

K, )n consideration of& the 'enants giving consent for redevelop#ent of the said
8roperty and personal hardship which the 'enants #ay have to suTer& the Developers6
+wners shall pay to the 'enants upon vacating and handing over possession of the said
#editation roo#& as co#pensation of Rs,555555555555555555= .Rupees 555555555555555only0,

!, )t is agreed %etween the parties hereto that the said 'e#ple alongwith the 'errace
shall %e allotted %y the Developers6 +wners agreed to allot to the 'enants free of cost and
on +wnership %asis& the said 'e#ple and terrace appurtenant to the said te#ple shall not
%eing for# a part of co##on area of the proposed new %uilding and the said 'e#ple shall %e
use for the#selves and their fa#ily #e#%ers and their devotees and guests, 'he
Developers6 +wners shall provide water connection and drainage line to the said 'e#ple, )t
is also here%y agreed %etween the parties that the said 'e#ple alongwith the 'errace around
the said 'e#ple ad#easuring 55555555 sE, ft, shall %e in e-clusively owned and possessed %y
the 'enants their fa#ilies and no other Flat purchasers of the New Fuilding shall have access
to the sa#e without prior per#ission of the 'enants, 'he Developer6+wners agree to infor#
to the 8rospective Flat 8urchaser6s of the New Fuilding a%out the right the e-clusive right of
the 'enants over the said 'e#ple alongwith the 'errace shall incorporate the sa#e in the
Agree#ent for Sale .;M+FA<0 that #ay %e entered into %y and %etween the Developers6
+wners and 8rospective 9at purchasers of the 9ats of the New Fuilding,

", 'he 'enants here%y agrees& declares and covenants that2

a, 'hey are alone is fully and eTectually entitled to the tenancy rights of the said
#editation roo# and that save and e-cept the#selves no%ody has got any clai# or right&
title and interest in the tenancy rights of the said said #editation roo#J

%, they had not created any third party rights in respect of the said #editation roo# or
part thereof and that they and their #e#%ers fa#ily alone are in actual use& occupation and
possession of the sa#e,

4, 'he Developers6 +wners here%y covenants& declares and represented with the
'enants& that2
.i0 the Developers6 +wners shall at its entire costs and e-penses co#ply with all
conditions of )nti#ation +f Approval .),+,A0,& Co##ence#ent Certi@cate .C,C,0& +ccupation
Certi@cate .+,C,0 which #ay %e stipulated %y MCBM for the purpose of redevelop#ent of the
8roperty and such other infrastructure as #ay %e stipulated in the revised )nti#ation +f
Approval .),+,A0,& Co##ence#ent Certi@cate .C,C,0& 6(ayout and revisions #ade thereto
fro# ti#e to ti#e with respect to said new %uilding which to %e constructed on said
8roperty& so that construction of the said new %uilding and allot#ent of the said new
8re#ises to the 'enants is not delayedJ

.ii0 'he Developers6 +wners shall o%serve& perfor# and co#ply with all the ter#s&
conditions and restrictions if any& which #ay have %een i#posed %y the concerned
authorities while sanctioning the said new %uilding plans and shall o%tain all necessary
per#ission and sanctioned fro# the concerned authorities ),+,D,& Co##ence#ent
Certi@cate and +ccupation Certi@cate in respect of the said proposed new %uilding to %e
constructed %y the# on the said 8roperty at their costs and e-pensesJ

.iii0 the Developers6 +wners shall construct the said 'e#ple using good Euality #aterial
and in a ti#ely #anner as conte#plated hereinJ

.iv0 the Developers6 +wners shall not create any charge or encu#%rance of whatsoever
nature in respect of the said 'e#ple nor the Developers6 +wners shall do any of its act& deed
or conduct #ake the said 'e#ple su%/ect #atter of any litigationJ

.v0 the Developers6 +wners shall not sell& transfer& assign& #ortgage& convey& lease&
create leave R licence& charge and6or any third party rights and6or part with possession of
the said 'e#pleJ

.vi0 the Developers6 +wners shall at their entire costs and risks %e lia%le for carrying out
the develop#ent of the said 8roperty, 'he Developers6 +wners shall %e lia%le to %ear and
pay all develop#ent charges6e-penses& MAADA6MCBM pre#iu#& deposits paya%le to the
concerned local and #unicipal authorities6State Bovern#ent6Statutory Authority including
transfer charges paya%le to Cstate Depart#ent6MAADA6MCBM including water and
electricity deposits& all MCBM fees& (PC 'a- 6 Final Assess#ent 'a-& ArchitectGs and RCC
Consultants Fees& security charges& water6sewerage charges for construction at site& site
supervisor charges& sta#p duty and registration charges and all other costs& charges %y
whatever na#e called necessary for carrying out the develop#ent of the said 8roperty,

?, 'he 'enants shall %e entitled to hold the said 'e#ple on ownership %asis and entitle
to deal in any #anner they dee#s @t& without recourse of the Developers6 +wners,
8rovided further that Developers6 +wners has given their irrevoca%le consent for the sa#e,

1 'he Developers6 +wners shall co#plete construction of the proposed new %uilding
within DK #onths0 fro# date of handing over possession of the said #editation roo#, Ppon
co#pletion of construction of the proposed new %uilding DK #onths& the 'enants shall %e put
in physical possession of the said 'e#ple along with a#enities #entioned herein together
with full +ccupation Certi@cate,

3, 'he 'enants shall take possession of the said 'e#ple within D? days fro# the
Developers6 +wners giving written notice to hi# inti#ating that the said 'e#ple is ready for
use and full +ccupation Certi@cate with respect to said new %uilding is o%tained, Ppon
receipt of physical possession of said 'e#ple& the Developers6 +wners is lia%le to pay ta-es&
%etter charges& #aintenance& outgoing or such other levied de#and %y the concerned local
authority in respect of said new 8re#ises,

D, )f within twelve #onths fro# the date of oTering physical the possession of the said
'e#ple %y the Developers6+wners to the 'enants with full +ccupation Certi@cate& the
'enants %rings to the notice of the Developers6+wners any defect in the R,C,C, :ork of the
said 'e#ple and6or in the said new %uilding in which the said 'e#ple is located or if within a
period of @ve years fro# the date of handing over possession of the said 'e#ple %y the
Developers6+wners to the 'e#ple with full +ccupation Certi@cate& the 'enants %rings to the
notice of the Developers6+wners any defect in water proo@ng of the said 'e#ple and if
conseEuently there is leakage in the said 'e#ple& the Developers6+wners will rectify such
defects at their own costs and e-pensive,

I, 'he 'enants shall not %e lia%le to pay any rent& ta-es or charges in respect of the
said #editation roo# once they had vacated and handover possession of said #editation
roo# to the Developers6 +wners for the purpose of redevelop#ent of the said 8roperty, 'he
'enants are only lia%le to pay ta-es& #aintenance and any other charges with respect to the
said 'e#ple& only after receipt of physical possession of the said 'e#ple along with full
occupation certi@cate with respect to the said new %uilding which to %e constructed on the
said 8roperty,

>, )n the event& if the Developers6 +wners fail to co#plete the construction of said new
%uilding including handing over possession of the said 'e#ple to the 'enants within the said
period of D? #onths plus K #onths grace period viL,& DK #onths fro# the date of handing
over the vacant possession the said #editation roo# for de#olition, 'hen the Developers6
+wners shall %e lia%le to pay to the 'enants the su# of Rs, 55555555555556= .Rupees
555555555555 only0 as liEuidated da#ages,

K, 'he said 'e#ple shall %e allotted and shall stand in the na#e of the 'enants or their
no#inee6.s0,

!, 'he parties hereto shall present this Agree#ent at the concerned Registration oNce
within the ti#e li#it prescri%ed %y the Registration Act& and shall get it registered under the
Registration Act& 4?",

", All notices to %e served on the 'enants as conte#plated %y this Agree#ent shall %e
dee#ed to have %een duly served if personally delivered or sent to the# %y Registered 8ost
A,D at their address speci@ed %elow=

615> Eiri%i+ar> ?171 9ubramanian Boad>
;atunga>;umbai " (00 01)8

4, All notices to %e served on the Developers6 +wners as conte#plated %y this
Agree#ent shall %e dee#ed to have %een duly served if personally delivered or sent to the#
%y Registered 8ost A,D at their address speci@ed %elow2
0ee% Infrastructure /%t1 Ctd1
0ee% #ittoria> 0esbit Boad>
0ext to ;a-gaon 9ales :ax DYce>
;a-gaon> ;umbai R (00 010

3?, 'his Agree#ent shall always %e su%/ect to the provisions of the Maharashtra
+wnership Flats .Regulation of the pro#otion of construction& sale& #anage#ent and
transfer0 Act& 4KD and the rules #ade there under,

3, 'he Sta#p Duty and registration charges in respect of this agree#ent shall %e %orne
and paid %y the Developer6 +wners alone,

respective hands the day and the year @rst hereina%ove written,

:=< $IB9: 9=<DAC< 7!#D< B<$<BB<D :D
46t+e said /ro*erty85

A(( that piece or parcel of land& heredita#ent and pre#ises of %earing 8lot No, > of Dadar
Matunga .North0 Cstate& situate at M,A, Su%ra#ania# Road& Matunga Mu#%ai I?? ?4
together with %uilding thereon known as ;Birivihar< in the registration Su%= District and
District of Mu#%ai City ,

:=< 9<D0D 9=<DAC< =<B<A0D<B GBI::<0
4St+e said :em*le85

)n respect of 'e#ple ad#easuring a%out 3?? sE, ft, .carpet area0 on 5555555 9oor alongwith
the land appurtenant to the te#ple for the e-clusive use of the 'enants and their respective
heirs of the said new %uilding to %e constructed on the said 8roperty,

withinna#ed Developers6+wners [
;Js1 0<<# B<7C:DB9 [
through its authorised partner [
Mr, 555555555555555555555555555555& [
in the presence of UUUUUUUU [
,
3,

withinna#ed 'enants [
415 9=BI1 B7#I0DB7 ED#I0DJI ?=D07 V
425 9=BI1 B7J<0DB7 ED#I0DJI ?=D07 V
435 9=BI1 D<#<0DB7 ED#I0DJI ?=D07 V
555555555555555555555555555 [
in the presence of U U [

Anne-ure ;A<
copies of rent receipts

Anne-ure ;F<
N+C issued %y MAADA for redevelop#ent

Anne-ure ;C<
'errace plan shown the said te#ple

Anne-ure ;D<
A#enities provided in the said 'e#ple

MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM
D7:<D :=I9 D7F D$ 2013
MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM

;Js1 0<<# B<7C:DB9
,,,,,, 'he Developers6+wners

70D

9=BI1 B7#I0DB7 ED#I0DJI ?=D07 N D:=<B9
Wthe 'enants

VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
7EB<<;<0:
VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV

55555555553??! %etween /DDJ<<: <0:<B/BI9<9 partnership @r# registered under the
)ndian 8artnership Act& 4D3 having its registered oNce at ?I& Falguni& Ashok Chakarvarty
Road& Mandivli .Cast0& Mu#%ai I?? ?K!& hereinafter referred to as 6t+e D.ner98 .which
e-pression shall unless it %e repugnant to the conte-t or #eaning thereof shall #ean and
include the partner or partners for the ti#e %eing of the said @r#& their survivor or survivor
and their heirs& e-ecutors and ad#inistrators0 of the +NC 8artJ AND
55555555555555555555555555 of Mu#%ai )ndian )nha%itant6s having his6her6their address at
555555555555555555555555555555555555555555 referred to as 6t+e :<070:J98 .which
#ean and include his6her6their respective heir6s& e-ecutor6s& ad#inistrator6s and assign6s0 of
the +'ACR 8AR'2

G = I6443 and #ade %etween
Feharilal Ra#charan Cotton Mills (i#ited therein referred to as the Vendor of the +ne 8art
and M6s, 8oo/eet Cnterprises therein referred to as the 8urchasers of the +ther 8art& herein
referred to as the +wners& the Vendors sold and conveyed to the 8urchasers therein& herein
referred to as the +wners all that land& heredita#ents and pre#ises together with the
Fuildings and structures standing thereon situate lying and %eing at Senapati Fapat Marg& in
the registration District and Su% District of Mu#%ai City and Mu#%ai Su%ur%an ad#easuring
3??>,K3 sE, #trs %earing Cadastral Survey No, I6I3 of (ower 8arel Division and #ore
particularly descri%ed in the First Schedule hereunder written .hereinafter referred to as ;the
said property<0 together with attorn#ent of tenants6occupants therein in favour of the
8urchasers therein for the consideration and on the ter#s and conditions therein containedJ

F, )n the circu#stances aforesaid& %y virtue of the a%ove recited Deed& the said +wners
have %een seiLed and possessed of or otherwise well and suNciently entitled to the said
property descri%ed in the First Schedule hereunder written and delineated on the plan
thereof hereto anne-ed and #arked as 7nnexure 678K
C, 'he 'enant is a #onthly tenant of the +wners and is in use and occupation of
pre#ises %earing Roo# No, 55 ad#easuring 555555 sE, #trs eEuivalent to 555555555sE, ft,
carpet area on the 55555555 9oor of the structure having Chawl No, C known as F,R, Cotton
Mill Chawl .;said chawl<0 and is paying a #onthly rent of Rs, 55556= to the +wners in respect
thereof .hereinafter referred to as ;the said tenanted pre#ises<0 and the said tenancy is
valid and su%sisting, A copy of the Rent Receipt and Ration Card of the 'enant is hereto
anne-ed and #arked 7nnexure 6!8 and 7nnexure 68 respectivelyJ
D, 'he 'enants6+ccupants of the said chawl have for#ed an association known as F, R,
Cotton Mills Chawl Rahivasi Sangh .hereinafter referred to as the ;said Sangh<0 which looks
after the interests and welfare of the tenants6occupants on the said property, 'he
'enants6+ccupants have approached the +wners individually as well as through the said
Sangh with the reEuest to the +wners to construct a new %uilding with #odern a#enities
and self contained tene#ents after de#olishing e-isting chawls and provide to each of the
'enant6+ccupant per#anent acco##odation in the new %uilding on ownership %asis free of
cost in lieu of surrender of their respective tenancy rightsJ
C, 'he said Sangh is aware that there were certain diTerences %etween the +wners and
Mewal )ndustrial Cstate Bala +wners Association& a association for#ed %y the owners of
)ndustrial Balas on ad/acent land %earing C,',S, No, D6I3 of (ower 8arel Division& with
regard to C,',S, Foundaries& co#pound wall and de#arcation of the %oundary, )n pursuance
thereto to sort their diTerences %oth the parties entered into the Me#orandu# of
Pnderstanding dated
st
Fe%ruary& 3??> to de#arcate and identify their respective
properties and possession thereof, 'he said Sangh has agreed and consented to the
aforesaid M+P and further con@r#s that the ter#s shall %e %inding upon the# and upon
any society6association that #ay %e for#ed hereafter,
F, 'he +wners looking at the unhygienic condition and the conditions of the structures
on the said property and the e-press assurances and co##it#ents given %y the said Sangh
and tenants6occupants of the said chawl that they are all willing to give full co=operation and
assistance to the +wners& evolved a sche#e with the 'enants6+ccupants and entered into a
Me#orandu# of Pnderstanding dated Nil& 3??3 which inter alia included providing
alternative acco##odation on ownership %asis and entering into agree#ents with the
'enants6+ccupants of the said chawl in lieu of they surrendering of their tenancy rights as
reEuired under MAADA sche#e #ore particularly %eing D,C, Rules DD.!0J
B, )n the aforesaid the +wners were looking out for reputed and e-perienced property
developers who could %e entrusted with the redevelop#ent of the said property as the
+wners do not have e-pertise& resources and infrastructure to de#olish and to construct a
new %uilding on the said property for the tenants6occupants, Aence pursuant to
negotiations %etween the +wners and Marathon Realty (td, .hereinafter referred to as ;the
Developer<0& the Developers agreed to construct the new %uilding with 3D?4 sE, #ts,
.3I">I sE, ft0 .Municipal0 F,S,), .appro-,0 for tenants6occupants as Reha%ilitation Co#ponent
Fuilding and having !I sE, #ts, ."&!I? sE,ft0 .Municipal0 .appro-,0 F,S,), as free sale
co#ponent for sale in the open #arketJ
A, Accordingly& the +wners have %een granted per#ission for redevelop#ent under
Develop#ent Control Regulations DD.!0 and Appendi- ))) thereto fro# Mu#%ai Fuilding
Repairs R Reconstruction Foard on I
th
Septe#%er& 3?? .MFRRF0 and the sa#e is valid
and su%sistingJ
), 'he +wners have also o%tained per#ission for redevelop#ent under Section 33 of
the Pr%an (and .Ceiling R Regulation0 Act& 4!K fro# the Additional Collector R Co#petent
Authority .P(C0 Breater Fo#%ay on D
st
July& 3?? and the sa#e is valid and su%sistingJ
J, 'he +wners have got the %uilding plans sanctioned and approved %y the MCBM for
construction of %uildings on the said property in ter#s of D,C, Rules DD.!0 na#ely& the
reha%ilitation %uilding for reha%ilitating the tenants6occupants on the said property& and the
fee sale %uilding for sale to prospective purchasers& vide ),+,D, under No, CF6"I">6BS6A
dated ",",3??3 issued %y the C-ecutive Cngineer& Fuilding 8roposals .City=)0 in respect of
Fuilding ;A< R ;F< for reha%ilitation of the tenants6occupants and CF6"I"!6BS6A dated
",",3??3 also for Fuilding ;C< %eing the free sale co#ponent Fuilding on the said property
and Co##ence#ent Certi@cate .C,C,0 dated 3",",3??Din respect of Reha%ilitation Fuilding in
pursuance whereof the +wners have co##enced and co#pleted construction of
Reha%ilitation Fuilding .;the said Reha% Fuilding<0 and have o%tained +ccupation Certi@cate
dated I,3,3??K in respect thereof, Copy of +ccupation Certi@cate is anne-ed hereto
#arked as 7nnexure 6D8K
M, 8ursuant to the receipt of ),+,D,& the 'enants6+ccupants including the 'enant herein
have vacated the said chawl and all the structures standing on the said property have %eing
de#olishedJ
(, 'he said Reha% Fuildings ;A< and ;F< co#prises of part ground& part stilt and ! upper
9oorJ
M, Su%seEuently in the #eeting held %y the said Sangh on 5555 with all the
'enants6+ccupants& all 9ats in the said reha% %uildings <A< and ;F< known as ;CA)RAB
A8AR'MCN'< have %een allotted to the 'enants6+ccupants %y draw of lots and accordingly
Flat No, 55555 on 55555 9oor& in :ing 55555 of Fuilding 55555 ad#easuring 3!? sE,ft, .F,P,A,0
has %een allotted to the 'enant hereinJ
N, 'he +wners have agreed to handover to the 'enant herein and the 'enant herein has
agreed to accept fro# the +wners in lieu of surrendering his6her6their e-isting tenancy rights
in the said tenanted pre#ises& Flat No, 5555 on the 555 9oor ad#easuring 55555 .F,P,A,0 and
as agreed upon as and %y way of per#anent alternative acco##odation on ownership %asis&
free of cost in the said reha% %uilding .hereinafter referred to as Hthe said new pre#ises<0J
+, 'he 'enant has %een given inspection of all the docu#ents of title relating to the said
property& per#ission6consents6N+C the plans& designs and speci@cations as sanctioned %y
FMC and concerned authorities, A copy of the Certi@cate of 'itle issued %y M6s, M,8, Savla R
Co, Advocates R Solicitors of the +wners as well as the copy of the property register card
and copies of plans and speci@cations of the said reha% %uildings constructed on the said
property approved %y concerned authorities are anne-ed hereto and #arked as 7nnexure
6<8& 6$8 and 6E8 respectively, 'he list of a#enities provided in the said new pre#ises is
enclosed herewith #arked 7nnexure 6=81 'he 'enant6+ccupant on having perused
through all the aforesaid is satis@ed with the#K
8, Pnder the provisions of Section I of the M+FA& the +wners are reEuired to e-ecute a
written agree#ent in favour of the Flat +wner %eing the 'enant herein and accordingly these
presents are e-ecuted and registered under the provisions of )ndian Registration ActJ
$, 'he parties hereto have agreed to e-ecute these present in respect of the said new
pre#ises,
:=< /7B:I<9 79 $DCCDG9 H"
, 'he recitals stated hereina%ove for# integral part of this Agree#ent as if the sa#e
are incorporated herein ver%ati#,
3, 'he +wners agree& con@r# and declare that the 'enant6+ccupant was a #onthly
tenant in respect of Roo# No, 5555 situated on the ground6@rst 9oor ad#easuring on or
a%out 555 sE, ft .F,P,A,6carpet area0 of the structure having Chawl No, 555 in the said
property paying #onthly rent of Rs, 555555 and as such the said tenancy was valid and
su%sisting,
D, 'he +wners have caused the Developers to co##ence and co#plete construction of
%uildings ;A< and ;F< on the portion of said 8lot of land delineated %y green colour in the
plan #arked 7nnexure L7L #ore particularly descri%ed in the First Schedule hereunder
written under in accordance with the plans speci@cations and designs approved %y FMC and
other local authorities which have %een seen and approved %y the 'enants6+ccupants with
only such variations and #odi@cations as the +wners #ay consider necessary or as #ay %e
+wners shall not #ake any variations or #odi@cations which #ay adversely aTect the said
new pre#ises& of the 'enant,
I, )n consideration of the 'enant6+ccupant herein surrendering and relinEuishing all
his6her6their rights in the tenanted pre#ises in favour of the +wners a%solutely and forever&
the +wners here%y agree to transfer& assign handover and allot to the 'enant.s06+ccupant&
Flat6shop on the 5555 9oor& :ing 5555 of the said reha% %uilding S55555555555555S having total
%uilt=up area of appro-, 5555 sE, ft, and %ounded %y RCD C+(+PR F+PNDR7 ()NC on the
typical 9oor plan hereto anne-ed and #arked as Anne-ure ;B< .hereinafter referred to as
Othe said new pre#isesO0 free of cost and on ownership %asis, 'he said new pre#ises shall
%e furnished with a#enities to the 'enant6+ccupant free of costs as per the list of a#enities
which is anne-ed hereto and #arked Anne-ure ;A;,
>, 'he +wners here%y agree and declare that they are the a%solute owners of the said
property and that they have not created any charge or encu#%rance thereon, 'he +wners
further declare that their title to the said property is clear #arketa%le and free fro#
as set out in this Agree#ent,
K, 'he +wners here%y declare and con@r# that they have o%served& perfor#ed and
certi@cate in respect of the said new pre#ises,
!, 'he +wners here%y declare that no part of FS) availa%le in respect of the said
property #ore particularly descri%ed in the First Schedule hereunder written has %een
utiliLed %y the +wners else where for any purpose whatsoever,
", 'he 'enant6+ccupant is aware that the +wners have %efore the e-ecution hereof
deposited in Fi-ed Deposit the su# of Rs, 3&??&???6= .Rupees 'welve (akhs only0 in the
aggregate for and on %ehalf of all the tenants6occupants who have %een allotted per#anent
acco##odation free of cost in the Reha% Fuildings ;A< and ;F< %eing lu#psu# deposit with
the intent that all inco#e accrued therefro# shall %e utiliLed %y the tenants6occupant for
#eeting their share of contri%ution towards #aintenance charges6electricity %ills of lift for
Reha% Fuildings, 'he %alance re#aining if any& out of the inco#e6interest on the said
deposit shall %e accu#ulated and the sa#e shall %e utiliLed towards #eeting the share of
the 'enant6+ccupant and the other 'enants6+ccupants of #a/or repairs to the lift,

4, 'he 'enant6+ccupant with the intention to %ind all persons into whosoever hands the
new pre#ises #ay co#e& doth here%y covenants with the +wners as follows 2=

a0 'o #aintain the said new pre#ises at his6her6their own cost in good tenanta%le repair
and condition fro# the date of possession of the said new pre#ises is taken and shall not do
to or suTered to %e done in or to %e %uilding in which the said new pre#ises is situated
staircase or any passages which #ay %e against the rules& regulations and %ye=laws or
concerned local or any other authority or change6alter or #ake additions in or to the %uilding
in which the said new pre#ises is situated and in the said new pre#ises itself or any part
thereof,

%0 Not to store in the new pre#ises any goods which are of haLardous& co#%usti%le or
in which the new pre#ises is situated or storing of which goods is o%/ected to %y the
concerned local or other authority and shall to carry on %e carried heavy packages to upper
9oors which #ay da#age or likely to da#age the staircase& co##on passages or any other
structures of the %uilding in which the new pre#ises is situated including entrances of the
%uilding in which the new pre#ises is situated and in case any da#age is caused to the
%uilding in which the new pre#ises is situated or the new pre#ises on account of negligence
or default of the 'enant6+ccupant in this %ehalf& the 'enant shall %e lia%le for the
conseEuences of the %reach,

c0 'o carry at his6her6their own cost all internal repairs to the said new pre#ises and
#aintain the new pre#ises in the condition& state and order in which it was delivered %y the
+wners to the 'enant6s6+ccupant and shall not do or suTering to %e done anything in or to
the %uilding in which the new pre#ises is situated or the new pre#ises which #ay %e given
the rules and regulations and %ye=laws of the concerned local authority or other pu%lic
authority& in the event of the 'enant6+ccupant co##itting any act in contravention of the
a%ove provision& the 'enant6+ccupant shall %e responsi%le and lia%le for the conseEuences
thereof to the concerned local authority and6or other pu%lic authority,

d0 Not to de#olish or cause to %e de#olished the new pre#ises or any part thereof& nor
at any ti#e #ake or cause to %e #ade any addition or alterations of whatever nature in or to
the new pre#ises or any part thereof& nor any alteration in the elevation and outside colour
sche#e of the reha% %uilding O555555555< in which the said new pre#ises is situated and
shall keep the portion& sewers& drains& pipes in the said new pre#ises and appurtenance
thereto good tenanta%le repair and condition and in particular so as to support shelter and
protect the other parts of the reha% %uildings in which the said new pre#ises is situated and
shall not chisel or in any other #anner da#age to colu#ns& %ea#s& walls& sla%s or RCC&
8aradis& or other structural #e#%ers in the said new pre#ises without the prior written
per#ission of the +wners and6or the society,

any insurance of the said property and the reha% %uildings in which the said new pre#ises is
situated or any part thereof or where%y any increase pre#iu# shall %eco#e paya%le in
respect of the insurance,

thrown fro# the said new pre#ises in the co#pound or any portion of the said property and
the reha% %uilding in which the said new pre#ises is situated,

other pu%lic authority& on account of changes of user of the new pre#ises %y the
'enant6+ccupant viL, under for any purpose other than for residential purpose,

i0 Not to let& su%=let& transfer& assign or part with his6her6their interest or %ene@t factor
of this Agree#ent or part with the possession of the new pre#ises until all the dues paya%le
%y the hi#6her6the# to the +wners under this Agree#ent are fully paid=up and only if the
he6she6they had not %een guilty of %reach of or non=o%servance of any of the ter#s and
conditions of this Agree#ent,

/0 'o o%serve and perfor# all the rules and regulations which the society #ay adopt at
its inception and the additions& alterations or a#end#ents thereof that #ay %e #ade fro#
ti#e to ti#e or protection and #aintenance of the said reha% %uilding and the new
pre#isess therein and for the o%servance and perfor#ance of the %uilding rules& regulations
and %ye=laws for the ti#e %eing of the concerned local authority and or govern#ent and
other pu%lic %odies, 'he 'enant6+ccupant shall also o%serve and perfor# all the stipulations
and conditions laid down %y the society regarding the occupation and use of the new
pre#ises in the %uilding and shall pay and contri%ute regularly and punctually towards the
ta-es e-penses or other outgoings in accordance with the ter#s of this Agree#ent to the
said Sangh and6or Association for#ed %y the Sangh,

k0 'he 'enant6+ccupant here%y agrees that in the event of any a#ount %y way of
pre#iu# including co##uted estate pre#iu# pertaining to ground rent paya%le to the
Municipality or to the State Bovern#ent or %etter#ent charges or develop#ent ta- or any
other ta- or pay#ent of a si#ilar nature %eco#ing paya%le %y the +wners in respect of the
said reha% %uilding& the sa#e shall %e rei#%ursed %y the +wners in proportion to the area of
the said new pre#ises agreed to %e purchased %y the 'enant6occupants %ears to the area of
the whole reha% %uilding and in deter#ining such a#ount the decision of the +wners shall
%e conclusive and %inding upon the 'enant6+ccupant,

l0 'ill vesting docu#ents are e-ecuted in the #anner envisaged hereto the
'enant6+ccupant shall per#it the +wners and their surveyors and agents& with or without
work#en and others at all reasona%le ti#es& to enter into and upon the said land and reha%
%uildings or any part thereof to view and e-a#ine the state and condition thereof,

?, 'he 'enant6+ccupant declares& con@r#s and records that the +wners6Developers
have co#plied and discharged with all the o%ligations reEuired to %e co#plied %y the#
eTectively and to his6her6their co#plete satisfaction and that he6she6they shall hereafter
have no clai#6de#and of whatsoever nature against the +wners6Developers herein and that
the 'enant6+ccupant doth here%y agrees and undertakes to inde#nify and keep the +wners
and6or the Developers inde#ni@ed against any such clai#6de#and %eing #ade %y any
person clai#ing any right& interest through or under the# at any ti#e hereafter,
, )##ediately on or %efore e-ecution of this presents& the +wners have handed over
vacant& Euiet and peaceful possession of the said new pre#ises6shop to the
'enant6+ccupant& in full and @nal settle#ent of all his6her6their clai#s6%ene@ts6de#ands in
respect of the said tenanted pre#ises and the 'enant declares that he6she6they has6have
taken possession of the said new pre#ises6shop and is co#pletely satis@ed with the
work#anship a#enities and Euality of a#enities provided in the said new pre#ises,
3, 'he @-tures& @ttings and a#enities provided in the said new pre#ises and the
#aterials used in the construction of the said reha% %uilding and the speci@cations of the
said reha% %uilding are those as set out in the Anne-ure ;A< anne-ed, 'he 'enant6+ccupant
has6have satis@ed hi#self6herself6the#selves a%out the design of the said pre#ises and also
a%out the speci@cations and a#enities provided therein and further con@r# that the +wners
have co#plied with their o%ligations,
D, )t is agreed& declared and con@r#ed that the percentage of the undivided interest of
the 'enant6+ccupant in the co##on area and facilities li#ited or otherwise pertaining to the
said new pre#ises shall %e in proportion of the area of the new pre#ises agreed to %e
provided hereunder to the total co##on areas and facilities li#ited or otherwise in the
reha%ilitation %uildings,
I, 'he 'enant and his6her6their no#inee6s shall use the new pre#ises or any part
thereof only for the purpose of residence,

>, 'he 'enant6+ccupant shall hereafter %e lia%le to %ear and pay the proportionate
share i,e, in proportion to the 9oor area of the new pre#ises of outgoings in respect of the
said land and %uilding6s na#ely local ta-es& estate pre#iu#& %etter#ent charges or such
other levies6ta-es %y the concerned local authority and6or Bovern#ent& water charges&
insurance& co##on lights& repairs and salaries of clerks& %ill collectors& chowkidars&
sweepers and all other e-penses necessary and incidental to the #anage#ent and
#aintenance of the reha%ilitation %uildings and land %eneath the society6association, Pntil
the Association6society is for#ed and the reha%ilitation %uildings and land %eneath it %eing
leased to it& the 'enant6+ccupant shall pay the proportionate share of outgoings as #ay %e
deter#ined, 'he 'enant6+ccupant undertakes to pay such proportionate share of outgoings
regularly and shall not withhold the sa#e for any reason whatsoever to the said Sangh,

K, 'he New pre#ises 8urchasers in the Free sale co#ponent %uilding S+#egaS and
'enant6+ccupant in the reha% Fuildings SChirag Apart#entS shall for# separate Co=operative
Societies of their respective %uildings, 'he +wners shall upon co#pletion of all %uildings
along with the +ccupation Certi@cate and sale of all 9ats6shops in the Free Sale Co#ponent
%uilding e-ecute the Deed of Conveyance of said land and %uildings thereon in favour of the
Co=operative Society for#ed %y 9at holders in %uilding S+#egaS and which Co=operative
Society in turn will grant lease to the society which would %e for#ed %y the
tenants6occupants residing in HChirag Apart#entG %uilding in respect of Fuilding SChirag
Apart#entS and land %eneath it, 'he 'enant6+ccupant is aware of the sa#e and gives
his6her6their No +%/ection for the sa#e, 'his ter# shall always %e of the essence of this
Agree#ent, +n separate Co=operative Society %eing registered the rights of the Flat
8urchaser as the purchaser of the pre#ises and 'enant Aolder will %e registered and
regulated %y the provisions of the res*ecti%e Co=operative Society and the Rules and
Regulations fra#ed %y the#& %ut su%/ect to the ter#s of this Agree#ent,

!, 'he +wners shall co=operate& with the said Sangh and 'enants6+ccupants in for#ing&
registering and incorporating Co=operative Societies as envisaged herein and for the
purpose fro# ti#e to ti#e sign and e-ecuted the application for registration and6or
#e#%ership and other paper and docu#ents necessary for the for#ation and the
registration of a society and for %eco#ing a #e#%er& including the %ye=laws of the proposed
society and duly @ll in& sign and return to the +wners within four days of the sa#e %eing
forwarded %y the Developers to the 'enant& so as to ena%le the +wners to register the
society of the Flat Aolder under section ? of the said Maharashtra +wnership Flats
.Regulation of the 8ro#otion of Construction& Sale& Manage#ent and 'ransfer0 Rules& 4KI,
No +%/ection shall %e taken %y the 'enant6+ccupant if any changes or #odi@cations are
#ade in the draft %ye=laws as #ay %e reEuired %y the Registrar of Co=operative Societies or
any other co#petent Authority, 'he rights of #e#%ers of the Co=operative Society %eing
su%/ect to the rights of the +wners under this Agree#ent and the vesting docu#ents to %e
e-ecuted in pursuance thereof, 'he +wner shall .su%/ect to their o%taining the per#ission
reEuired under the law and rules and regulations0 e-ecute6get e-ecuted the necessary
vesting docu#ents .in keeping with this Agree#ent and the rights of the +wner contained in
this Agree#ent of the said property descri%ed in the First Schedule hereunder written0
e-ecuted,

", 'he +wners shall %e entitled to consu#e additional FS) availa%le in respect of the
said plot till the registration of the society and e-ecution of assign#ent6conveyance in its

4, 'he +wners shall have a right until %oth the %uildings are co#pleted viL, the free
sale %uilding and the reha% %uildings& and two proposed co=operative housing societies are
for#ed as envisaged and the land #ore particularly descri%ed in the Schedule hereunder
and storeys and terrace thereon will su%/ect to the right of the +wners& %e the sole property
.to the e-clusion of the 'enants6+ccupants of the +wners who will %e entitled to dispose it
oT in any way they choose and the 'enants6+ccupants here%y consents to the sa#e and
agrees not to raise any o%/ection for whatsoever reason to the sa#e, 'his consent shall %e
considered to %e 9at 8urchaserSs consent conte#plated %y section !.i0.ii0 of 'he
Maharashtra +wnership Flats Act& 4KD0,

3?, 'he 'enants6+ccupants shall have no clai# whatsoever e-cept in respect of the said
new pre#ises here%y agreed to %e acEuired, All the open spaces& unallotted new pre#isess
and other spaces in the reha% %uildings& etc, will re#ain the a%solute property of the +wners
and the +wner if so desires& #ay /oin in as the #e#%ers of the Co=operative Society in
respect of such unallotted new pre#isess and other pre#ises and shall have full right
a%solute power and authority to deal with and to sell& transfer& lease& let or otherwise
dispose of the sa#e in any #anner and for such consideration& and on such ter#s and
conditions& as they #ay in their sole and a%solute discretion dee# @t and proper and the Co=
operative Society shall %e %ound to ad#it as #e#%ers& the purchasers of such pre#ises
without charging in any pre#iu# or other e-tra pay#ent or charges,

%y the +wners6Developers of all the 9ats in the free sale %uilding the power and authority of
the society so for#ed in all #atters pertaining to the unsold units6pre#ises shall %e su%/ect
to the overall authority and control of the +wners6Developers& as also over all or any of the
#atters concerning& the construction and co#pletion of the said free sale %uilding and all
a#enities appertaining to the sa#e and in particular and the +wners6Developers shall have
a%solute authority and control as regards the unsold 9ats6garages6terrace6parking space
under stilt6open parking space in the free sale %uilding and the disposal thereof,

33, )t is further agreed %etween the +wners and the 'enants6+ccupants that at the ti#e
of e-ecution of conveyance in favour of the co=operative housing society and si#ultaneous
lease of %uilding ;555555555< as envisaged the 'enants6+ccupants and6or the said society
shall rei#%urse to the +wners all the )+D deposits and other refunda%le deposits paid %y the
+wners in respect of the said reha% %uildings,

3D, At the ti#e of registration of the aforesaid docu#ent the +wners shall %ear6pay the
'enantGs share of sta#p duty and registration charges paya%le& if any& %y the said society on
the assign#ent6lease or any docu#ent or instru#ent of transfer in respect of the said reha%
%uilding and the land %eneath the %uilding to %e e-ecuted in favour of the society,

3I, 'he +wners shall have a @rst lien and charge on the said new pre#ises agreed to %e
acEuired %y the 'enants6+ccupants for any outstanding dues of the 'enants6+ccupants,

3>, 'he Solicitors and6or Advocates of the Developers shall prepare the Deed of
Conveyance or lease and all other vesting docu#ents to %e e-ecuted in pursuance of the
Agree#ent as also the %ye=laws in connection with the for#ation& registration and6or
incorporation of the Co=operative Society and6or the Me#orandu# and Articles of
Association in connection with the (i#ited Co#pany or the Condo#iniu# as the case #ay
%e, All costs charges and e-penses including sta#p duty& registration charges and other
e-penses in connection with the preparation and e-ecution of the Deed6s of Conveyance and
other docu#ents and for#ation and registration6incorporation of the Co=operative Society or
(i#ited co#pany of Condo#iniu# of Apart#ent6+wners as the case #ay %e shall %e %orne&
shared and paid %y all Flat 8urchasers of the said %uilding S+#egaS in proportion to the
respective area of their respective pre#ises,

3K, 'he 'enant6+ccupant has taken inspection of all relevant docu#ents and has
satis@ed hi#self6herself6the#selves fully in respect of the +wnersG title to the said property
descri%ed in the First Schedule hereunder written prior to the e-ecution of this Agree#ent
and doth here%y accept the sa#e and agrees not to raise any reEuisition or o%/ection6s
relating thereto at any stage,

3!, 'he said reha% %uildings ;A< and ;F< constructed %y the +wners on the said plot
shall %e known as O55555555555O and this na#e shall not at any ti#e %e altered or changed
without the prior written consent and per#ission of the +wners,

3", 'he 'enants6+ccupants here%y agree& undertake and covenant with the +wners that
neither he6she6they& nor the said societies shall at any ti#e hereafter li#it& curtail& revoke&
cancel or ter#inate any of the powers& rights& %ene@ts& interests& privileges or authorities
reserved %y& or granted to the +wners under this Agree#ent& or any other deed& docu#ent
or writing that #ay %e entered into and e-ecuted %etween the parties hereto& or those of the
+wners as #entioned herein& and the 'enants6+ccupants and the said society shall %e %ound
and lia%le to render to the +wners& all necessary assistance and co=operation& to ena%le
the# to e-ercise and avail of the sa#e,

34, Nothing contained in this Agree#ent is intended to %e nor shall %e constructed as a
part thereof, 'he 'enants6+ccupants shall have no clai# save and e-cept in respect of the
9at here%y agreed to %e sold to hi#6her6they and all terraces& open spaces& parking spaces&
lo%%ies& staircases& etc, will re#ain the property of the +wners& until the said land and
%uildings are transferred to the society as hereina%ove #entioned,

D?, Any delay tolerated or indulgence shown %y the +wners in enforcing the ter#s of
this Agree#ent or any for%earance or giving of ti#e to the 'enants6+ccupants %y the
+wners shall not %e construed as a waiver on the part of the +wners of any %reach of
nonco#pliance of any of the ter#s and conditions of this Agree#ent %y the
'enants6+ccupants nor shall the sa#e in any #anner pre/udice the rights of the +wners,

D, 'he +wners shall %e at li%erty to sell& assign or otherwise deal with or dispose of
their right& title and interest in the said land heredita#ents and pre#ises and the %uildings
constructed or hereafter to %e erected thereon at their a%solute discretion 8R+V)DCD that
the +wners do not in any way aTect or pre/udice the right here%y granted in favour of the
'enants6+ccupants,

D3, 'he 'enants6+ccupants shall present this agree#ent for registration within the ti#e
prescri%ed %y the Registration Act and inti#ate to the +wners the serial nu#%er under
which the sa#e is lodged for Registration and thereafter the +wners shall within the ti#e

DD, All notices to %e served on the 'enants6+ccupants as conte#plated %y this
Agree#ent shall %e dee#ed to have %een duly served if sent to the 'enants6+ccupants& %y
registered post A,D,6under certi@cate of posting at his6her6their address speci@ed %elow2

555555555555555555555
555555555555555555555

DI, 'his Agree#ent shall always %e su%/ect to the provisions of the Maharashtra



A(( 'AA' property together with the e-isting structure of Chawl %eing su%=divided 8lot HFG
ad#easuring 3??>,K sE, #trs or therea%outs and %earing Survey No, I6I3 of (ower 8arel
Division and assessed %y Municipal Corporation of Breater Fo#%ay under B6South :ard and
%ounded as follows2=

+n or towards North 2 %y the property %earing C,S, No, D6I3 of (ower 8arel
Division owned %y Mewal )ndustrial CstateJ
+n or towards Cast 2 %y Senapati Fapat Marg,J
+n or towards :est 2 %y the property %earing C,S, No, D6I3 of (ower 8arel
Division owned %y Mewal )ndustrial CstateJ
+n or towards South 2 Fy the property owned %y 8honei- Mills (i#ited,

%y the withinna#ed +wner s 0
222222222222222222222222222 0
555555555555555555555555555 0
555555555555555555555555555 0

withinna#ed 'enant6+ccupant 0
222222222222222222222222222 0
DA'CD 'A)S DA7 +F 3??!

M6s, 8oo/eet Cnterprises
U,, the +wners

AND

555555555555555555555555555
,,,,,, the 'enant

In respect of Flat No.,,,, on the ,,,,,,,,, foor B,,, Win of the !uildin "no#n as
$,,,,,,,,,' situate at ,,,,,,,,,,,* +u&!ai.

700<@AB< 6 8

Be+abilitation !uilding

9+o*s H

a, 'he height of the Shop fro# the top of the sla% to top of the sla% shall %e DG=?<

a, 'he 9ooring of the shop shall %e polished Shah%ad 'andoor (adi,

a, Cach shop with #ore than ?? sE,ft, area shall have loft ad#easuring one third of the
shop area,

a, Cach shop shall have Rolling Shutter,

a, 'wo co##on toilet %locks shall %e provided for the shops

a, All the gangways and staircases will %e provided with the light point,

a, All the chowks and surroundings of the %uilding shall have adeEuate light points,

a, 'hat the water tank will %e provided as per the Municipal rules,

i, As far as possi%le the proposed %uilding will %e constructed of BR, ] ! upper 9oor,

a, Decorative co#pound wall will %e provided with 'wo gates in front,

a, 'he staircase shall have risers in Madappa stone and the tread in 'andoor ladi,

'he shop shall %e painted inside,

$lats H

a, 'he height of the 'ene#ent fro# the top of the sla% to top of the sla% shall %e 4G=4<

a, Mitchen shall have a %lack cuddappa otla and steel sink with tap and glaLed tile Dado
up to 3G=?< a%ove otla,

a, Flooring of :,C, will %e of white glaLed tiles 6 Dado upto D ft, having 9ushing
arrange#ent,

a, Fathroo# with 'andoor ladi 9ooring and white glaLed tiles Dado full height with tap
and shower,

a, Cach tene#ent shall have 'andoor ladi 9ooring in Mitchen and Mota stone 9ooring in
(iving roo# ,

a, Cach 'ene#ent shall have Co##ercial Flock %oard #ain door with e-ternal synthetic
@nish including standard Bodre/ (atch and peep hole,

a, Cach roo# will %e ventilated as per Municipal Rules,

a, 'he 'ene#ent shall have Alu#inu# windows& Synte- doors for toilets and Flush door
for kitchen,

i, Cach tene#ent shall have D no, of electric points in copper wiring,

a, Cach tenants6occupants will separate electric #eter& deposit for the #eter will have
to %e paid %y tenant6occupant, )ron Brill to all windows with paint will %e provided,

a, +n ceiling fan will %e provided per tenant,

All the gangways and staircases will %e provided with a light point Bas line6phone
line6'V ca%le = provision at Bround level,

a, All the chowks and surroundings of the %uilding shall have adeEuate light points,
Society oNce to %e provided,

'hat the water tank will %e provided as per the #unicipal rules,

o As far as possi%le the proposed %uilding will %e constructed of ground ! upper 9oors,

ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo,
Decorative co#pound wall will %e provided with two gates in front,

a, 'he staircase shall have risers in Madappa stone and the tread in 'andoor ladi,

a, S#all te#ple at appropriate place shall %e provided,

VVVVVVVVVVVVVVVVVVV
A''+RNMCN' (C''CR
Date 2
Fro#&
Mr, Mithi%ai Bang/i
3DA& Chinar&
R, A, Midwai Road&
:adala .:0&
Mu#%ai I?? ?D,

'o&
555555555555555&
Roo#6ShopNo,5555& 555 9oor&
555555555555555
555555555555555
555555555555555,

Sir&
Re2 9+o*JBoom 0o1 2222 admeasuring 22222 s31 ft on 2222 ,oor of t+e building
kno.n as 69+anti !+u%an8 situate at 167> !ora !a-ar 9treet> $ort> ;umbai1

Fy a duly registered Deed of Conveyance dated K
th
+cto%er& 3??K& ) have assured&
conveyed& sold and transferred all that piece or parcel of land and ground ad#easuring 3D
sE, yds, i,e, ?3,"I sE, #trs, or therea%outs and registered %y the Collector of (and Revenue
under +ld Nos, >ID=>II New No, >K>I +ld Survey Nos, 4?3=4?> and New Survey No, "!K
Cadastral Survey No, 44D of Fort Division together with the #essuage& tene#ent or %uilding
standing thereon situate at K!& Fora FaLar Street& Fort& Mu#%ai I?? ?? .the said property0
to Clean NG Carewel Services& carrying on their %usiness at D!& Aanu#an )ndustrial Cstate&
Matrak Raod& :adala .C0& Mu#%ai I?? ?D.the 8urchaser0 su%/ect to the e-isting tenancies
and have handed over possession of the said property to the 8urchaser,

7ou are a tenant in respect of the captioned Shop6Roo# for a #onthly rent of Rs,5556=
.Rupees 5555555555555555555 only0 in respect thereof,

8lease note that your tenancy in respect of the captioned Shop6Roo# stands attorned to
Clean NG Carewel Services& with eTect fro# today and you %eing the tenant of the captioned
Shop6Roo# are therefore reEuested to henceforth pay all rents and other outgoing in respect
of the captioned Shop6Roo# in your occupation to Clean NG Carewel Services without any
further reference to #e in that %ehalf,

) here%y also direct you to pay all outstanding rent and other dues till date paya%le in
respect of the said Shop6Roo# to Clean NG Carewel Services at the a%ove address without
any further reference to #e in that %ehalf, 'he pay#ent so #ade to Clean NG Carewel
Services shall %e in full discharge of your lia%ility to pay the rent,

7ours truly&

.;it+ibai Eang'i0

'o&
M6s, 8oo/eet Cnterprises

C+NF)RMA')+N F7 'CNAN'6+CCP8AN'

:e con@r# having received possession on 3!
th
Dece#%er& 3??> of Flat No, 555 on 5555 9oor&
55 :ing of the %uilding ;5555555< lying and situated at land %earing City Survey No, I6I3 of
(ower 8arel Division& Senapati Fapat Marg& (ower 8arel& Mu#%ai I?? ?D, )6:e have
inspected the work#anship a#enities and @tting=@-tures& electricity provided in the said 9at
and the sa#e are to #y6our entire satisfaction, :e con@r# that Municipal Corporation has
given water supply to the said %uilding69at, )6:e con@r# that today, )6:e have received
Euiet& vacant and peaceful possession of Flat No, 555 in the %uilding ;55555555< constructed
on the plot, )6:e shall %e responsi%le for safety and security of the said 9at, )6:e here%y
undertake not to carry any civil and structural changes in the said %uilding or 9at and if
#aintenance is neglected %y #e6us& )6:e will solely %e responsi%le for the sa#e, )6:e shall
neither o%struct nor cause any i#pedi#ent to construction of free sale %uilding on the said
plot& on the grounds of nuisance or otherwise& whatsoever,

Aenceforth& the #aintenance of the said %uilding will %e looked after %y the F,R, Cotton Mills
Chawls Rahiwashi Sangh .;Sangh<0 and we will pay our share of proportionate #aintenance
charges to the said Sangh for which you shall not %e lia%le or responsi%le, :e undertake to
pay #aintenance and FMC ta-es fro# the date of taking possession i,e, 3!
th
Dece#%er&
3??> either to you or the said Sangh, )6:e undertake to pay proportionate #aintenance
charges of the said 9at every #onth starting fro# 3!
th
Dece#%er& 3??> as and when asked
%y the said Sangh, )6:e also undertake to sign and e-ecute all such for#s& applications and
writings as #ay %e necessary for for#ation of co=operative society and also MAADA
undertakings and other papers reEuired %y the# under Sec DD.!0 or redevelop#ent sche#e,
Also& )6:e undertake to #ake the following deposits to the said Sangh 2

, 'he a#ount of Rs, ?&???6= towards appro-i#ate #aintenance charges for 3
#onths e-cluding FMC assess#ent ta-es,

3, 'he a#ount of Rs, 555555555556= towards deposit6e-penses for electricity #eter
connection %y FCS',

)6:e say that save and e-cept Flat No, 555 on 555 9oor& 55 :ing of the %uilding
;55555555555555< )6:e have no right& title and interest in the property, )6:e say that any
additional and e-tra FS) which #ay %e availa%le at any ti#e hereafter shall %elong to M6s,
8oo/eet Cnterprises and )6:e shall have no clai#s& any rights %ene@ts or interest whatsoever
therein, M6s, 8oo/eet Cnterprises shall have the full right& a%solute authority and unfettered
discretion to utiliLe and consu#e any additional FS) and 'DR for the purpose of e-tending
the %uilding thereon and6or for constructing any new and additional structures and 9oors
thereon and6or otherwise howsoever& as M6s, 8oo/eet Cnterprises #ay desire and dee# @t
and proper,

Signature

Na#e of 'enant
8lace 2 Mu#%ai
Date 2

:itness 2

,

3,

:=I9 7EB<<;<0: #ade at Mu#%ai this 555555 day of 55555555555 in the Christian 7ear 'wo
'housand 'hirteen .3?D0 FC':CCN 415 07CI0I J79=#70:C7C ?707?I7 and 425 0IC<9=
J79=#70:C7C ?707?I7 %oth of Mu#%ai )ndian )nha%itants residing at >I"=A& Dev=Ratna&
Fhagwandas Narotta#das Road& Matunga .Central Railway0& Mu#%ai I?? ?4 hereinafter
referred to as 6t+e D.ners8 .which e-pression shall unless it %e repugnant to the conte-t
or #eaning thereof %e dee#ed to #ean and include their respective heirs& e-ecutors and
ad#inistrators0 of the First 8art AND ?1 /7:<C N D1 /#:1 C:D1& a Co#pany duly
incorporated and registered under the provisions of Co#panies Act& 4>K and having its
registered oNce at A=?& Alaknanda& Anna Sahe% Vartak Marg& Forivli .:est0& Mu#%ai I??
?43& hereinafter referred to as 6t+e De%elo*ers8 .which e-pression shall unless it %e
repugnant to the conte-t or #eaning thereof %e dee#ed to #ean and include its successors
and assigns0 of the Second 8art AND ;7D=A?7B ;7E=79=F7; BA/JI of Mu#%ai )ndian
)nha%itant residing at Flat No, & 3
nd
Floor& ;Dev=Ratna< 8lot No, >I"=A& Fhagwandas
Narotta#das Road& Matunga .Central Railway0& Mu#%ai I?? ?4 hereinafter called 6t+e
:enant8 .which e-pression shall& unless it %e repugnant to the conte-t or #eaning thereof
%e dee#ed to #ean and include his heirs& e-ecutors and ad#inistrators0 of the 'hird 8art2
G = sEuare
yards or therea%outs eEuivalent to >"?,?4 sEuare #eters or therea%outs %eing 8lot No, >I"=
A of Dadar=Matunga Cstate of the Municipal Corporation of Breater Mu#%ai in the City and
)sland and Registration District and Su%=District of Mu#%ai City for#ing portion of the New
Survey No, "!3 and %earing Cadastral Survey No, !>3A6? of Matunga Division .hereinafter
referred to as Othe said plot of landO0 together with %uilding and structures standing thereon
and known as ODev=RatnaO .hereinafter referred to as Othe said FuildingO0 and unless referred
to individually the said plot of land and the said %uilding are hereinafter collectively %e
referred to as the said property which is #ore particularly descri%ed in
the 9=<DAC< hereunder writtenJ

F, 'he said Fuilding is a cessed Fuilding of SAS Brade speci@ed in Section "I of the
Maharashra Act No, QQV)) of 44! as constructed prior to 4I?, 'he said Fuilding consists of
ground plus three upper 9oors and a terrace thereon with a staircase roo# and two otlas
and an out%uilding of a ground 9oor alongwith two covered garages and has %een fully
occupied %y the 'enants, 'he said %uilding is in a dilapidated condition and carrying out
e-tensive repairs would neither %e feasi%le nor via%le and hence is in urgent need of
co#plete de#olition and reconstructionJ

ANNEX -AH B A C
C, 'he 'enant is one of the #onthly tenant in the said %uilding and is occupying
8re#ises No, on the 3
nd
9oor ad#easuring D>3,! sE, ft, .carpet area0 eEuivalent to
3>,K! sE, #trs, 'he 'enant is per#itted to park his four cars in the co#pound of the said
%uilding %y the +wners, As such 'enant& the 'enant pays to the +wners #onthly rent of
Rs,3D>6= inclusive of all ta-es and per#itted increases, 'he said pre#ises No, occupied %y
the 'enant is hereinafter for the %revitySs sake referred to as Othe tenanted pre#isesO, A
copy of the Rent Receipt& Ration Card and Voters Card of the 'enant are hereto anne-ed and
#arked as 700<@AB< 678& 700<@AB< 6!8 and 700<@AB< 68 respectivelyJ

D, 'he +wners are desirous of redeveloping the said property and for that purpose have
evolved a sche#e which inter alia includes tenants shifting to alternative acco##odation&
de#olishing the said %uilding ;Dev=Ratna< standing on the said plot of land and constructing
a new %uilding in accordance with the plans and speci@cations that shall %e approved and
sanctioned %y the Municipal Corporation of Breater Mu#%ai and providing to the tenants
per#anent acco##odation free of cost in the new %uildingJ

C, )n the aforesaid %ackground& the +wners were looking out for reputed and
e-perienced property developers who could %e entrusted with the work of redevelop#ent of
the said property as the +wners do not have the e-pertise& resources and infrastructure to
de#olish and reconstruct a new %uilding on the said plot of land, Aence& pursuant to the
negotiations %etween the +wners and the Developers regarding the redevelop#ent of the
said property an agree#ent is arrived at %etween the +wners and the Developers %y which&
the Developers have agreed to redevelop the sa#e %y de#olishing the %uilding ;Dev=
Ratna<& tenants shifting to the alternative acco##odation and thereafter providing the#
with the per#anent acco##odation in the redeveloped %uilding on ownership %asis free of
cost as stated hereinJ

F, 'he +wners have reEuested the 'enants which includes 'enant herein to vacate and
hand over vacant and peaceful possession of his tenanted pre#ises in the #anner setout
herein and pursuant to negotiations %etween the +wners& the Developers and the 'enant&
the 'enant herein has agreed to vacate and surrender to the +wners his tenanted pre#ises
upon the Developers agreeing to provide to the 'enant in lieu thereof two per#anent
alternative acco##odation on ownership %asis each ad#easuring I?K,"> sE, ft, carpet
area .which includes >I,I sE, ft, additional area0 and K>,3! sE, ft, carpet area on !
th
9oor
and "
th
9oor respectively in the new %uilding to %e constructed on the said plot of land
together with e-clusive right to use four car parking spaces set out hereunder and on such
other ter#s and conditions contained in this Agree#entJ

B, All the 'enants in the said %uilding including the 'enant herein have agreed in
principle to accept the Sche#e& vacate the e-isting tenanted pre#ises and accept
per#anent alternative acco##odation in the new %uilding to %e constructed %y the
Developers on the said plot of land on ownership %asis in lieu of their respective e-isting
tenanted pre#isesJ

A, After negotiations %etween the parties hereto the following agree#ent has %een
arrived at and the parties hereto are desirous of recording the ter#s and conditions #utually
agreed %etween the# as hereinafter appearing,

:=< /7B:I<9 =<B<:D 79 $DCCDG9 H

, 'he recitals stated hereina%ove for# the integral part of this Agree#ent as if the
sa#e are incorporated herein ver%ati#, +%ligations of the Developers hereunder shall
%eco#e operative and eTective duly upon and after all the 'enants enter into si#ilar
agree#ents and will %e su%/ect to all the 'enants handing over vacant possession as
provided herein,

3, 'he +wners agree& con@r# and declare that the 'enant is a #onthly tenant in
respect of 8re#ises No, on the 3
nd
9oor in the %uilding known as ODev=RatnaO ad#easuring
D>3,! sE, ft, .carpet area0 eEuivalent to 3>,K! sE, #trs, .hereinafter referred to as ;the
tenanted pre#ises<0 paying therefore a #onthly rent of Rs,3D>6= inclusive of all ta-es and
per#itted increases,

D, 'he +wners shall cause the Developers to construct a %uilding consisting of stilt&
podiu# plus such 9oors as #ay %e per#issi%le and possi%le on the said plot of land& a
portion of which shall %e for the purpose inter alia of granting or providing free of cost
per#anent acco##odation to the 'enant on what is popularly known as ownership %asis
therein, 'he said new %uilding shall %e constructed in accordance with the plans which will
%e su%#itted to the Municipal Corporation of Breater Mu#%ai for scrutiny and approval and
the sa#e having duly sanctioned %y the Municipal Corporation of Breater Mu#%ai and in
accordance with provisions and rules fra#ed %y MAADA .Maharashtra Aousing and Area
Develop#ent Authority0, 'he Developers here%y further agree to o%serve& perfor# and
co#ply with the ter#s& conditions and stipulations if any which #ay %e i#posed %y the local
authorities and shall carry out the develop#ent work strictly in accordance with the law,
Final true copy of the Municipal Sanctioned 8lan in connection with 'enantGs new pre#ises
should %e su%#itted to the 'enant within reasona%le ti#e and should for# an integral part
of this Agree#ent,

ANNEX- E
ANNEX-D
ANNEX-D-:
I, )n consideration of the 'enant accepting the sche#e of develop#ent and agreeing to
vacate the tenanted pre#ises in the #anner set out herein& the Developers agree to allot to
the 'enant in lieu of his e-isting tenanted pre#ises two per#anent alternative
acco##odation on ownership %asis each ad#easuring I?K,"> sE, ft, carpet area .which
includes >I,I sE, ft, additional area0 and K>,3! sE, ft, carpet area on !
th
9oor and "
th
9oor
respectively in the new %uilding to %e constructed on the said plot of land together with
e-clusive right to the use of two open car parking spaces in the proposed new %uilding along
with right to use two car parking spaces in the podiu# of the proposed new %uilding .in
aggregate four car parking spaces0 to the 'enant a%solutely free of cost .unless referred to
individually the new 9at together with e-clusive rights to four car parkings to %e allotted to
the 'enant are hereinafter for the sake of %revity %e referred to as Othe said new pre#isesO0,
'he tentative /C70 of the said 9at to %e allotted in the proposed new %uilding is hereto
anne-ed and #arked as 700<@AB< 6D8 and the tentative plan of the car parkings to %e
allotted in the proposed new %uilding to the 'enant is hereto anne-ed and #arked
as 700<@AB< D"18, )t is agreed that the >I,I sE, ft, carpet area on !
th
Floor and K>,3!
sE, ft, carpet area on "
th
Floor is additional incentive area and is to %e reckoned as
actual6clear carpet area , 'he said new pre#ises shall %e furnished with a#enities to the
'enant free of costs as per the list of a#enities which is anne-ed hereto and #arked
as 700<@AB< 6<8,

Jitenhai to fill,up the amount
>, As per the approved sanctioned plan there #ight %e diNculties in allotting e-act
>I,I sE, ft, carpet area on !
th
Floor and K>,3! sE, ft, carpet area on "
th
Floor %eing the
additional carpet area %y the Developers to the 'enant, 'herefore& addition and6or #inus 3W
of such additional carpet area is accepta%le to the 'enant herein, Aowever& the area which
would %e allotted if turned out to %e less than 3W for any reason or #ore than 3W as agreed
hereina%ove& then such less or #ore area will %e charged6paid 1 Rs,555555556= .Rupees
55555555555555555555555555555 only0 per sE, ft, carpet %y 'enant6 Developers as the case #ay
%e, For the diTerence upto 3W nothing shall %e paya%le or receiva%le %y either to the other,

K, 'he +wners here%y agree and declare that they are the a%solute +wners of the said
property and that they have not created any charge or encu#%rance thereon, 'he +wners
further declare that their title to the said property is clear #arketa%le and free fro#
in the #anner set out in this Agree#ent,

!, 'he +wners and the Developers have %een infor#ed %y the 'enant that the 'enant
does not have any other acco##odation in Mu#%ai and as such the 'enant will reEuire a
per#anent acco##odation within a stipulated ti#e as provided in these presents
hereinafter, )t is e-pressly agreed that under no circu#stances& e-cept if otherwise reEuired
%y the 'enant& shall the Developers and the +wners allot or transfer to any outsider .person
who is not a 'enant in ;Dev=Ratna<0& the said new pre#ises ear#arked for the 'enant and
possession thereof shall %e given to the 'enant or his No#inee duly no#inated as set out in
this Agree#ent,

", )t is here%y agreed %y and %etween the parties hereto that the +wners6Developers
shall not provide any te#porary alternate acco##odation to the 'enant and the 'enant shall
#ake his own arrange#ents, Aowever& in order to ena%le the 'enant to shift fro# the
tenanted pre#ises the Developers have agreed that 2

.i0 they shall pay to the 'enant a su# of Rs,&?&I>D,3>6= .Rupees +ne (ac +ne
'housand Four Aundred Fifty 'hree and 'wenty Five 8aise only0 per #onth calculated 1
Rs,!>6= per sE, ft, of the carpet area of the e-isting tenanted pre#ises occupied %y the
'enant in the #anner provided herein%elowJ

.ii0 'he Developers have agreed that at the ti#e of the 'enant vacating the e-isting
tenanted pre#ises& they shall hand over a cheEue for the su# of Rs,3&!&ID46= .Rupees
'welve (acs Seventeen 'housand Four Aundred 'hirty Nine only0 for the 'enantGs te#porary
alternative acco##odation of the 'enantGs choice for the period of @rst 3 #onths .i,e,
&?&I>D,3> #onthly rent - 3 #onths ` 3&!&ID46=0 and one cheEue for an a#ount of
Rs,&?&I>D,3>6= .Rupees +ne (ac +ne 'housand Four Aundred Fifty 'hree and 'wenty Five
8aise only0 on account of one #onth rent towards %rokerageJ

.iii0 'he Developers have agreed that in the 3
th
#onth& it shall again give a cheEue for
the su# of Rs,3&!&ID46= .Rupees 'welve (acs Seventeen 'housand Four Aundred 'hirty
Nine only0 for the 'enantGs te#porary alternative acco##odation for further period of 3
#onths i,e, in all 3I #onthsJ

.iv0 )t is agreed that the parties hereto will review the progress of construction in the last
week of 3I
th
#onth fro# the date of the 'enant having vacated his e-iting tenanted
pre#ises and if construction work is likely to %e delayed %eyond 3I #onths and there%y the
Developers oTering the per#anent acco##odation of the 'enantGs said new pre#ises later
than the aforesaid period of 3I #onths than the Developers will su%/ect to Clause .iii0
herein continue to pay the said su# of Rs,&?&I>D,3>6= .Rupees +ne (ac +ne 'housand Four
Aundred Fifty 'hree and 'wenty Five 8aise only0 with ?W increase in the said a#ount of
Rs,&?&I>D,3>6= i,e, an a#ount of Rs,&&>4",>!6= .Rupees +ne (ac Cleven 'housand Five
Aundred Ninety Cight and Fifty Seven 8aise only0 per #onth for the period %eyond 3I
#onths till the 'enant is oTered possession of the said new pre#ises, )n the event& however&
the Developers oTer possession of the duly co#pleted said new pre#ises earlier than what
is agreed hereina%ove& then the 'enant will pay%ack6refund to the Developers& the su#s in
e-cess paid to the 'enant %y the Developers on account of such te#porary acco##odation
on or prior to %eing put in possession of the per#anent alternate acco##odationJ

.v0 it shall %e the sole responsi%ility and o%ligation of the Developers to get the furniture
goods and %elongings of the 'enant shifted fro# his te#porary alternative acco##odation
to his said new pre#ises in the new %uilding on its construction and co#pletion, 'he 'enant
shall engage a recogniLed professional agency of #overs and packers to ena%le the 'enant
to shift his %elongings to the te#porary alternative acco##odation and shift therefro# to
the said new pre#ises, 'he costs charges and e-penses of such agency shall %e %orne and
paid %y the Developers to the e-tent of Rs,3?&???6=, 'he Developers shall however not %e
responsi%le and lia%le for the handling and6or safety of the furniture and personal %elongings
of 'enant during such transit periodJ

.vi0 that as part of the condition for the 'enant agreeing to vacate and surrender his
e-isting tenanted pre#ises as herein provided have agreed to pay to the 'enant herein the
a#ount of Rs,>&3?&!"!,ID6= .Rupees Fifteen (acs 'wenty 'housand Seven Aundred Cighty
Seven and Forty 'hree 8aise only0 .which has %een calculated on the %asis of a total
lu#psu# a#ount of Rs,!>&??&???6= .Rupees Seventy Five (acs only0 to %e paid6divided6
distri%uted %etween the +wners and the 'enants on the %asis of the area occupied %y each
of the# respectively in the e-isting %uilding0 as and %y way of co#pensation for the
dislocation& hardship and inconvenience to the 'enant during the period of such
redevelop#ent and also to #eet the increased costs and e-penses that the 'enant #ay
have to incur on account of the 8er#anent Alternate Acco##odation i,e, the said new
pre#ises agreed to %e allotted to the 'enant in the said new %uilding, 'he said a#ount
of,Rs,>&3?&!"!,ID6= .Rupees Fifteen (acs 'wenty 'housand Seven Aundred Cighty Seven
and Forty 'hree 8aise only0 will %e paid to the 'enant at the ti#e of the 'enant taking
possession of his said new pre#ises in the proposed new %uilding,

4, 'he 'enant shall vacate and handover peaceful vacant possession of this tenanted
pre#ises within D? days fro# the Developers o%taining )+D for the proposed new
construction fro# the Municipal Corporation of Breater Mu#%ai& ti#e %eing of the essence
and not %efore that,

?, During the period in which the 'enant occupies the te#porary acco##odation& his
tenancy in the tenanted pre#ises shall continue to su%sist till such ti#e he is put in
possession of the said new pre#ises, Accordingly it is agreed that the 'enant shall continue
to pay the #onthly rent of Rs,3D>6= to the +wners including all ta-es in respect of the
tenanted pre#ises presently occupied %y hi# in the said %uilding, )t is further agreed
%etween the parties hereto that the +wners in turn shall handover the said a#ounts
recovered %y the# to the Developers till the ti#e& possession of the new pre#ises is oTered
%y the Developers to the 'enant, )t is further clari@ed that the tenancy rights of the 'enant in
respect of the e-isting tenanted pre#ises shall %e dee#ed to have %een and stand
surrendered only against possession of the said new pre#ises %eing granted to hi# %y the
Developers,
, So far as handing over the said new pre#ises to the 'enant is concerned& the
Developers declare that 2
.i0 su%/ect to the act of Bod& viL, force #a/eure and6or Act +f State and other
circu#stances %eyond the control the Developers including change in D,C, Rules aTecting
the said construction and develop#ent on the said property& the Developers will co#plete
construction of the new %uilding on the said plot of land and shall hand over Euiet& vacant
and peaceful possession of the said new pre#ises in the newly constructed %uilding to the
'enant within a period of 3I #onths .with a grace period of K .si-0 #onths i,e, in all D?
#onths0 fro# the date of receipt of Co##ence#ent Certi@cate .C,C,0 fro# the Municipal
Corporation of Breater Mu#%ai, 'he Developers shall ensure that when possession is oTered
to the 'enant the Developers have o%tained part6 full +ccupation Certi@cate fro# the
Municipal Corporation of Breater Mu#%ai and the Fuilding is co#plete in all respect
including a#enities with water connection as per Section 3!?A of the FMC Act and electricity
connection in the new %uilding is given %y the Developers to the 'enant, )f& su%/ect to what
is stated a%ove& the Developers do not co#plete the construction within the said period of
D? #onths .actual period ] grace period0 then& the Developers shall %e lia%le to and %ind
the#selves to %ear and pay liEuidated da#ages @-ed at Rs,4>&4I6= .Rupees Ninety Five
'housand +ne Aundred Ninety Four only0 per #onth of delay or part thereof which is
considered reasona%le %y the parties hereto and the sa#e will %e paid %y the Developers to
the 'enant every #onth till the Developers oTer to handover possession of 'enantGs said
new pre#ises duly co#pleted in all respects as provided in this present to the 'enant, )t is
however& agreed and understood %etween the parties hereto that while calculating the said
period of D? #onths& anyti#e lost on account of @re& earthEuake& 9ood& war& act of god&
shortage in supply of %uilding #aterials& orders of restrained or in/unction passed %y any
Court or other Co#petent Authority or any other force #a/eure or condition or any change in
D, C, Rules or any accident on site of work %eyond the control of the Developers shall %e
e-cludedJ

.ii0 without pre/udice to what is stated hereina%ove& it is further agreed that in the
event of the Developers failing to co#plete the entire construction and develop#ent within
D? .thirty0 #onths fro# the date of receipt of the Co##ence#ent Certi@cate .actual period
] grace period 0 and thereafter even for K additional #onths after e-piry of D? #onths save
for any force #a/eure or act of state or any reason %eyond the control of the Developers&
then upon e-piry of the DK
th
.thirty si-th0 #onth& the 'enant along with other 'enants and
the +wners shall %e entitled to co#plete the construction and develop#ent of the proposed
new %uilding either the#selves or through another Developers or agency or %ody at the
costs of the Developers after giving D? days notice to the Developers, )n such case the
+wners will after consulting all the tenants appoint and choose new Developers6
Agency6Fody of their choice for doing inco#plete redevelop#ent and hand over area agreed
herein to the 'enant, )n such an event the Developers herein will cease to have any right&
title& interest& clai# or de#and against the +wners& tenants and the said property and the
Developers herein and its agent shall not enter upon the said property for any reason
whatsoever and the Developers herein shall %e solely lia%le& responsi%le and accounta%le to
the +wners and the 'enants for all the conseEuences civil and cri#inal arising therefro# and
for pay#ents for all the losses& da#ages& costs& interest& penalties& @nes etc as the case #ay
%e +wners and the 'enants e-pending such cost shall %e entitled to rei#%urse the# fro#
the outstanding recoveries fro# the said pro/ect or un=allotted free sale areas of the
DevelopersJ

.iii0 in the event of delay in handing over possession of the said new pre#ises to the
'enant within D? #onths .actual period ] grace period0 fro# the receipt of Co##ence#ent
Certi@cate as provided hereina%ove& the Developers will continue to pay to the 'enant
co#pensation @-ed for 'enantGs te#porarily acco##odation per #onth till the co#pletion of
the new %uilding in all respects and till the ti#e& the Developers oTer to hand over
possession of the said new pre#ises to the 'enant& provided DK #onths have elapsed fro#
the date of receipt of Co##ence#ent Certi@cate and the +wners and the 'enant have not
e-ercised their option to ter#inate the right of the Developers to redevelop the said
propertyJ

.iv0 'he Developer shall %e dee#ed to have co#plied with its o%ligation to provide
per#anent alternate acco##odation to the 'enant upon oTering in writing possession
thereof to the 'enant and upon the 'enant accepting the sa#e or upon e-piry of > days
fro# such oTer& irrespective of whether 'enant avails of the said oTer and the lia%ility of the
Developers to pay #onthly co#pensation to the 'enant for te#porary acco##odation shall
cease on e-piry of > days fro# the date of the Developers oTering possession of the said
new pre#ises to the 'enant or on the 'enant accepting possession of the said new pre#ises
whichever is earlier,

3, 'he Developers agree& declare and con@r# that the develop#ent of the said
property shall %e undertaken %y the# at their own risk& costs and conseEuences, Further&
the Developers agree to %ear all ta-es& levies and #onetary pay#ent if any to the local
authorities in respect of the said new pre#ises to %e allotted to the 'enant& fro# the ti#e of
the start of de#olition of the e-isting %uilding till possession of the said new pre#ises is
oTered %y the Developers to the 'enant, 'he 'enant shall not %e reEuired to contri%ute any
of the aforesaid ta-es and levies relating to the said new pre#ises and the construction
thereof during such period, 'he Developers shall keep the 'enant inde#ni@ed against non
pay#ent of ta-es& during the period of construction till the said new pre#ises is oTered to
the 'enant, Aowever& thereafter as provided in Clause 3K hereinafter all the ta-es& outgoings
and other charges relating to the said new pre#ises will %e %orne and paid %y the 'enant
alone,
D, 'he Developers represent and assure the 'enant and the +wners that the proposed
new %uilding will %e %uilt using #aterials of good Euality,
I, 'he 'enant here%y declares& represents and agrees with the +wners and the
Developers that2

.a0 he .along with the #e#%ers of his fa#ily under hi#0 is in e-clusive use& occupation
and possession of the tenanted pre#ises and no one e-cept hi#self has any right title or
interest of any nature whatsoever in the tenanted pre#ises and that he has not created any
third party right therein or parted with possession of the sa#e to any third party or created
any charge or encu#%rances of any nature whatsoever therein and that the 'enant is free
and entitled to enter into and i#ple#ent this Agree#entJ

.%0 if any clai# is #ade %y anyone clai#ing %y under or through hi# to the tenanted
pre#ises and therefore to the said new pre#ises agreed to %e granted to the 'enant in lieu
and stead thereof in the proposed new %uilding& he will keep the Developers and all persons
clai#ing %y under or through the# inde#ni@ed of fro# and against any such clai#s and
de#ands of such clai#ant6s and also fro# and against all costs charges and e-penses& if
any& which the Developers #ay incur in the event of any such clai#ant6s adopting
proceeding or taking steps to enforce his6her clai# as aforesaidJ

.c0 the 'enant is not prohi%ited fro# dealing with& disposing of& entering into this
Agree#ent in respect of the tenanted pre#ises or any part thereof %y )nco#e 'a- or any
other Authority or in any other #anner and that there is no i#pedi#ent in law to the 'enant
entering into and i#ple#enting this Agree#entJ

.d0 the 'enant has not created any encu#%rance& #ortgage& lien& ease#ent& lease& leave
and licence& assign#ent or any third party right into over or upon the tenanted pre#ises or
any part thereof nor is the tenanted pre#ises the su%/ect #atter of any dispute& suit or
proceeding or attach#ent %efore or after /udge#ent and the tenanted pre#ises is not
su%/ect to any lispendenceJ

or otherwise howsoever in respect of the tenanted pre#ises or of any part thereof in favour
howsoever concerning or aTecting the tenanted pre#isesJ

.f0 during the period of construction he shall not charge& transfer& alienate& assign or
dispose of his tenancy and6or create third party rights of whatsoever nature in respect of the
tenanted pre#ises and6or the said new pre#ises to any person6s till the said pre#ises is
co#pleted and handed over to hi# %y the DevelopersJ

.g0 the said new pre#ises shall %e used for residential purpose only and the said car
parkings shall %e used for parking the vehicles onlyJ

.h0 he shall sign and e-ecute if so reEuired %y the Developer the usual agree#ent as
provided under the Maharashtra +wnership Flats .Regulation of 8ro#otion& Construction&
Sale and 'ransfer0& Act& 4KD and further agrees and undertakes to /oin the Co=operative
Aousing Society6 Condo#iniu#6Co#pany that will %e for#ed %y the occupants of 9ats in the
proposed new %uilding as #e#%er thereof and for that purpose sign all for#s& application
and other writings as #ay %e necessaryJ

.i0 he shall %efore occupying the said new pre#ises in the proposed new %uilding
deposit with the Developers share #oney of Rs,>?6= per share for > eEuity shares and
entrance fee of Rs,6= or such other a#ount as #ay %e prevailing thenJ

./0 he shall %e %ound %y all the rules& regulations and %ye=laws of the
Society6Condo#iniu#6Co#pany that #ay %e for#ed %y the 9at holders in future and fro#
the date on which the Developers oTer possession of the said new pre#ises to the 'enant as
provided in Clause 3K hereinafter& he shall pay the outgoings to the said Society in respect
of the said new pre#ises occupied %y hi#J

.k0 he shall e-tend full co=operation to the +wners and the Developers till the
construction of the new %uilding is co#plete and shall #ove into the new %uilding when the
entire %uilding with a#enities is ready for possession including the Developers o%taining
occupation certi@cate .part or full0 fro# the Municipal Corporation of Breater Mu#%ai for the
new %uilding and paying to the 'enant the su# of Rs,>&3?&!"!,ID6= .Rupees Fifteen (acs
'wenty 'housand Seven Aundred Cighty Seven and Forty 'hree 8aise only0 %eing the
a#ount paya%le as conte#plated in Clause ".vi0 of these presentsJ

.l0 the +wners and the Developers have relied upon these representations #ade %y the
'enant and have on the %asis thereof the Developers have agreed to provide to the 'enant
the said new pre#ises on ownership %asis free of costs in the proposed new %uilding,

>, )t is agreed %etween the parties hereto that this Agree#ent is su%/ect to and
contingent interalia upon the Developers %eing a%le to get the %uilding plans sanctioned
fro# the Municipal Corporation of Breater Mu#%ai and the relevant )+D in that %ehalf and if
for any reason whatsoever& not attri%uta%le to any act or o#ission of any party hereto& )+D
is not received& the +wners shall %e at li%erty to ter#inate right of the Developers to
redevelop the said property %y giving D? .thirty0 days written notice to the Developers after
e-piry of 4 #onths fro# the date %y which all the 'enants have entered into si#ilar
Agree#ents and the +wners shall inti#ate a%out the sa#e to the 'enant and neither party
shall thereafter have any clai# against the other arising out of the e-ecution of these
presents,

K, Ppon co#pletion of the new %uilding& the Developers shall put the 'enant to written
notice calling upon the 'enant to take possession of the said new pre#ises within > days
fro# the date of such notice, 'he 'enant shall within > days fro# the date of notice take
possession of the said new pre#ises, 'enant shall %e lia%le and responsi%le for all the
lia%ilities and conseEuences of delay or default in taking such possession,

!, )t is agreed that the Developers shall not allow any outsiders in the new %uilding to
occupy the 9at unless the tenants are @rst oTered possession of their respective pre#ises,

", 'he Developers shall not allot or sell co##on open space& staircase& and
speci@ed6designated co##on area in the new %uilding to any person6party and the sa#e
shall %e availa%le for the use of the #e#%ers of the proposed co=operative society6
condo#iniu#6co#pany of 9at owners in the new %uilding, Aowever& it is understood and
agreed that the terrace space in front of or ad/acent to the terrace 9ats in the said new
%uilding& if any& shall %elong e-clusively to the respective purchaser of the terrace 9at and
such terrace spaces are intended for the e-clusive use of the respective terrace Flat
8urchasers, 'he 'enant herein accepts that he shall not %e entitled to clai# any right& title
or interest whether %y way of ease#ent or otherwise into or upon the said 'errace space
allotted e-clusively to any Flat 8urchaser,

4, 'he Developers shall %e at li%erty and entitled to co#plete any portion69oor of the
said new %uilding and apply for and o%tain part=+ccupation Certi@cate therefore and in such
event& however& if the 'enant takes possession of the said new pre#ises in such part
co#pleted portion69oor and the re#aining work is carried on %y the Developers or their
agents or contractors& the 'enant will not o%struct or o%/ect to the carrying on of such works
even if the sa#e shall cause any nuisance or annoyance to hi#,

3?, )t is agreed that for a period of 3 years fro# the date of receipt of +ccupation
Certi@cate in respect of the new %uilding& the Developers shall give a defect lia%ility
guarantee regarding construction and work#anship to the 'enant for 3 nor#al #onsoons,
'his defect lia%ility guarantee shall cover the cost of repair work& leakage through water
pipes& faulty drainage water proo@ng and electrical and plu#%ing works,

3, 'he Developers have infor#ed the 8urchased that there #ay %e changes& additions
and alterations in the plans presently prepared fro# ti#e to ti#e without however
pre/udicially aTecting said new pre#ises to %e allotted to the 'enant in ter#s hereof and the
Developers shall %e free and entitled to #ake additions& alterations and a#end#ents to the
new %uilding in accordance with law provided the carpet area of the said new pre#ises to %e
allotted to the 'enant is not changed in any #anner whatsoever and the 'enant here%y
irrevoca%ly consent to the sa#e,

Tenant to fill,up the lan-
33, 'he Developers agree and undertake to deliver possession of per#anent alternate
acco##odation i,e, the said new pre#ises to the 'enantSs no#inee .as stated herein after0
in the unfortunate event of the death of 'enant after e-ecution of this agree#ent and %efore
the delivery of possession of the said new pre#ises, )t is here%y agreed %etween all the
parties herewith that the no#inated legal representative6heir of such deceased tenant will
%e entitled to the %ene@ts and perfor#ance of the agree#ent, 'he 'enant here%y no#inates
55555555555 as his no#inee to receive possession of the said new pre#ises fro# the
Developers in the unfortunate event of his death, 'he Developers shall discharge their
responsi%ility of delivering the said new pre#ises to such no#inee and shall not insist upon
inde#nity %ond inde#nifying the Developers against any counter clai# #ade %y any
person6persons clai#ing lawfully or eEuita%ly through the deceased 'enant,

3D, 'he 'enant shall #ake& sign forthwith and whenever reEuired and e-ecute all
necessary letters& declarations& undertakings and other writings in the for#at as prescri%ed
%y the relevant Authority and also furnish all necessary docu#ents such as rent=receipt&
ration card& electricity %ill& photographs or any other docu#ent as #ay %e reEuired %y the
Developers to %e su%#itted to the Municipal Corporation of Frihan Mu#%ai& MAADA& FAADA
and other authorities for the proposed redevelop#ent of the said property as per#itted
under the Develop#ent Control Regulations& 44 and shall also& if reEuired& present
hi#self6herself %efore the concerned authorities,

3I, 'his Agree#ent %etween the parties is and shall %e treated as non retracta%le ;no
o%/ection< and6or ;irrevoca%le consent< of the 'enant for the redevelop#ent of the said
property and accordingly the Developers shall %e entitled to produce this Agree#ent %efore
all concerned authorities,

3>, 'he Developers shall at their cost cause to %e registered a Co= operative Aousing
Society6Condo#iniu#6Co#pany within a period of si- #onths fro# the date the new %uilding
is fully constructed, 'he 'enant shall pay Rs,3>?6= towards share capital and Rs, 6=
towards entrance fees or such a#ounts on then prevailing and shall sign the necessary
declaration for#.s0 as #ay %e reEuired, All the 'enants will %e ad#itted to the #e#%ership
of the Co=operative Aousing Society or Condo#iniu# or Co#pany or any other co##on
organisation of 9at holders of the new %uilding that #ay %e for#ed and allotted shares
therein in respect of the said new pre#ises agreed to %e allotted to the# on ownership %asis
%y way of 8er#anent Alternate Acco##odation as a%ove #entioned and the 'enant here%y
agrees to pay #onthly contri%ution in respect of the said per#anent alternate
acco##odation i,e, the said new pre#ises occupied %y hi# to the Developers or the Co=
operative Society& Condo#iniu# or Co#pany #anaging the said property co#prising of the
actual #unicipal ta- paya%le in respect of the said new pre#ises and a proportionate share
in all other outgoings as #ay %e @-ed fro# ti#e to ti#e %y the Developers or the person in
charge and #anage#ent of the said new %uilding and6or such society and as #ay %e
charged to other pre#ises purchasers in the said new %uilding ,

3K, )t is further agreed %etween the parties hereto that irrespective of whether or not the
'enant takes possession of the said new pre#ises agreed to %e granted to hi#& the 'enant
shall %e lia%le to pay the #unicipal ta-es and all other outgoings& as the case #ay %e& in
respect thereof to the Developers for the period fro# the date on which the Developers oTer
possession thereof to the 'enant,

3!, )t is agreed that once the 'enant takes possession of the said new pre#ises& he will
%e at li%erty to sell and transfer the said new pre#ises to any person6party of his choice
after o%taining written consent for the sa#e fro# the Developers and after the society6
condo#iniu#6co#pany is registered then fro# such society6 condo#iniu#6co#pany as the
case #ay %e,

3", 'he parties hereto agree and undertake to co#plete their respective o%ligations in
accordance with these presents, 'he Developers shall not sell& assign& transfer or otherwise
deal with the %ene@ts of this Agree#ent,

34, 'he 'enant declares and con@r#s that he has e-ecuted these presents on his own
free will and accord without any coercion or undue in9uence of whatsoever nature,

D?, Sta#p duty and registration charges paya%le in respect of these presents and any
agree#ent if reEuired %y the Developers to %e e-ecuted for Alternate 8er#anent
Acco##odation and all other deeds& docu#ents and writings to %e e-ecuted in pursuance
hereof shall %e %orne and paid %y the Developers alone, Aowever& save and e-cept sta#p
duty and registration charges& if any& Service 'a-& VA' or any other ta- is paya%le in
pursuance hereof& then the sa#e shall %e %orne and paid %y the 'enant alone,

D, 'his Agree#ent is su%/ect to the provisions of the MAADA Act and Rules Fra#ed
there under,

D3, 'he )nco#e 'a- 8AN6B)R nu#%er of the parties hereto is as under2

Name PAN No.
2alini Fashvantlal Banakia
2ilesh Fashvantlal Banakia
B. Patel J (o. Pvt. Atd.
5adhukar 5aghashyam )up3i


:=< 9=<DAC< 7!D#< B<$<BB<D :D

All that piece of land containing an area of si- hundred and ninety three deci#al seventy
@ve .K4D,!>0 sE, yds, or therea%outs eEuivalent to >"?,?4 sE, #trs, or therea%outs situate
on and %eing 8lot No, >I"A of the Dadar Matunga Cstate of the Corporation in the City and
)sland and Su%=Registration District of Fo#%ay for#ing portion of the New Survey No, "!3
and %ears Cadastral Survey No, !>3A6? of Matunga Division together with the %uilding
standing thereon and known as ;Dev Ratna< assessed %y the Assessor and Collector of
Municipal Rates and 'a-es under F :ard No, !?DI.30 Street No, D? and %ounded as followsJ

+n or %efore North Cast 2 %y 8lot No, >I"D of the said Cstate leased to
Mhi#/i 'e/oo Maya and anotherJ

+n or %efore the South Cast 2 %y 8lot No, >I"F of the said Cstate leased to J, B,
8atki and anotherJ

+n or towards the South :est 2 %y si-ty feet roadJ

+n or towards the North :est 2 %y 8lot No, >I" of the said Cstate leased to D, B,
Mhaisalkar,

415 07CI0I J79=#70:C7C ?707?I7 0
425 0IC<9= J79=#70:C7C ?707?I7 0

?1 /7:<C N D1 /#:1 C:D1 0
through its duly Authorised Director 0
Mr, Birish 8atel 0

;7D=A?7B ;7E=79=F7; BA/JI 0
in the presence of, 0

D7:<D :=I9 D7F D$ 2013

07CI0I J79=#70:C7C ?707?I7 N 70B1
,, +wners
AND

?1 /7:<C N D1 /#:1 C:D1
U Developers

'+

;7D=A?7B ;7E=79=F7; BA/JI
,,, 'enant

7EB<<;<0: $DB /<B;70<0: 7C:<B07:I#< 7D;;DD7:ID0

97;IB 970E=7#I N D1
463& Aa#a# Street&

7B:IC<9 D$ 7EB<<;<0:

'AC 7B:IC<9 D$ 7EB<<;<0: #ade at Mu#%ai this 555 day 55555555555 in the Christian
7ear 'wo 'housand and 'en .3??0 FC':CCN 9A09=I0< B<7C:DB9 /BI#7:< CI;I:<D& a
private li#ited Co#pany incorporated under the provisions of the Co#panies Act& 4>K and
having its registered oNce at Bround Floor& Chandra Villa& Near Shivsagar Aotel& Nehru
Road& Vile 8arle .Cast0& Mu#%ai I???>!& hereinafter referred to as 6t+e
De%elo*ers8 .which e-pression shall unless it %e repugnant to the conte-t and #eaning
thereof dee# to #ean and include its successors=in=title and assigns0 of the First 8art
AND ;B1J;B91J;Js155555555555555555555 of Mu#%ai& )ndian )nha%itant& residing
at55555555555555555555555555555555555555555555555555555555555555555555555555hereinafter
called 6t+e ;emberJs8 .which e-pression shall unless it %e repugnant to the conte-t or
ad#inistrators and assigns0 of the Second 8art and ;a+a 7nand D"D/<B7:I#<
=DA9I0E 9DI<:F CI;I:<D& a Society registered under the provisions of the Maharashtra
Co=operative Societies Act& 4K? under Registration No, F+M6:=Me6ASB6 .'C06 >43D of 44=
443 and having its registered oNce at 8lot No, IK!& '8S )V& ALad Road& Vile 8arle Cast&
Mu#%ai I???>!& hereinafter referred to as 6t+e 9ociety8 .which e-pression shall unless it
%e repugnant to the conte-t and #eaning thereof dee# to #ean and include its successors
and assigns0 of the 'hird 8art2

G=<B<79 H

A, Fy and under the Deed of Conveyance dated "
th
Dece#%er& 44! #ade and
e-ecuted %etween Jitendraku#ar alias Jugalchand 8hoolchand 8atni alias J,8,8atni as ;the
Vendor< of the First 8art& M6s Vi/aya (a-#i Constructions as ;the Con@r#ing 8arty< of the
Second 8art and the Society herein of the 'hird 8art and registered in the oNce of the Su%=
Registrar of Assurances under serial No, >I of 44"& the Society herein has %eco#e seiLed
and possessed of or otherwise well and suNciently entitled to all that piece or parcel of land
or ground& heredita#ents and pre#ises %earing original plot No, I>" and Final 8lot No, IK!
ad#easuring a%out K43 sEuare #eters situated lying and %eing at ALad Road& 'own
8lanning Sche#e No, V& Vile 8arle Cast& Mu#%ai together with the %uilding known as
;Anand< .;the said %uilding<0 and #ore particularly descri%ed in the First Schedule
hereunder written and delineated on the 8lan thereof hereto #arked as 7nnexure I7I and
thereon shown surrounded %y red colour %oundary line .hereinafter referred to as 6t+e said
*ro*erty80J

F, 'he said property is co#prising of land and %uilding of ground plus three upper 9oors
of total %uilt up area of 4I4,> sEuare feet eEuivalent to "II> sE, ft, carpet area divided
into > residential 9ats, 'he said %uilding known as ;Anand< on the said plot of land was
constructed in the year 4KI and has %een in a dilapidated condition and reEuires heavy
repairsJ

C, 'he Society has pursuant to its resolution passed %y it in the Special Beneral Fody
Meeting in that respect decided to redevelop the said property %y de#olishing the e-isting
%uilding ;Anand< and reconstructing a new %uilding thereon,

D, Fy and under a Develop#ent Agree#ent dated ?
th
April& 3??4 .hereinafter referred
to as ;the said Develop#ent Agree#ent<0 duly registered with the Su%=Registrar of
Assurances at Mu#%ai under Serial No, FDR=>6?D4>!63??4 and #ade and e-ecuted
%etween the Society herein& therein referred to as ;the +wner Society< of the First 8art and
.0 N$A $uality Syste#s Registrar .)0 (td and I others& therein referred to as ;the share
holder #e#%ers< of the Second 8art and the Developers herein& therein also referred to as
<Developers< of the 'hird 8art& the Society has with the consent and con@r#ation of its
#e#%ers granted the develop#ent rights of the said property in favour of the Developers %y
de#olishing the e-isting %uilding known as <Anand< and constructing a new %uilding
thereon %y utiliLing the availa%le FS) as well as FS) %y way of 'DR under the Develop#ent
Control Regulations& for the consideration and upon the ter#s and conditions contained
thereinJ

C, 'he Developers are desirous of constructing a residential %uilding co#prising of stilt
on the ground 9oor and !.seven0 or #ore upper 9oors after de#olishing the then %uilding
OAnandO standing on the said property in accordance with the Fuilding rules and regulations
and %ye=laws of the MCBM and the provisions of the Develop#ent Control Regulations&
44& and such other laws& rules and regulations as #ay %e in force at present and6or at any
ti#e hereafter and also su%/ect to such ter#s and conditions as #ay %e i#posed %y the
State Bovern#ent or any other Co#petent Authority,
F, 'he Developers have got the plans& speci@cations& elevations& sections and details of
the proposed new %uilding sanctioned fro# the Municipal Corporation of Breater Mu#%ai
.MCBM0& for construction of a residential %uilding to %e known as OANANDO consisting of stilt
on the ground 9oor and !.seven0 or #ore upper 9oors .hereinafter referred to as Othe said
new %uildingO0 vide )nti#ation of Disapproval .),+,D,0 dated 3?
th
July& 3??4 %earing No,
CC64KK:S6AM and Co##ence#ent Certi@cate dated 3D
rd
Nove#%er& 3??4 %earing No,
CC64KK6:S6AM in respect of the said new %uilding, 'he copies of the aforesaid )+D and C,C,
in respect of the said new %uilding are hereto anne-ed and #arked as 700<@AB< 6!8 N
68 respectivelyJ

B, )n ter#s of the said Develop#ent Agree#ent& the Developers herein are reEuired to
construct and handover to the Society for its #e#%ers& > .@fteen0 residential 9ats to %e
allocated on the @rst to fourth 9oors alongwith open car=parking spaces in the proposed new
%uilding to %e known as ;ANAND< to %e constructed on the said property .hereinafter
referred to as It+e 9ocietyLs /remisesI0 and thereafter the Developers are a%solutely
entitled to independently %ook& allot& sell& transfer& lease& #ortgage and6or otherwise create
third party rights in respect of all the %alance constructed areas& 9ats6pre#ises& car=parking
spaces in stilt in favour of the prospective %uyer or Flat 8urchaser6s as the DevelopersG dee#
@t and proper .hereinafter referred to as It+e De%elo*erQs /remisesI0, Reference to the
Flat 8urchaser6s in this Agree#ent #eans purchasers of such pre#ises fro# and out of the
DeveloperGs 8re#ises J

A, 'he Developers have de#olished the said %uilding ;Anand< pursuant to the sanction
of the plans as the sa#e has %een already vacated %y all the #e#%ers of the Society with
their fa#ily #e#%ers& servants and personal %elongingsJ

),

'he Developers have entered into a prescri%ed Agree#ent with the Architect& M6s SEuare
Consultants& registered with the Council of Architects and also appointed Mr, Dwi/en J, Fhatt
the proposed new %uilding to %e constructed on the said property and the Me#%er6s
accept6s the professional supervision of the said Architect and the said structural Cngineer
till the co#pletion of the proposed new %uilding unless otherwise changedJ

J, 'he Me#%er6s is6are the registered #e#%er6s of the Society viL, Maha Anand Co=
operative Aousing Society (td,& a Society registered under the provisions of the Maharashtra
Co=operative Societies Act& 4K? under Registration No, F+M6:=Me6ASB6.'C06>43D +F 44=
443 and as such a #e#%er6s is6are holding > .@ve0 fully paid=up shares of Rs,>?6= each
%earing distinctive No, 555 to 5555 .%oth inclusive0 held under Share Certi@cate No, 555 of the
Society together with Flat No, 555 ad#easuring 55555 sE, ft, .carpet area0 on the 5555 9oor
.hereinafter referred to as ;the said e-isting pre#ises<0 in the %uilding known as ;Anand<
%elonging to the Society situate at 8lot No, IK!& '8S )V& ALad Road& Vile 8arle Cast& Mu#%ai
I???>!J

M, )n lieu of the Me#%er6s having handed over the Euiet& vacant and peaceful
possession of the said e-isting pre#ises to the Developers for de#olition and
redevelop#ent& the Developers shall allot to the Me#%er6s& free of cost on ownership %asis&
a new 9at& %eing Flat No, 55555555555 ad#easuring 55555555 sE, ft, carpet area on the 555555
9oor .hereinafter the 9at shall %e referred to as ;the said new pre#ises<0 of proposed new
%uilding to %e known as ;Maha Anand Co,op,Aousing Society (td,< .hereinafter referred to as
;the said new %uilding<0 to %e constructed on the said property and the parties hereto are
desirous of recording the sa#e in writing as hereinafter appearingJ

:=< /7B:I<9 =<B<:D 79 $DCCDG9H

, 'he recitals contained hereina%ove for# an integral and operative part of this

3, 'he Develop#ent Agree#ent dated ?
th
April& 3??4 46t+e said De%elo*ment
7greement80 e-ecuted %y the Society in favour of the Developers is valid and su%sisting
and the sa#e has not %een deter#ined ter#inated or cancelled,
D, 'he Developers shall develop the said property descri%ed in the Schedule hereunder
written& %y de#olishing the e-isting %uilding ;Anand< standing on the said property and
constructing a new residential %uilding thereon also to %e known as ;ANAND< consisting of
stilt on the ground 9oor and !.seven0 or #ore upper 9oors& with all the a#enities as set out
in Anne-ure ;)))< to the said Develop#ent Agree#ent and in accordance with the plans
sanctioned6a#ended6varied6altered %y the Municipal Corporation of Breater Fo#%ay fro#
ti#e to ti#e with the plans& designs& speci@cations approved %y the concerned local
authority and which have %een seen and approved %y the Me#%er6s with only such
variations and #odi@cations as the Developers #ay consider necessary or as #ay %e
reEuired %y the concerned authorities or Bovern#ent to %e #ade in the#, 'he Me#%er6s
here%y e-pressly consent6s to the Developers #aking variations or #odi@cations in the
aforesaid plans as they #ay dee# @t so long as the area of the said new pre#ises to %e
allotted to the Me#%er6s re#ains unchanged, 'he Developer6s shall not %e reEuired to take
any further per#ission of the Me#%er6s for the sa#e,

I, :ith a view to ena%le the Developers to re=develop the said property& the Me#%er6s
has6have vacated and delivered Euiet& vacant and peaceful possession of Flat No, 555
ad#easuring 55555 sE, ft, .carpet area0 on the 5555 9oor .hereinafter referred to as6t+e said
existing *remises80 in the %uilding then known as ;Anand< %elonging to the Society
situate at 8lot No, I>" and Final 8lot No, I>! situate at ALad Road& 'own 8lanning Sche#e
No, V& Vile 8arle Cast& Mu#%ai in favour of and unto the Developers and in lieu thereof& the
Developers have agreed to construct and hand over to the Me#%er6s free of cost on
ownership %asis& Flat No, 555 on the 555 9oor ad#easuring 5555 sE, ft, i,e, 555555 sE, #trs,
.carpet area0 eEuivalent to 55555 sE, ft, i,e, 5555 sE, #trs, .%uilt=up area0 .e-clusive of 9ower
%eds and drying area0 .hereinafter the new 9at and the car park shall %e referred to as 6t+e
said ne. *remises80 of the new %uilding to %e known as ;ANAND< to %e constructed on
the said property .hereinafter referred to as 6t+e said ne. building80 as detailed in the
proposed 9oor plan and car parking plan hereto anne-ed and #arked as 700<@AB<
618 and 700<@AB< 6178& respectively,

>, 'he Me#%er6s doth here%y declare6s that2

.i0 'he Me#%er6s is6are the owner6s of and as such is6are entitled to use& occupy& en/oy
and possess the said e-isting pre#ises %eing Flat No, 55555555 on the 55555 9oor
ad#easuring 5555555555 sE, ft, of carpet area in the e-isting %uilding and that he6she6they
is6are entitled to deal with and dispose of the sa#e as the H+wnerG thereof as he6she6they
#ay dee# @t and proper and are fully authoriLed to enter into this Agree#ent,

.ii0 'he Me#%er6s has6have not o%tained any loans and6or advances fro# any person or
person6s& %anks& @nancial institutional or any other third party %y pledging and6 or
#ortgaging the said e-isting pre#ises and6 or against any collateral security thereof,

.iii0 'he Me#%er6s is6are not restrained %y any +rder or )n/unction passed %y any Court
%efore or %y Judge#ent fro# any Court fro# selling and6or disposing of the said e-isting
pre#ises and6or entering into this Agree#ent,

.iv0 'he Me#%er6s is6are not prohi%ited fro# entering into this Agree#ent %y an +rder
passed %y any Bovern#ent and6 or Se#i Bovern#ent Authority and6 or is not su%/ect #atter
of any prohi%itory order and6 or litigation,

K, As per the ter#s of the said Develop#ent Agree#ent& the Developers have till date
paid the following a#ounts to the Me#%er6s 2

.i0 Rs, 555555555556= .Rupees 555555555555555555 only0 paid on or %efore e-ecution of
these presents as part co#pensation towards inconvenience caused during redevelop#ent
of the said propertyJ

.ii0 Rs,5555556= .Rupees 5555555555555555555 only0 paid on or %efore e-ecution of these
presents towards co#pensation to acEuire te#porary alternate acco##odation on leave
and license %asis for a period of 3I #onths at the rate of Rs, 3>6= per sE, foot of the e-isting
carpet areaJ and

.iii0 Rs, 3&???6= .Rupees 'welve 'housand only0 paid on or %efore e-ecution of these
presents towards rei#%urse#ent of the e-penses incurred for shifting to the te#porary
alternate acco##odation during the period of re=develop#ent,

.the receipt whereof the Me#%er6s doth here%y ad#it6s and acknowledge6s and discharge6s
the Developers fro# the pay#ent of the sa#e,0

!, 'he Me#%er6s is6are aware that the 9ats on or a%ove the >
th
9oor and all the car
parking spaces in the stilt on the ground 9oor of the said new %uilding %elong to the
Developers 8re#ises and the Developers have the sole right to allot& cancel allot#ent& re=
allot& transfer& sell& lease& grant leave and license& #ortgage or otherwise deal with the sa#e
in the #anner dee#ed @t and proper %y the#,

", 'he Developers shall after o%taining +ccupation Certi@cate fro# the MCBM
handover possession of the said new pre#ises on or %efore 555555555555 after giving a
written notice to the Me#%er6s oTering possession of the said new pre#ises in ter#s of the
said Develop#ent Agree#ent duly constructed and co#pleted with all a#enities as set out
in Anne-ure H)))G of the said Develop#ent Agree#ent, 8rovided Aowever& the Developers
shall %e entitled to reasona%le e-tension of ti#e for giving possession of the said pre#ises
to the Me#%er6s on account of the circu#stances #entioned hereunder2

.i0 war& civil co##otion or act of Bod aTecting the said propertyJ
Co#petent Authority aTecting the develop#ent in respect of the said propertyJ

4, 'he Me#%er6s for hi#self6herself6the#selves with intention to %ring all persons into
whosoever hand the said new pre#ises #ay co#e& doth here%y covenant6s with the
Developers as follows2

.a0 'o #aintain at the Me#%er6s own cost in good tenanta%le repair and condition fro#
the date of possession of the said new pre#ises is taken and shall not do or suTer to %e
done anything in or to the said new %uilding in which the said new pre#ises is situated or to
the staircase or any passages in the %uilding which #ay %e against the rules& regulations or
%ye=laws of the Society or concerned local or any other authority or change6alter or #ake
addition in or to the said new pre#ises itself or any part thereofJ

.%0 Not to store in the said new pre#ises any goods which are of haLardous& co#%usti%le
or dangerous nature or are so heavy as to da#age the construction or structure of the said
new %uilding in which the said new pre#ises is situated or storing of which goods is o%/ected
to %y the concerned local or other authority and shall not carry or cause to %e carried heavy
packages to upper 9oors which #ay da#age or likely to da#age the staircase& co##on
passages or any other structure of the said new %uilding in which the said new pre#ises is
situated& including entrances of the said new %uilding in which the said new pre#ises is
situated and in case any da#age is caused to the said new %uilding in which the said new
pre#ises is situated or to the said new pre#ises on account of negligence or default of the
Me#%er6s in this %ehalf& the Me#%er6s shall %e lia%le for the conseEuences of the %reachJ

.c0 'o carry at his6her6their own cost all internal repairs to the said new pre#ises and
#aintain the said new pre#ises in the sa#e condition& state and order in which it was
delivered %y the Developers to the Me#%er6s and shall not do or suTer to %e done anything
in or to the said new %uilding in which the said new pre#ises is situated or the said new
pre#ises which #ay %e against the rules and regulations and %ye=laws of the concerned
local authority or other pu%lic authority, And in the event of the Me#%er6s co##itting any
act in contravention of the a%ove provision& the Me#%er6s shall %e responsi%le and lia%le for
the conseEuence thereof to the Society& concerned local authority and6or pu%lic authorityJ

.d0 Not to de#olish or cause to %e de#olished the said new pre#ises or any part
thereof& nor at any ti#e #ake or cause to %e #ade any addition or alteration whatsoever in
or to the said new pre#ises or any part thereof& nor any alteration in the elevation and
outside colour sche#e of the %uilding in which the said new pre#ises is situated and shall
keep the portion& sewers& drains pipes in the said new pre#ises and appurtenances thereto
in good tenanta%le repair and condition and in particular& so as to support shelter and
protect the other parts of the said new %uilding and shall not chisel or in any other #anner
da#age the colu#ns& %ea#& walls& sla%s or RCC 8ardis or other structural #e#%ers in the
said new pre#ises without the prior written per#ission of the Developers and6or the
SocietyJ

.e0 Not to do or per#it to %e done any act or thing which #ay render void or voida%le
any insurance of the said property and the said new %uilding in which the said new pre#ises
is situated or any part thereof or where%y any increase in pre#iu# shall %eco#e paya%le in
respect of the insuranceJ

thrown fro# the said new pre#ises in the co#pound or any portion of the said property in
which the said new pre#ises is situatedJ

.g0 During the period of construction& the Me#%er6s shall not let& su%=let& let on leave R
license& transfer& assign or part with the Me#%erGs interest or %ene@t factor of this
Agree#ent until co#pletion of construction of the said new %uilding and handing over of
possession of the said new pre#ises to the Me#%er6s and further only if the Me#%er6s is6are
not guilty of %reach of or non=o%servance of any of the ter#s and conditions of this
Agree#ent and until the Me#%er6s has6have o%tained the prior written per#ission of the
SocietyJ

.h0 'he Me#%er6s shall o%serve and perfor# all the rules and regulations of the Society
and the additions& alterations or a#end#ents thereof that #ay %e #ade fro# ti#e to ti#e
for protection and #aintenance of the said new %uilding and the said new pre#ises therein
and for the o%servance and perfor#ance of the Fuilding Rules& Regulations and Fye=laws for
the ti#e %eing of the concerned local authority and of the Bovern#ent and other pu%lic
%odies, 'he Me#%er6s shall also o%serve and perfor# all the stipulations and conditions laid
down %y the said Society regarding the occupation and use of the said new pre#ises in the
%uilding and shall pay and contri%ute regularly and punctually towards the ta-es& e-penses
or other out=goings in accordance with the ter#s of this Agree#entJ

.i0 'ill the Me#%er6s take possession of their respective new 9ats in the said new
%uilding& the Me#%er6s shall per#it the Developers and its servants and agents& with or
without work#en and others& at all reasona%le ti#es& to enter into and upon the said
property and the said new %uilding or any part thereof to view and e-a#ine the state and
condition thereofJ

?, 'he Me#%er6s shall %e entitled to #ake necessary additions and alternations only
inside the said new 9at %ut not of a nature which would endanger or weaken the said new
%uilding to %e constructed on the said property& #ore particularly descri%ed in the Schedule
hereunder written& %ut su%/ect however to the necessary sanction %y the Mu#%ai Municipal
Corporation Breater Mu#%ai or any such authority whose per#ission is or #ay %e reEuired
for the said purpose under law, 8R+V)DCD A+:CVCR& at no ti#e the Me#%er6s shall %e
entitled to #ake any changes in the elevation and6or outside colour sche#e in any #anner
whatsoever,

, 'he Me#%er6s here%y agree6s that during the course of the construction of the said
new %uilding& the Me#%er6s shall not raise any o%/ection or put any hindrance and also
agrees to give full co=operation to the Developers& which shall %e as per the plans
sanctioned %y the Municipal Corporation of Breater Mu#%ai and shall give necessary
consents and undertakings to the Municipal Corporation of Breater Mu#%ai as #ay %e
reasona%ly reEuired %y the Municipal Corporation of Breater Mu#%ai and also to the eTect
that the Me#%er6s shall not take any o%/ection to the Developers constructing the said new
%uilding,

3, .a0 )t is understood and agreed %y and %etween the parties hereto that the
terrace space in front of or ad/acent to the 9ats6pre#ises in the said new %uilding& if any&
shall %elong e-clusively to the respective Flat 8urchaser6s of the 9ats6pre#ises and such
terrace space are intended for e-clusive use of the respective Flat 8urchaser6s with attached
terraces, 'he said terrace shall not %e enclosed %y such Flat 8urchaser6s till the per#ission
in writing is o%tained fro# the concerned local authority and the Developers or the Society&
as the case #ay %eJ

.%0 'he Me#%er6s here%y consent6s to the grant of e-clusive usage of the said
attached terrace6s to the Flat 8urchaser6s of the said 9ats with attached terraces and here%y
state6s& declare6s and covenant6s that neither the Me#%er6s nor the Society will have any
right to use or have any clai#& right& title or interest of whatsoever nature in such attached
terrace6sJ

.c0 'he lift #achine roo# and water tank shall %e located on the co##on terrace a%ove
the top#ost 9oor of the said new %uildingJ

.d0 'he provisions of this clause shall always %e of the essence of this Agree#ent,

D, 'he Me#%er6s undertakes and covenants with the Developers that they shall %e
lia%le to %ear and pay all ta-es& charges& duties& levies& #aintenance and other outgoings
including water charges& electric charges for co##on a#enities& water pu#p charges&
chowkidars& security #enGs salaries& lift#anGs salaries and lift #aintenance charges without
any delay or default which are reEuired to %e paid to the Society in respect of the said new
pre#ises,

I, )t is agreed %y and %etween the parties hereto that Flat 8urchaser6s of pre#ises that
would %e sold %y the Developers fro# and out of the DeveloperGs 8re#ises to persons other
than #e#%ers of the Society shall %e enrolled %y the Society as a #e#%er su%/ect to such
Flat 8urchaser6s paying a su# of Rs, 3>?6= as share #oney and Rs, ??6= as Cntrance and
Me#%ership fees alongwith sinking fund and other funds in proportion to the area of their
respective pre#ises to the Society, )t is here%y agreed and con@r#ed that the Society and6or
the Me#%ers of the Society shall not o%/ect to the Flat 8urchaser6s %eing enrolled as the
#e#%ers of the Society on any ground whatsoever,

>, )t is agreed %y the Developers that sta#p duty and registration charges& if any& to %e
paid on this Agree#ent shall %e %orne and paid %y the Developers alone, 'he parties hereto
shall forthwith on e-ecution hereof lodge the sa#e for registration with the concerned Su%=
Registrar of Assurances and ad#it e-ecution thereof,

K, All letters& notices& circulars& receipts issued %y the Developers as conte#plated %y
and under this Agree#ent shall %e dee#ed to have %een duly served6delivered to the
Me#%er6s and shall discharge the Developers co#pletely and eTectually of its o%ligations& if
sent to the Me#%er6s under Certi@cate of 8osting or registered 8ost Acknowledge#ent Due
at the following address .or at any other address as #ay have %een su%seEuently noti@ed %y
the Me#%er6s as and %y way of change of address and if such change is con@r#ed %y the
Developers0 2
555555555555555555555555555
555555555555555555555555555
555555555555555555555555555

!, 'he parties hereto agree to e-ecute such further and other docu#ents or writings as
#ay %e reEuired inorder to eTectuate the purpose and intention of this Agree#ent,

", 'his Agree#ent shall always %e su%/ect to the provisions of the Maharashtra
+wnership Flats Act& 4KD and the rules #ade thereunder or other provisions of law
applica%le thereto,

4, 'his Agree#ent shall %e su%/ect to the e-clusive /urisdiction of Courts at Mu#%ai,

3?, 'he 8er#anent Account nu#%ers of the parties hereto are as under2

Name Permanent Account NumDers
FN%!NE REA&"'R PR!#A"E
&!M!"ED
AA6(56$-#'
Maha Anan) Co-o.. %s-. oc. &t).
Mr./Ms./Mrs. ///////////////////

:=< 9=<DAC< 7!D#< B<$<BB<D :D

All that piece or parcel of land or ground& heredita#ents and pre#ises %earing original plot
No, I>" and Final 8lot No, IK! ad#easuring a%out K43 sEuare #eters situated lying and
%eing at ALad Road& 'own 8lanning Sche#e No, V& %earing C'S No, >D situate at ALad
Road& Cast Baothan& Vile 8arle Cast& 'aluka Andheri in the Registration District and Su%=
District of Mu#%ai City and Mu#%ai Su%ur%an and %ounded as follows&

9A09=I0< B<7C:DB9 /BI#7:< CI;I:<D 0
though the hands of its Authorised 0
signatory Mr, 555555555555555555 0

S)BNCD& SCA(CD AND DC()VCRCD %y the 0
withinna#ed Me#%er6s 0
2222222222222222222222 0

withinna#ed Society 0
:=< ;7=7 7070D D"D/<B7:I#< 0
=DA9I0E 9DI<:F CI;I:<D 0

:itness 2

,

3,

SunShine Realtors 8rivate (i#ited
U the Developers

AND

555555555555555555555555555
,,,, the Me#%er

'+

'AC MAAAANAND C+=+8, ASB, S+C, ('D,
U the Society

ABRCCMCN'

'AC 7B:IC<9 D$ 7EB<<;<0: #ade at Mu#%ai this 555 day 55555555555 in the Christian
7ear 'wo 'housand and 'en .3??0 FC':CCN 9A09=I0< B<7C:DB9 /BI#7:< CI;I:<D& a
private li#ited Co#pany incorporated under the provisions of the Co#panies Act& 4>K and
having its registered oNce at Bround Floor& Chandra Villa& Near Shivsagar Aotel& Nehru
Road& Vile 8arle .Cast0& Mu#%ai I???>!& hereinafter referred to as 6t+e
De%elo*ers8 .which e-pression shall unless it %e repugnant to the conte-t and #eaning
thereof dee# to #ean and include its successors=in=title and assigns0 of the First 8art
AND ;B1J;B9 1J;Js1 55555555555555555555 MCAJAFCCN XAA)D MAAN& of Mu#%ai& )ndian
)nha%itant& residing
at55555555555555555555555555555555555555555555555555555555555555555555555555hereinafter
called 6t+e ;emberJs8 .which e-pression shall unless it %e repugnant to the conte-t or
ad#inistrators and assigns0 of the Second 8art and ;a+a 7nand D"D/<B7:I#<
=DA9I0E 9DI<:F CI;I:<D& a Society registered under the provisions of the Maharashtra
Co=operative Societies Act& 4K? under Registration No, F+M6:=Me6ASB6 .'C06 >43D of 44=
443 and having its registered oNce at 8lot No, IK!& '8S )V& ALad Road& Vile 8arle Cast&
Mu#%ai I???>!& hereinafter referred to as 6t+e 9ociety8 .which e-pression shall unless it
%e repugnant to the conte-t and #eaning thereof dee# to #ean and include its successors
and assigns0 of the 'hird 8art2

G=<B<79 H

A, Fy and under the Deed of Conveyance dated "
th
Dece#%er& 44! #ade and
e-ecuted %etween Jitendraku#ar alias Jugalchand 8hoolchand 8atni alias J,8,8atni as ;the
Vendor< of the First 8art& M6s Vi/aya (a-#i Constructions as ;the Con@r#ing 8arty< of the
Second 8art and the Society herein of the 'hird 8art and registered in the oNce of the Su%=
Registrar of Assurances under serial No, >I of 44"& the Society herein has %eco#e seiLed
and possessed of or otherwise well and suNciently entitled to all that piece or parcel of land
or ground& heredita#ents and pre#ises %earing original plot No, I>" and Final 8lot No, IK!
ad#easuring a%out K43 sEuare #eters situated lying and %eing at ALad Road& 'own
8lanning Sche#e No, V& Vile 8arle Cast& Mu#%ai together with the %uilding known as
;Anand< .;the said %uilding<0 and #ore particularly descri%ed in the First Schedule
hereunder written and delineated on the 8lan thereof hereto #arked as 7nnexure I7I and
thereon shown surrounded %y red colour %oundary line .hereinafter referred to as 6t+e said
*ro*erty80J

F, 'he said property is co#prising of land and %uilding of ground plus three upper 9oors
of total %uilt up area of 4I4,> sEuare feet eEuivalent to "II> sE, ft, carpet area divided
into > residential 9ats, 'he said %uilding known as ;Anand< on the said plot of land was
constructed in the year 4KI and has %een in a dilapidated condition and reEuires heavy
repairsJ

C, 'he Society has pursuant to its resolution passed %y it in the Special Beneral Fody
Meeting in that respect decided to redevelop the said property %y de#olishing the e-isting
%uilding ;Anand< and reconstructing a new %uilding thereon,

D, Fy and under a Develop#ent Agree#ent dated ?
th
April& 3??4 .hereinafter referred
to as ;the said Develop#ent Agree#ent<0 duly registered with the Su%=Registrar of
Assurances at Mu#%ai under Serial No, FDR=>6?D4>!63??4 and #ade and e-ecuted
%etween the Society herein& therein referred to as ;the +wner Society< of the First 8art and
.0 N$A $uality Syste#s Registrar .)0 (td and I others& therein referred to as ;the share
holder #e#%ers< of the Second 8art and the Developers herein& therein also referred to as
<Developers< of the 'hird 8art& the Society has with the consent and con@r#ation of its
#e#%ers granted the develop#ent rights of the said property in favour of the Developers %y
de#olishing the e-isting %uilding known as <Anand< and constructing a new %uilding
thereon %y utiliLing the availa%le FS) as well as FS) %y way of 'DR under the Develop#ent
Control Regulations& for the consideration and upon the ter#s and conditions contained
thereinJ

C, 'he Developers are desirous of constructing a residential %uilding co#prising of stilt
on the ground 9oor and !.seven0 or #ore upper 9oors after de#olishing the then %uilding
OAnandO standing on the said property in accordance with the Fuilding rules and regulations
and %ye=laws of the MCBM and the provisions of the Develop#ent Control Regulations&
44& and such other laws& rules and regulations as #ay %e in force at present and6or at any
ti#e hereafter and also su%/ect to such ter#s and conditions as #ay %e i#posed %y the
State Bovern#ent or any other Co#petent Authority,
F, 'he Developers have got the plans& speci@cations& elevations& sections and details of
the proposed new %uilding sanctioned fro# the Municipal Corporation of Breater Mu#%ai
.MCBM0& for construction of a residential %uilding to %e known as OANANDO consisting of stilt
on the ground 9oor and !.seven0 or #ore upper 9oors .hereinafter referred to as Othe said
new %uildingO0 vide )nti#ation of Disapproval .),+,D,0 dated 3?
th
July& 3??4 %earing No,
CC64KK:S6AM and Co##ence#ent Certi@cate dated 3D
rd
Nove#%er& 3??4 %earing No,
CC64KK6:S6AM in respect of the said new %uilding, 'he copies of the aforesaid )+D and C,C,
in respect of the said new %uilding are hereto anne-ed and #arked as 700<@AB< 6!8 N
68 respectivelyJ

B, )n ter#s of the said Develop#ent Agree#ent& the Developers herein are reEuired to
construct and handover to the Society for its #e#%ers& > .@fteen0 residential 9ats to %e
allocated on the @rst to fourth 9oors alongwith open car=parking spaces in the proposed new
%uilding to %e known as ;ANAND< to %e constructed on the said property .hereinafter
referred to as It+e 9ocietyLs /remisesI0 and thereafter the Developers are a%solutely
entitled to independently %ook& allot& sell& transfer& lease& #ortgage and6or otherwise create
third party rights in respect of all the %alance constructed areas& 9ats6pre#ises& car=parking
spaces in stilt in favour of the prospective %uyer or Flat 8urchaser6s as the DevelopersG dee#
@t and proper .hereinafter referred to as It+e De%elo*erQs /remisesI0, Reference to the
Flat 8urchaser6s in this Agree#ent #eans purchasers of such pre#ises fro# and out of the
DeveloperGs 8re#ises J

A, 'he Developers have de#olished the said %uilding ;Anand< pursuant to the sanction
of the plans as the sa#e has %een already vacated %y all the #e#%ers of the Society with
their fa#ily #e#%ers& servants and personal %elongingsJ

),

'he Developers have entered into a prescri%ed Agree#ent with the Architect& M6s SEuare
Consultants& registered with the Council of Architects and also appointed Mr, Dwi/en J, Fhatt
the proposed new %uilding to %e constructed on the said property and the Me#%er6s
accept6s the professional supervision of the said Architect and the said structural Cngineer
till the co#pletion of the proposed new %uilding unless otherwise changedJ

J, 'he Me#%er6s is6are the registered #e#%er 6s of the Society viL, Maha Anand Co=
operative Aousing Society (td,& a Society registered under the provisions of the Maharashtra
Co=operative Societies Act& 4K? under Registration No, F+M6:=Me6ASB6.'C06>43D +F 44=
443 and as such a #e#%er6s is6are holding > .@ve0 fully paid=up shares of Rs,>?6= each
%earing distinctive No, 555K to 5555 ? .%oth inclusive0 held under Share Certi@cate
No, 3555 of the Society together with Flat No, 5553ad#easuring 55555KK! sE, ft, .carpet area0
on the 5555
st
9oor .hereinafter referred to as ;the said e-isting pre#ises<0 in the %uilding
known as ;Anand< %elonging to the Society situate at 8lot No, IK!& '8S )V& ALad Road& Vile
8arle Cast& Mu#%ai I???>!J

M, As per the Second Schedule to the said Develop#ent Agree#ent& the Me#%er herein
is to %e allotted a Flat ad#easuring KK! sE, ft, .carpet area0& on the @rst 9oor of the
proposed new %uilding to %e constructed on the said property as and %y way of per#anent
alternate acco##odation& free of costs, Aowever& pursuant to the fresh negotiations
%etween the parties hereto and at reEuest of the Me#%er herein& the Developers have
agreed to now allot a self contained residential Flat of eEuivalent area viL, KK! sE, ft, .carpet
area0 on the seventh 9oor in place and stead of @rst 9oor0 as and %y way of per#anent
alternate acco##odation free of costs in the proposed new %uilding to %e constructed on
the said property, 'he said Society has con@r#ed and consented to the aforesaid
arrange#ent as is evidenced %y their /oining in as a party to these presents,

(, )n lieu of the Me#%er6s having handed over the Euiet& vacant and peaceful
possession of the said e-isting pre#ises to the Developers for de#olition and
redevelop#en 8ursuant to the aforesaid& the Developers shall now allot to the Me#%er6s&
free of cost on ownership %asis& a new 9at& %eing Flat No, 55555555555
ad#easuring KK! 55555555 sE, ft, carpet area on the 555555!
th
9oor .hereinafter the 9at shall
%e referred to as ;the said new pre#ises<0 of proposed new %uilding to %e known as ;Maha
Anand Co,op,Aousing Society (td,< .hereinafter referred to as ;the said new %uilding<0 to %e
constructed on the said property and the parties hereto are desirous of recording the sa#e
in writing as hereinafter appearingJ

:=< /7B:I<9 =<B<:D 79 $DCCDG9H

, 'he recitals contained hereina%ove for# an integral and operative part of this

3, 'he Develop#ent Agree#ent dated ?
th
April& 3??4 46t+e said De%elo*ment
7greement80 e-ecuted %y the Society in favour of the Developers is valid and su%sisting
and the sa#e has not %een deter#ined ter#inated or cancelled,

D, 'he Developers shall develop the said property descri%ed in the Schedule hereunder
written& %y de#olishing the e-isting %uilding ;Anand< standing on the said property and
constructing a new residential %uilding thereon also to %e known as ;ANAND< consisting of
stilt on the ground 9oor and !.seven0 or #ore upper 9oors& with all the a#enities as set out
in Anne-ure ;)))< to the said Develop#ent Agree#ent and in accordance with the plans
sanctioned6a#ended6varied6altered %y the Municipal Corporation of Breater Fo#%ay fro#
ti#e to ti#e with the plans& designs& speci@cations approved %y the concerned local
authority and which have %een seen and approved %y the Me#%er6s with only such
variations and #odi@cations as the Developers #ay consider necessary or as #ay %e
reEuired %y the concerned authorities or Bovern#ent to %e #ade in the#, 'he
Me#%er6s here%y e-pressly consent6s to the Developers #aking variations or #odi@cations
in the aforesaid plans as they #ay dee# @t so long as the area of the said new pre#ises to
%e allotted to the Me#%er6s re#ains unchanged, 'he Developer6s shall not %e reEuired to
take any further per#ission of the Me#%er6s for the sa#e,

I, :ith a view to ena%le the Developers to re=develop the said property& the Me#%er6s
has6have vacated and delivered Euiet& vacant and peaceful possession of Flat
No, 5553 ad#easuring 55555KK! sE, ft, .carpet area0 on the

st
5555 9oor .hereinafter referred
to as 6t+e said existing *remises80 in the %uilding then known as ;Anand< %elonging to
the Society situate at 8lot No, I>" and Final 8lot No, I>! situate at ALad Road& 'own 8lanning
Sche#e No, V& Vile 8arle Cast& Mu#%ai in favour of and unto the Developers and in lieu
thereof& the Developers have agreed to construct and hand over to the Me#%er6s free of
cost on ownership %asis& Flat No, 555 on the 555 !
th
9oor ad#easuring 5555 KK! sE, ft, i,e,
555555 sE, #trs, .carpet area0 eEuivalent to 55555 sE, ft, i,e, 5555 sE, #trs, .%uilt=up area0
.e-clusive of 9ower %eds and drying area0 .hereinafter the new 9at and the car park shall %e
referred to as 6t+e said ne. *remises8 and more *articularly described in t+e
9econd 9c+edule +ereunder .ritten0 of the new %uilding to %e known as ;ANAND< to %e
constructed on the said property .hereinafter referred to as 6t+e said ne. building80 as
detailed in the proposed 9oor plan and car parking plan hereto anne-ed and #arked
as 700<@AB< 618 and 700<@AB< 6178& respectively,

>, 'he Me#%er6s doth here%y declare6s that2

.i0 'he Me#%er6s is6are the owner6s of and as such is6are entitled to use& occupy& en/oy
and possess the said e-isting pre#ises %eing Flat No, 555555553 on the 55555
st
9oor
ad#easuring 5555555555 sE, ft, of carpet area in the e-isting %uilding and
thathe6she 6they is 6are entitled to deal with and dispose of the sa#e as the H+wnerG thereof
as he6she6they #ay dee# @t and proper and are fully authoriLed to enter into this
Agree#ent,

.ii0 'he Me#%er6s has6have not o%tained any loans and6or advances fro# any person or
person6s& %anks& @nancial institutional or any other third party %y pledging and6 or
#ortgaging the said e-isting pre#ises and6 or against any collateral security thereof,

.iii0 'he Me#%er6s is6are not restrained %y any +rder or )n/unction passed %y any Court
%efore or %y Judge#ent fro# any Court fro# selling and6or disposing of the said e-isting
pre#ises and6or entering into this Agree#ent,

.iv0 'he Me#%er6s is6are not prohi%ited fro# entering into this Agree#ent %y an +rder
passed %y any Bovern#ent and6 or Se#i Bovern#ent Authority and6 or is not su%/ect #atter
of any prohi%itory order and6 or litigation,

K, As per the ter#s of the said Develop#ent Agree#ent& the Developers have till date
paid the following a#ounts to the Me#%er6s 2

.i0 Rs, 555555555556= .Rupees 555555555555555555 only0 paid on or %efore e-ecution of
these presents as part co#pensation towards inconvenience caused during redevelop#ent
of the said propertyJ

.ii0 Rs,5555556= .Rupees 5555555555555555555 only0 paid on or %efore e-ecution of these
presents towards co#pensation to acEuire te#porary alternate acco##odation on leave
and license %asis for a period of 3I #onths at the rate of Rs, 3>6= per sE, foot of the e-isting
carpet areaJ and

.iii0 Rs, 3&???6= .Rupees 'welve 'housand only0 paid on or %efore e-ecution of these
presents towards rei#%urse#ent of the e-penses incurred for shifting to the te#porary
alternate acco##odation during the period of re=develop#ent,

.the receipt whereof the Me#%er6s doth here%y ad#it6s and acknowledge6s and discharge6s
the Developers fro# the pay#ent of the sa#e,0

!.a0 'he Me#%er here%y agrees& records and con@r#s that all the rights of the Me#%er to
%e allotted the pre#ises on the @rst 9oor of the proposed new %uilding to %e constructed on
the said property as agreed under the said Develop#ent Agree#ent has %een released&
relinEuished and surrendered %y the Me#%er in favour of the Developers and the M e#%er
does not and shall not at anyti#e hereafter #ake or clai# or de#and any right& title and
interest in the sa#e or any part thereof and the said pre#ises on the @rst 9oor of the
proposed new %uilding to %e constructed on the said property hereafter vests and %elongs to
the Developer a%solutely with full right and li%erty to deal with th e sa#e in such #anner as
the Developer #ay dee# @t,

!.%0 , 'he Me#%er6s is 6are aware that the aforesaid pre#ises i,e, Flat No, 55 on the @rst
9oor of the proposed new %uilding to %e constructed on the said property which was
previously agreed to %e allotted to the Me#%er as well as all the 9ats on or a%ove the
>
th
9oor save and e-cept the said new pre#ises and all the car parking spaces in the stilt on
the ground 9oor of the said new %uilding %elong to the Developers 8re#ises and the
Developers have the sole right to allot& cancel allot#ent& re=allot& transfer& sell& lease& grant
leave and license& #ortgage or otherwise deal with the sa#e in the #anner dee#ed @t and
proper %y the#,

", 'he Developers shall after o%taining +ccupation Certi@cate fro# the MCBM
handover possession of the said new pre#ises on or %efore 555555555555 after giving a
written notice to the Me#%er6s oTering possession of the said new pre#ises in ter#s of the
said Develop#ent Agree#ent duly constructed and co#pleted with all a#enities as set out
in Anne-ure H)))G of the said Develop#ent Agree#ent, 8rovided Aowever& the Developers
shall %e entitled to reasona%le e-tension of ti#e for giving possession of the said pre#ises
to the Me#%er 6s on account of the circu#stances #entioned hereunder2

.i0 war& civil co##otion or act of Bod aTecting the said propertyJ
Co#petent Authority aTecting the develop#ent in respect of the said propertyJ

4, 'he Me#%er6s for hi#self6herself6the#selves with intention to %ring all persons into
whosoever hand the said new pre#ises #ay co#e& doth here%y covenant6s with the
Developers as follows2

.a0 'o #aintain at the Me#%erGs 6s own cost in good tenanta%le repair and condition fro#
the date of possession of the said new pre#ises is taken and shall not do or suTer to %e
done anything in or to the said new %uilding in which the said new pre#ises is situated or to
the staircase or any passages in the %uilding which #ay %e against the rules& regulations or
%ye=laws of the Society or concerned local or any other authority or change6alter or #ake
addition in or to the said new pre#ises itself or any part thereofJ

.%0 Not to store in the said new pre#ises any goods which are of haLardous& co#%usti%le
or dangerous nature or are so heavy as to da#age the construction or structure of the said
new %uilding in which the said new pre#ises is situated or storing of which goods is o%/ected
to %y the concerned local or other authority and shall not carry or cause to %e carried heavy
packages to upper 9oors which #ay da#age or likely to da#age the staircase& co##on
passages or any other structure of the said new %uilding in which the said new pre#ises is
situated& including entrances of the said new %uilding in which the said new pre#ises is
situated and in case any da#age is caused to the said new %uilding in which the said new
pre#ises is situated or to the said new pre#ises on account of negligence or default of the
Me#%er6s in this %ehalf& the Me#%er6s shall %e lia%le for the conseEuences of the %reachJ

.c0 'o carry at his6her6their own cost all internal repairs to the said new pre#ises and
#aintain the said new pre#ises in the sa#e condition& state and order in which it was
delivered %y the Developers to the Me#%er6s and shall not do or suTer to %e done anything
in or to the said new %uilding in which the said new pre#ises is situated or the said new
pre#ises which #ay %e against the rules and regulations and %ye=laws of the concerned
local authority or other pu%lic authority, And in the event of the Me#%er6sco##itting any
act in contravention of the a%ove provision& the Me#%er6s shall %e responsi%le and lia%le for
the conseEuence thereof to the Society& concerned local authority and6or pu%lic authorityJ

.d0 Not to de#olish or cause to %e de#olished the said new pre#ises or any part
thereof& nor at any ti#e #ake or cause to %e #ade any addition or alteration whatsoever in
or to the said new pre#ises or any part thereof& nor any alteration in the elevation and
outside colour sche#e of the %uilding in which the said new pre#ises is situated and shall
keep the portion& sewers& drains pipes in the said new pre#ises and appurtenances thereto
in good tenanta%le repair and condition and in particular& so as to support shelter and
protect the other parts of the said new %uilding and shall not chisel or in any other #anner
da#age the colu#ns& %ea#& walls& sla%s or RCC 8ardis or other structural #e#%ers in the
said new pre#ises without the prior written per#ission of the Developers and6or the
SocietyJ

.e0 Not to do or per#it to %e done any act or thing which #ay render void or voida%le
any insurance of the said property and the said new %uilding in which the said new pre#ises
is situated or any part thereof or where%y any increase in pre#iu# shall %eco#e paya%le in
respect of the insuranceJ

thrown fro# the said new pre#ises in the co#pound or any portion of the said property in
which the said new pre#ises is situatedJ

.g0 During the period of construction& the Me#%er6s shall not let& su%=let& let on leave R
license& transfer& assign or part with the Me#%erGs interest or %ene@t factor of this
Agree#ent until co#pletion of construction of the said new %uilding and handing over of
possession of the said new pre#ises to the Me#%er6s and further only if the
Me#%er6s is6are not guilty of %reach of or non=o%servance of any of the ter#s and conditions
of this Agree#ent and until the Me#%er6s has6have o%tained the prior written per#ission of
the SocietyJ

.h0 'he Me#%er6s shall o%serve and perfor# all the rules and regulations of the Society
and the additions& alterations or a#end#ents thereof that #ay %e #ade fro# ti#e to ti#e
for protection and #aintenance of the said new %uilding and the said new pre#ises therein
and for the o%servance and perfor#ance of the Fuilding Rules& Regulations and Fye=laws for
the ti#e %eing of the concerned local authority and of the Bovern#ent and other pu%lic
%odies, 'he Me#%er6s shall also o%serve and perfor# all the stipulations and conditions laid
down %y the said Society regarding the occupation and use of the said new pre#ises in the
%uilding and shall pay and contri%ute regularly and punctually towards the ta-es& e-penses
or other out=goings in accordance with the ter#s of this Agree#entJ

.i0 'ill the Me#%ers6s take possession of their respective new 9ats in the said new
%uilding& the Me#%er6s shall per#it the Developers and its servants and agents& with or
without work#en and others& at all reasona%le ti#es& to enter into and upon the said
property and the said new %uilding or any part thereof to view and e-a#ine the state and
condition thereofJ

?, 'he Me#%er6s shall %e entitled to #ake necessary additions and alternations only
inside the said new 9at %ut not of a nature which would endanger or weaken the said new
%uilding to %e constructed on the said property& #ore particularly descri%ed in the First
Schedule hereunder written& %ut su%/ect however to the necessary sanction %y the Mu#%ai
Municipal Corporation Breater Mu#%ai or any such authority whose per#ission is or #ay %e
reEuired for the said purpose under law, 8R+V)DCD A+:CVCR& at no ti#e the Me#%er6s shall
%e entitled to #ake any changes in the elevation and6or outside colour sche#e in any
#anner whatsoever,

, 'he Me#%er6s here%y agree6s that during the course of the construction of the said
new %uilding& the Me#%er6s shall not raise any o%/ection or put any hindrance and also
agrees to give full co=operation to the Developers& which shall %e as per the plans
sanctioned %y the Municipal Corporation of Breater Mu#%ai and shall give necessary
consents and undertakings to the Municipal Corporation of Breater Mu#%ai as #ay %e
reasona%ly reEuired %y the Municipal Corporation of Breater Mu#%ai and also to the eTect
that the Me#%er6s shall not take any o%/ection to the Developers constructing the said new
%uilding,

3, .a0 )t is understood and agreed %y and %etween the parties hereto that the
terrace space in front of or ad/acent to the 9ats6pre#ises in the said new %uilding& if any&
shall %elong e-clusively to the respective Flat 8urchaser6s of the 9ats6pre#ises and such
terrace space are intended for e-clusive use of the respective Flat 8urchaser6s with attached
terraces, 'he said terrace shall not %e enclosed %y such Flat 8urchaser6s till the per#ission
in writing is o%tained fro# the concerned local authority and the Developers or the Society&
as the case #ay %eJ

.%0 'he Me#%er6s here%y consent6s to the grant of e-clusive usage of the said
attached terrace6s to the Flat 8urchaser6s of the said 9ats with attached terraces and here%y
state6s& declare6s and covenant6s that neither the Me#%er6s nor the Society will have any
right to use or have any clai#& right& title or interest of whatsoever nature in such attached
terrace6sJ

.c0 'he lift #achine roo# and water tank shall %e located on the co##on terrace a%ove
the top#ost 9oor of the said new %uildingJ

.d0 'he provisions of this clause shall always %e of the essence of this Agree#ent,

D, 'he Me#%er6s undertakes and covenants with the Developers that they she shall
%e lia%le to %ear and pay all ta-es& charges& duties& levies& #aintenance and other outgoings
including water charges& electric charges for co##on a#enities& water pu#p charges&
chowkidars& security #enGs salaries& lift#anGs salaries and lift #aintenance charges without
any delay or default which are reEuired to %e paid to the Society in respect of the said new
pre#ises,

I, )t is agreed %y and %etween the parties hereto that Flat 8urchaser6s of pre#ises that
would %e sold %y the Developers fro# and out of the DeveloperGs 8re#ises to persons other
than #e#%ers of the Society shall %e enrolled %y the Society as a #e#%er su%/ect to such
Flat 8urchaser6s paying a su# of Rs, 3>?6= as share #oney and Rs, ??6= as Cntrance and
Me#%ership fees alongwith sinking fund and other funds in proportion to the area of their
respective pre#ises to the Society, )t is here%y agreed and con@r#ed that the Society and6or
the Me#%ers of the Society shall not o%/ect to the Flat 8urchaser6s %eing enrolled as the
#e#%ers of the Society on any ground whatsoever,

>, )t is agreed %y the Developers that sta#p duty and registration charges& if any& to %e
paid on this Agree#ent shall %e %orne and paid %y the Developers alone, 'he parties hereto
shall forthwith on e-ecution hereof lodge the sa#e for registration with the concerned Su%=
Registrar of Assurances and ad#it e-ecution thereof,

K, All letters& notices& circulars& receipts issued %y the Developers as conte#plated %y
and under this Agree#ent shall %e dee#ed to have %een duly served6delivered to the
Me#%er6s and shall discharge the Developers co#pletely and eTectually of its o%ligations& if
sent to the Me#%er6s under Certi@cate of 8osting or registered 8ost Acknowledge#ent Due
at the following address .or at any other address as #ay have %een su%seEuently noti@ed %y
the Me#%er6s as and %y way of change of address and if such change is con@r#ed %y the
Developers0 2
555555555555555555555555555
555555555555555555555555555
555555555555555555555555555

!, 'he parties hereto agree to e-ecute such further and other docu#ents or writings as
#ay %e reEuired inorder to eTectuate the purpose and intention of this Agree#ent,

", 'his Agree#ent shall always %e su%/ect to the provisions of the Maharashtra
+wnership Flats Act& 4KD and the rules #ade thereunder or other provisions of law
applica%le thereto,

4, 'his Agree#ent shall %e su%/ect to the e-clusive /urisdiction of Courts at Mu#%ai,

3?, 'he 8er#anent Account nu#%ers of the parties hereto are as under2

Name Permanent Account NumDers
FN%!NE REA&"'R PR!#A"E
&!M!"ED
AA6(56$-#'
Maha Anan) Co-o.. %s-. oc. &t).
Mr./Ms./Mrs. meh1aDeen 0ahi) Ghan

:=< $IB9: 9=<DAC< 7!D#< B<$<BB<D :D

All that piece or parcel of land or ground& heredita#ents and pre#ises %earing original plot
No, I>" and Final 8lot No, IK! ad#easuring a%out K43 sEuare #eters situated lying and
%eing at ALad Road& 'own 8lanning Sche#e No, V& %earing C'S No, >D situate at ALad
Road& Cast Baothan& Vile 8arle Cast& 'aluka Andheri in the Registration District and Su%=
District of Mu#%ai City and Mu#%ai Su%ur%an and %ounded as follows&

:=< 9<D0D 9=<DAC< 7!D#< B<$<BB<D :D
.Description of the ;said new pre#ises<0
Flat No, 55555555555 ad#easuring KK! sE, ft, carpet area on the !
th
9oor of proposed new
%uilding to %e known as ;Anand< %elonging to ;Maha=Anand Co,op,Aousing Society (td,
Standing on the plot of land descri%ed int eh the First Schedule hereunder written,

9A09=I0< B<7C:DB9 /BI#7:< CI;I:<D 0
though the hands of its Authorised 0
signatory Mr, 555555555555555555 0

withinna#ed Me#%er6s 0
MCAJAFCCN XAA)D MAAN 0

withinna#ed Society 0
:=< ;7=7 7070D D"D/<B7:I#< 0
=DA9I0E 9DI<:F CI;I:<D 0

:itness 2

,

3,

SunShine Realtors 8rivate (i#ited
U the Developers

AND

MCAJAFCCN XAA)D MAAN
,,,, the Me#%er

'+

'AC MAAAANAND C+=+8, ASB, S+C, ('D,
U the Society

ABRCCMCN'

?indly 0oteH

For registration of the 8AAA we would reEuire =
a, Clectricity and 'elephone Fill .at least > years old and new0
%, Clection Card
c, Ration Card

7EB<<;<0: $DB /<B;70<0: 7C:<B07:< 7D;;DD7:ID0

'A)S 7EB<<;<0: $DB /<B;70<0: 7C:<B07:< 7D;;DD7:ID0 #ade at Mu#%ai
this day of 5555555555 in the Christian 7ear 'wo thousand and Cleven .3?0

FC':CCN

;B1 =79;A?=C7C =70DAC7C /7BI?=& adult& )ndian )nha%itant& residing at !& Birish
Mun/& North South Road No,D& Juhu Sche#e& Vile 8arle .:est0& Mu#%ai= I???>K& hereinafter
referred to as O :=< DG0<BO .which e-pression shall unless it %e repugnant to the conte-t
and #eaning thereof %e dee#ed to #ean and include his heirs& e-ecutors and
ad#inistrators 0 of the $IB9: /7B:K

AND

;J91 A9=7 <0:<B/BI9<9& a partnership @r# registered under the provisions of the )ndian
8artnership Act& 4D3& through the hands of its partners and having its registered oNce at
5555555555555555555555555& hereinafter referred to as O :=< $IB;O .which e-pression shall
unless it %e repugnant to the conte-t and #eaning thereof %e dee#ed to #ean and include
the partner or partners for the ti#e %eing and fro# ti#e to ti#e of the said Fir#& the
survivor or survivors of the# and the heirs& e-ecutors and ad#inistrators of the last
surviving partner0 of the 9<D0D /7B:K
AND

2222222222222222222222222222222222 & a partnership @r# registered under the provisions of the
)ndian 8artnership Act& 4D3& through the hands of its partners and having its registered
oNce at 5555555555555555555555555& hereinafter referred to as6:=< /AB=79<B8 .which
e-pression shall unless it %e repugnant to the conte-t and #eaning thereof %e dee#ed to
#ean and include the partner or partners for the ti#e %eing and fro# ti#e to ti#e of the
said @r#& the survivor or survivors of the# and the heirs& e-ecutors and ad#inistrators of
the last surviving partner0 of the :=IBD /7B:K

AND

55555555555555555555555555555555& adult& )ndian )nha%itant& presently residing at
5555555555555555555555555555555555> hereinafter referred to as 6:=< :<070:8 .which
e-pression shall& unless it %e repugnant to the conte-t or #eaning thereof include
his6her6their heirs& e-ecutors and ad#inistrators0 of the $DAB:= /7B:J

G = of 443& one Mr, Chandrakant 8re#chand Shah& the
original owner had conveyed in favour of Mr, Aas#ukh Chandulal 8arikh& the +wner herein&
property %eing all the pieces and parcels of land or ground known as Madhav Faugh&
situated at Andheri Murla Road& at Andheri .Cast0& Mu#%ai = I?? ?K4 ad#easuring 3344 sE,
yards or therea%outs and %earing new C'S No, K>! of village Andheri in the Fo#%ay
Su%ur%an District& with structures standing thereon fully occupied %y tenants
. 6the Driginal /ro*erty80 and the Consent Decree itself was to %e treated as a
Conveyance& in respect of the +riginal 8roperty, 'he said Consent Decree was duly
ad/udicated and registered with oNce of the Su%=Registrar of Assurances at Fandra under
No, D>KD63??3, )n the pre#ises& the said Mr, Aas#ukh Chandulal 8arikh& %eca#e the sole
and a%solute owner of the said +riginal 8ropertyJ

F, 'he said Mr, Aas#ukh Chandulal 8arikh& the +wner herein& had entered into
partnership %usiness in na#e and style of M6s, Psha Cnterprises& %eing the said Fir# herein&
and had in or a%out 3>
th
Fe%ruary 444& introduced the said +riginal 8roperty into the
partnership @r#& as his capital contri%ution,

C, 'he 'enant was occupying Roo# No, 5555555 ad#easuring 555555555 sE, ft, .carpet
area0 on the 55555555555 Floor of Madhav Faug Fuilding No, 555555555 standing on the said
+riginal 8roperty as tenants thereof .hereinafter referred to as 6t+e said tenanted
*remises80 and %uilding in which the said tenanted pre#ises was located was in a
dilapidated condition and needed urgent repairsJ

D, 'he said +riginal 8roperty now %ears C'S Nos, K>!& K>!6 to 4 of village Andheri&
'aluka Andheri and as per the City Survey Records ad#easures in aggregate "!!,> sE,
#trs,

C, Pnder the present Develop#ent Rules& it was possi%le to develop the said +riginal
8roperty %y de#olishing the old structures and re=constructing new %uilding6s thereupon %y
utiliLing the entire FS) which #ay %e availa%le in respect of the said +riginal 8roperty at
present or in future including %y way of a#end#ent to the rules and regulations %y law
governing the sa#eJ

F, )n accordance with the sche#e of develop#ent negotiated %etween the 'enant and
the +wner and the said Fir# herein %eing the predecessor=in=title of the 8urchaser herein&
the 'enant agreed to surrender his tenancy rights in the said tenanted pre#ises and handed
over vacant and peaceful possession of the sa#e to the said +wner and the said Fir#& for
de#olition and redevelop#ent and in lieu of the sa#e the 'enant herein was provided
transit acco##odation in Roo# No, 55555555555 ad#easuring 55555555555 sE, ft, on the
5555555555 9oor of the transit %uilding known as ;Madhav Faug Fuilding No, 555555<
constructed on a portion of the said +riginal 8roperty .hereinafter referred to as Ot+e said
:ransit /remisesO0 and #ore particularly descri%ed in the9econd Schedule hereunder
written for the te#porary use and occupation of the 'enant during the period of construction
of a proposed new %uilding where the per#anent alternate acco##odation to %e ulti#ately
provided to the 'enant& was to %e locatedJ

B, Due to unforeseen circu#stances& the said 8ara# 8roperties 8vt, (td,& were una%le to
redevelop the said +riginal 8roperty, 'he said property over a period of ti#e was conveyed
to the +wner herein, 'he +wner herein has de#olished the old %uilding which was occupied
%y the tenants and no #onthly rent is %eing paid %y the 'enant& to the +wner& in respect of
either the said tenanted pre#ises or the said 'ransit pre#isesJ

A, 'here has %een an inordinate delay in co##ence#ent of redevelop#ent of the said
+riginal 8roperty and due to the sa#e& the +wner and the 'enant& have renegotiated the
ter#s of surrender of tenancy rights %y the 'enant and the parties hereto have arrived at a
#utual understanding a#ongst the#selves wherein the 'enant have agreed to deliver Euiet&
vacant and peaceful possession of the said 'ransit 8re#ises& in lieu of the +wner& allotting to
the 'enants herein free of cost and on ownership %asis one self=contained 9at %eing Flat No,
55555 ad#easuring I4K sE, ft, carpet area& including %alcony& 9ower %eds& deck and any such
area& in the proposed new %uilding to %e constructed as per the approved and sanctioned
plan for purely residential purposes as and %y way of per#anent alternative acco##odation
.hereinafter referred to as It+e said ne. ,at80 in the #anner set out hereunderJ

), 'he 8arties are desirous of recording the said ter#s and conditions in writing in the

:=< /7B:I<9 =<B<:D 79 $DCCDG9H"


3, 'he +wner proposes to redevelop the said +riginal 8roperty %y de#olishing the
e-isting transit %uilding known as ;Madhav Faugh Fuilding No, 555555 %eing the 'e#porary
'ransit< standing on the said property %earing C'S Nos, K>!& K>!6 to 4 of village Andheri&
'aluka Andheri and as per the City Survey Records ad#easuring in aggregate "!!,> sE,
#trs, with structures standing thereon known as ;Madhav Faugh %eing Fuilding SAS& Fuilding
SFS and Fuilding SCS& situated at Andheri Murla Road& at Andheri& Mu#%ai = I?? ?K4 in the
Registration District and Su%=district of Mu#%ai City and Mu#%ai Su%ur%an .hereinafter
referred to as ;the said 8roperty<0& delineated in red colour %oundary line in the layout plan
anne-ed hereto as ANNCQPRC A and #ore particularly descri%ed in the First Schedule
hereunder written %eing all the pieces and parcels of land and %y constructing a new #ulti=
storeyed %uilding6s in accordance with the plans that #ay %e sanctioned %y the Municipal
Corporation of Breater Mu#%ai .M,C,B,M0 fro# ti#e to ti#e %y utiliLing the entire FS)
including additional FS) and6or 'DR FS) availa%le in respect of the said +riginal 8roperty
.hereinafter referred to as It+e /ro*osed 0e. !uildingI0,

D, 'he 'enants shall surrender& release and relinEuish their tenancy right in Roo# No,
5555555555 ad#easuring 5555555555 sE, ft, .carpet area0 on the 5555555555 Floor of the Madhav
Faug %uilding No, OAO standing on the said 8roperty .hereinafter referred to as 6t+e said
:enanted /remises80 and deliver Euiet& vacant and peaceful possession of Flat No,
55555555 ad#easuring 555555555 sE, ft, .carpet area0 on the 555555555555
th
9oor of the 'ransit
%uilding ;Madhav Faug Fuilding No, 55555555 'e#porary 'ransit< standing on the said
8roperty .hereinafter referred to as 6t+e said :ransit /remises80& and in lieu thereof& the
+wner agrees to provide& grant and allot to the 'enants on ;ownership< %asis& free of cost&
one self=contained 9at %eing Flat No, 55555 ad#easuring 5555555555 sE, ft, carpet area
including %alcony& 9ower %eds& deck and any such area in the proposed new %uilding to %e
constructed as per the approved and sanctioned plan for purely residential purposes as and
%y way of per#anent alternative acco##odation .hereinafter referred to as It+e said 0e.
$lat80, 'he 'enant shall %e provided a#enities in the said New Flat& as #entioned
in 7nnexure 678 hereto,

I, 'he 'enants here%y agree and undertake not to cause any o%stacle or
i#pedi#ent6litigation or raise any o%/ection which #ay delay redevelop#ent of the said
property and shall sign and e-ecute all applications& letters and other necessary docu#ents
and papers as #ay %e reEuired %y the Municipal Corporation of the Breater Mu#%ai for
sanctioning of the %uilding plans& )+D& CC to the +wner for co##encing the construction of
the proposed new %uilding,

>, )t is agreed %y and %etween the parties hereto that within a period of D? .thirty0 days
fro# the date of e-ecution of these presents& the 'enants shall handover vacant and
peaceful possession of the said 'ransit 8re#ises to the +wner,

K, )t is here%y agreed %y and %etween the parties hereto that the +wner shall %e entitled
to a#end and revise the %uilding plans& speci@cations& drawings and designs and the
'enants shall not %e entitled to raise any o%/ection to the sa#e provided such a#end#ents
does not pre/udice the rights of the 'enants under this Agree#ent,

, )t is here%y agreed %y and %etween the parties hereto that the +wner shall not
provide any te#porary alternate acco##odation to the 'enants and the 'enants shall
#ake their own arrange#ents, Aowever the +wner has agreed and undertaken to
pay a su# of Rs,I>&???6= .Rupees Forty Five 'housand only0 per #onth as displaced
co#pensation for acEuiring te#porary alternate acco##odation fro# the day the
'enants hand over the possession of the said 'ransit 8re#ises to the +wner till the
'enants are put to the possession of the said new 9at,

, 'he +wner agrees to pay to the 'enants a lu#psu# a#ount of Rs, >&??&???6=
.Rupees Fifteen (acs only0 as and %y way of co#pensation for the dislocation&
hardship and inconvenience to the 'enants during the period of such redevelop#ent&
which a#ount shall %e paid to the 'enants at the ti#e of the 'enants taking
possession of the said new 9at in the proposed new %uilding, )t is e-pressly agreed %y
and %etween the parties hereto that the +wner shall not %e lia%le to pay to the
'enants any further su#s6a#ounts for any reason whatsoever,

, 'he 'enants here%y give their irrevoca%le consent and authority to the +wner for
developing the said property as per the plan that #ay %e sanctioned %y the MCBM %y
using and consu#ing the entire availa%le FS) and the 'DR in respect of the said
property and to de#olishing the said transit %uilding and the said 'ransit 8re#ises
upon their handing over vacant possession of the sa#e to the +wner and agree and
undertake to e-ecute such deeds& docu#ents and6or writings as #ay%e reEuired %y
any authority6authorities and give no o%/ection for the purpose whenever reEuired,

, Ppon the 'enants delivering vacant and peaceful possession of the said 'ransit
8re#ises to the +wner& the +wner shall %e entitled to de#olish the said 'ransit
8re#ises and co##ence the work of construction of the proposed new %uilding
thereon,

, 'he +wner shall carry out and co#plete the work of construction of the said new
%uilding and oTer possession of the said new 9at to the 'enants within a period of DK
#onths fro# the date of receipt of the Co##ence#ent Certi@cate with a grace
period of K .si-0 #onths, Aowever the ti#e li#it for co#pletion shall stand
auto#atically e-tended in the event of delay in co#pletion due to following
circu#stances2

property and

develop#ent in respect of the said property then notwithstanding anything contained in
these presents& the ti#e for co#pletion of the said new %uilding shall stand auto#atically
e-tended in any of the a%ove eventualities,

, )t is agreed %etween the 8arties hereto that the +wner shall give prior notice of D?
.thirty0 days in writing to the 'enants& when the said new 9at is ready for use and
occupation and co#plete in all respects and the 'enants shall within D? days of
receipt of such inti#ation take possession of the said new 9at as per#anent
alternative acco##odation, 'he +wner shall not %e lia%le to pay towards the
#onthly co#pensation towards te#porary alternate acco##odation fro# the e-piry
of D? days of giving inti#ation to the 'enants to take possession of the per#anent
alternate acco##odation,

, 'he 'enants shall also pay to the +wner at the ti#e of delivery of possession of the
said new 9at to the 'enants& the following2=

.a0 a su# of Rs,D>?6= .Rupees 'hree Aundred Fifty only0 as share #oney and entrance fee
for #e#%ership for the Co=operative Aousing Society to %e for#ed of all the Flat holders in
the proposed new %uildingJ

.%0 Rs,>???6= for for#ation and registration of the co=operative housing society and (egal
Charges of Rs,>&???6= for the sa#eJ

.c0 a su# of Rs,3I&???6= .Rupees 'wenty Four 'housand +nly0 eEuivalent to 3 #onths
outgoings as deposit towards their share6contri%ution to the Municipal 'a-es& :ater Charges&
and the Maintenance Charges of the said property& till the Co=operative Aousing Society or
other Association of 9at holders is for#ed and registeredJ

.d0 8ay every #onth fro# the date of e-piry of D? days written notice to the 'enants that
the said new 9at is ready for use and occupation& their proportionate share in Municipal
'a-es& :ater Charges& Maintenance Charges as #ay %e applica%le and levied in respect of
the said new 9at till the for#ation of the Co=operative Aousing Society or other Association
of the 9at holdersJ

.e0 Rs,?&???6= towards electric and water #eter and @re cess deposits,

, )f the 'enants fail to pay towards their share6contri%ution of #unicipal ta-es& water
charges and #aintenance charges of the said new 9at& the +wner shall %e entitled to
deduct the sa#e fro# the deposit #entioned in clause D.c0 a%ove, Any de@cit in the
said deposit a#ount shall %e #ade good %y the 'enants forthwith, , 'he +wner shall
not %e lia%le to #aintain separate account of such deposits received fro# the 'enants
and other tenants and Flat 8urchasers individually, 'he +wner shall render a
consolidated account to the Co=operative Aousing Society or other Association of the
9at holders and transfer the %alance after #aking all the aforesaid deductions to
such Society6Association,

>>"!, 'he +wner shall %ear and pay the entire costs& charges and e-penses for
redevelop#ent and construction of the said new %uilding including the following2

a, 8reparation and sanction of the plan for o%taining )+D& CC and other e-penses
reEuired for sanction of the 8lan for the construction work and the co#pletion of the
%uilding including deposits paya%le to the Municipal Corporation of Breater Mu#%ai
refunda%le or otherwiseJ

a, 'he charges and re#uneration of the Architects& R,C,C, Consultants& Surveyors&
Contractors& Construction Supervisors or such other personal reEuired to %e
engaged6e#ployedJ

a, Cost of la%our and raw #aterialJ

a, 'he charges and e-penses& if any& paya%le to MCBM& MAADA or other concerned
authorities %y way of deposit refunda%le or otherwiseJ

a, Cost of purchase of FS) %y way of 'DR fro# outside,

, +n the co#pletion of entire develop#ent& the +wner shall at its sole option for# a
Co=operative Society6(i#ited Co#pany6 Condo#iniu# and6or any other co##on
association and for that purpose the 'enants shall fro# ti#e to ti#e sign and e-ecute
the application for registration and6or #e#%ership and other paper and docu#ents
necessary for the for#ation and the registration of a society and for %eco#ing a
#e#%er& including the %ye=laws of the proposed society and duly @ll in& sign and
return to the +wner within four days of the sa#e %eing forwarded %y the +wner to
the 'enants& so as to ena%le the +wner to register the co##on association of the 9at
purchasers of the said new %uilding under section ? of the Maharashtra +wnership
Flats .Regulation of the 8ro#otion of Construction& Sale& Manage#ent and 'ransfer0
Act& 4KD within the ti#e li#it prescri%ed %y rule " of the Maharashtra +wnership
Flats .Regulation of the 8ro#otion of Construction& Sale& Manage#ent and 'ransfer0
Rules& 4KI or the co#pletion of develop#ent of the said new %uilding whichever is
later,

, 'he 'enants shall have no clai# whatsoever e-cept in respect of the said new 9at
here%y agreed to %e acEuired, All the open spaces& unallotted 9ats and other spaces
in the %uilding& etc, will re#ain the a%solute property of the +wner and the +wner if
so desires& #ay /oin in as a #e#%er of the Co=operative Society in respect of such
unallotted 9ats6oNces and other pre#ises and shall have full right a%solute power
and authority to deal with and to sell& transfer& lease& let or otherwise dispose of the
sa#e in any #anner and for such consideration& and on such ter#s and conditions&
as the +wner #ay in its sole and a%solute discretion dee# @t and proper and the
co##on association shall %e %ound to ad#it as #e#%ers& the purchasers of such
pre#ises without charging any pre#iu# or other e-tra pay#ent or charges,

, 'he tenancy rights of the 'enants in the said tenanted pre#ises shall stand
auto#atically surrendered upon the +wner oTering possession of the said new 9at to
the 'enants without reEuiring any further writing or act and that the 'enants shall not
%e entitled to clai# tenancy or any other rights in the proposed new %uilding or any
part thereof of whatsoever nature against the +wner save and e-cept in respect of
the said new 9at and further agrees to inde#nify and keep inde#ni@ed the +wner
against the sa#e,

, 'he 'enants here%y declare and state that no one e-cept the#selves have any right&
title or interest of any nature whatsoever in the said tenanted pre#ises and6or the
said 'ransit 8re#ises or any part thereof and that they have not created any third
party right therein or parted with possession of the sa#e or any part thereof to any
third party& or created any charge or encu#%rance of any nature whatsoever therein
or any part thereof and shall inde#nify and keep inde#ni@ed the +wner fro# and
against clai#s received fro# any third party including any fa#ily #e#%ers and6or
relatives of the 'enants,

, 'he 'enants shall not under any circu#stances transfer or assign their tenancy right
and6or create third party right of whatsoever nature in the said tenanted pre#ises
and6or their rights in respect of the said new 9at during the period of develop#ent of
the said property and further undertakes that the said new 9at shall %e used %y the#
for residential purpose only,

, 'he parties hereto shall not %e entitled to ter#inate and6or cancel this Agree#ent,

, 'his Agree#ent shall %e %inding on the parties hereto6heirs& e-ecutors and
ad#inistrators of the 'enants6+wners,

, 'he 'enants here%y e-pressly declare and con@r# that they have e-ecuted these
presents of their own free accord and will and without any coercion or undue
in9uence of whatsoever nature or act upon the#,

, At the ti#e of the 'enants handing over Euiet& vacant and peaceful possession of the
said 'ransit 8re#ises to the +wner& the 'enants shall furnish in writing to the +wner
the address to which any notice to the 'enants under this Agree#ent is to %e sent %y
the +wner and the 'enants shall keep the +wner infor#ed in writing of any change in
such address,

, 'he parties hereto shall %ear and pay the professional fees of their respective legal
advisors,

, 'he Courts in Mu#%ai shall have e-clusive /urisdiction to try disputes arising fro#
this Agree#ent,
I0 GI:0<99 G=<B<D$ the parties hereto have hereto set their respective hand and seals
4the said property5

A(( 'AA' piece or parcel of ground %earing C,',S, No,?>" and ?>4 of Village Vile 8arle&
%earing Survey No,3I! C R 3>? D& having 8lot No,I .8art0 and 8lot No, of 'own 8lanning
Sche#e No, V) and )))& containing %y ad#easure#ent a%out >>!,?K SE, #eters and 33KI,3?
SE, #eters respectively with the #essuages& tene#ents or dwelling houses& standing
thereon situate at Valla%h%hai 8atel Road& Vile 8arle .:0& Mu#%ai I?? ?>K& in the registration
District and Su%=District of Fo#%ay City and Fo#%ay Su%ur%an together with a %uilding
standing thereon na#ely Vrindavan Chawl at Valla%h%hai 8atel Road& Vile 8arle .:0 and
%ounded as follows2

+n the North 2
+n the Cast 2
+n the South 2
+n the :est 2
4Ot+e said :ransit /remises <5

Flat No,K?> ad#easuring I4K sE, ft, .carpet area0 on the K
th
9oor of %uilding known as
;Vrindavan 'e#porary 'ransit< standing on the said property descri%ed in the First Schedule
a%ove written,

%y the withinna#ed ;+wner< 0
;7D=ACI =DA9I0E N $I070< 0
D;/70F CI;I:<D 0
through its Director 0
Mr, 555555555555 0

%y the withinna#ed ;the 'enants< 0
415 ;B1 !=7#<9= 07#I0=70DB7 ;<=:7 0
425 ;B91 ;I07C!<0 !=7#<9= ;<=:7 0

VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
D7:<D :=I9 D7F D$ 2011

;7D=ACI =DA9I0E N $I070< D;/70F CI;I:<D
U the +wner

70D

;B1 !=7#<9= 07#I0=70DB7 ;<=:7 N 70B
U the 'enants

7EB<<;<0: $DB /<B;70<0: 7C:<B07:< 7D;;DD7:ID0

?indly 0ote 2

For registration of the 8AAA we would reEuire Y
a0 Clectricity and 'elephone Fill .at least > years old and new0
%0 (atest Rent Receipt and Receipt of at least prior to 3??!,
c0 Ration Card

7EB<<;<0: $DB /<B;70<0: 7C:<B07:< 7D;;DD7:ID0

'A)S 7EB<<;<0: $DB /<B;70<0: 7C:<B07:< 7D;;DD7:ID0 is #ade at Mu#%ai
this day of in the Christian 7ear 'wo 'housand and 'welve .3?30

!<:G<<0

;Js1 9a+a' 7nkur Bealtors& a partnership @r# registered under the provisions of the
)ndian 8artnership Act& 4D3& %y the hand of their partner Mr, Sunil Shah and having their
registered oNce at D?D& Bala-y Arcade& M,B, Road& Vile 8arle .Cast0& Mu#%ai I?? ?>!&
hereinafter referred to as ;:=< DG0<B < .which e-pression shall unless repugnant to the
conte-t or #eaning thereof& #ean and include the partners or partner for the ti#e %eing of
the said @r#& the survivors or survivor of the# and the heirs& e-ecutors& ad#inistrators of
the last surviving partner& their or his per#itted assigns0 of the D0< /7B:J

AND

55555555555555555555555555555555555 presently residing at
5555555555555555555555555555555555555555555555555555 & hereinafter referred to as ;'AC
'CNAN'< .which e-pression shall unless repugnant to the conte-t or #eaning thereof& #ean
and include his6her heirs& e-ecutors& ad#inistrators and per#itted assigns0 of the D:=<B
/7B: J

DB

.0 5555555555555555 .for self and as the Marta of his /oint and undivided Aindu fa#ily0& .30
55555555555& .D0 55555555555555 and .I0 5555555555555555 & all of Mu#%ai %eing the present
#e#%ers of their /oint and undivided Aindu fa#ily& hereinafter collectively referred to as
;'AC 'CNAN'S< .which e-pression shall unless repugnant to the conte-t or #eaning
thereof& #ean and include the #e#%ers or #e#%er for the ti#e %eing of the said /oint
Aindu Fa#ily& and their respective heirs& e-ecutors and per#itted assigns0 of the D:=<B
/7B:,

G = < B < 7 9 2

A, Pnder the Deed of slu#p Sale of Fusiness Pndertaking dated K
th
Nove#%er& 3?
registered with the Su%=Registrar of Assurances Fandra=I under Serial No, ?"4K63?& the
+wner purchased and %eca#e a%solutely seiLed and possessed of and otherwise well and
suNciently entitled to all that piece or parcel of ground %earing C,',S, Nos, K>! and K>!6 to
4 of Village Andheri& 'aluka Andheri .hereinafter referred to as ;t+e said Cand <0 together
with all the structures thereon including Fuilding Nos, HAG& HFG and HCG& situate at Andheri
Murla Road& Andheri .Cast0& Mu#%ai I?? ?K4& locally known as Madhav Faugh& which land
together with the three %uildings is #ore particularly descri%ed in the $irst
9c+edule hereunder written and is hereinafter collectively referred to as ;t+e said
/ro*erty <& and the aforesaid three %uildings are individually referred to as ;!uilding 7<&
;!uilding ! < and ;!uilding < and are collectively referred to as ;t+e said !uildings<J

F, A list of the occupants6tenants of the said Fuildings is anne-ed hereto as Anne-ure
;7<,

C, 'he 'enant is occupying Roo# No, 5555 ad#easuring 55555 sE, ft, .carpet area0 on the
55555 Floor of Fuilding 5555as a tenant thereof .hereinafter referred to as ; t+e :enanted
/remises<0 at a #onthly rent of Rs, 5555555 including all ta-es and per#itted increases,

D, 'he +wner proposes to develop the said 8roperty %y de#olishing the e-isting
structures and constructing thereon new %uildings and structuresJ

C, 8ursuant to the negotiations %etween the parties hereto the 'enant has agreed to
vacate and hand over vacant peaceful possession of the said 'enanted 8re#ises to the
+wner in lieu of the +wner allotting to the 'enant free of cost and on ownership %asis one
self=contained 9at %eing Flt No, 5555 ad#easuring 55555555 sE, ft, carpet area on the 555555
Floor of the proposed New Fuilding for purely residential purposes as and %y way of
per#anent alternative acco##odation .hereinafter referred to as ;t+e 0e. $lat<0 with an
Agree#ent %etween the parties hereto to #erge the said 'enancy of the 'enant6s with the
+wnership of the said new Flat on the 'er#s and Conditions and in the #anner set out
hereunderJ

), 'he 8arties are desirous of recording the said ter#s and conditions in writing in the

0DG > :=<B<$DB<> I0 D09ID<B7:ID0 D$ :=< ;A:A7C D#<070:9>
7EB<<;<0:9> B</B<9<0:7:ID09> G7BB70:I<9 70D I0D<;0I:I<9 9<: $DB:= I0
:=I9 7EB<<;<0:> 70D $DB D:= :=<
9A$$II<0F D$ G=I= I9 =<B<!F 7?0DGC<DE<D !F :=< /7B:I<9> :=< /7B:I<9
=<B<!F 7EB<< 79 $DCCDG9 2


3, 'he 'enant agrees to deliver Euiet& vacant and peaceful possession of the said
'enanted p8re#ises and in lieu thereof& the +wner agrees to provide& grant and allot to the
'enant on Hownership %asisG free of cost& one self=contained 9at %eing Flt No, 5555
ad#easuring 55555555 sE, ft, carpet area on the 55555 Floor in :ing 5555 of the proposed new
%uilding to %e constructed %y the +wner .;t+e said Be+ab Ging<0& the proposed Floor 8lan
whereof is anne-ed hereto as Anne-ure ;!<& for purely residential purposes as and %y way of
per#anent alternative acco##odation .hereinafter referred to as ;the New Flat<0 together
with the a#enities and facilities as set out in the list thereof anne-ed hereto as Anne-ure
; <,

D, 'he 'enant& as incidental to the grant of the New Flat& shall %e entitled to one MCBM
approved car parking space %earing No, 55555 on the said 8roperty,

I, 'he 'enant here%y declares& warrants& represents& assures and covenants with the
+wner as under 2

.i0 No person6s apart fro# the 'enant is entitled to the tenancy in respect of the
'enanted 8re#ises or any part or portion hereofJ

.ii0 'hat the 'enanted 8re#ises is free fro# any lien& charge or encu#%rances or
attach#ents or /udge#ent or other de%ts or encu#%rances or clai#s whatsoeverJ

.iii0 'hat the 'enanted 8re#ises is free fro# any litigation or enEuiry and no dispute
relating to the sa#e or any of part thereof is pending in any Court& 'ri%unals& or %efore any
Statutory or $uasi Judicial AuthorityJ

.iv0 'hat the 'enant has good right& full power and a%solute authority to hand over the
'enanted 8re#ises unto the +wner and to e-ecute these presentsJ and that he6she is in no
#anner directly or indirectly prevented fro# entering into this Agree#ent& the transaction
herein conte#plated and #erging his6her tenancy rights& possession& use and occupation
with the +wnership of the said New Flat to %e provided to the 'enant %y the +wnerJ

.v0 'hat the 'enant has not created any lease or su%=tenancy or (ease (eave and
(icense in respect of the said 'enanted 8re#ises or any portion thereof in favour of any third
party and that the 'enant alone is in e-clusive possession& occupation and use of the
'enanted 8re#isesJ

.vi0 'hat no one has clai#ed or is entitled or has any right to clai# the tenancy in
respect of the 'enanted 8re#ises or any part thereof and there are no circu#stances
preventing the 'enant for e-ecuting these presentsJ

.vii0 'hat prior to entering into this Agree#ent the 'enant has not concluded any
negotiations and6or entered into any Me#orandu# or Pnderstanding or Contract or
Agree#ent with anyone who#soever for transfer of the tenancy in respect of the 'enanted
8re#ises or to create any interest of any other nature whatsoever therein and6or accepted
any token #oney or earnest #oney or deposit or other like su# fro# any one in respect
thereofJ

relying on the aforesaid representations and state#ents #ade %y the 'enant the +wner has
agreed to enter into the transaction herein conte#plated and the 'enant shall inde#nify and
keep inde#ni@ed the +wner fro# and against all clai#s& de#ands& attach#ents& suits&
actions& proceedings& any process issued %y any Court or authority and all losses& da#ages&
costs .including legal costs and attorney fees0& e-penses and charges& lia%ility& clai# or
conseEuences of whatsoever nature which #ay arise out of any of the state#ents&
representations and declarations #ade %y the 'enant hereina%ove turning out to %e untrue&
false& #isleading or a#ounting to a #isrepresentation and the 'enant shall also inde#nify
and keep inde#ni@ed the +wner against all for#er and other clai#s charges and
encu#%rances of whatsoever nature #ade& %y any person or persons lawfully or eEuita%ly
clai#ing or to clai#& %y fro#& under or in trust for the 'enant& or any of the#,

>, :ithin D? days of sanction of %uilding plans in respect of the said Reha% :ing& the
+wner and the 'enant shall identify and ear#ark the New Flat and ear#ark one open car=
parking space to %e allotted to the 'enant in the said Reha% :ing& on the copy of the
sanctioned %uilding plan,

K, )t is e-pressly agreed %y and %etween the parties hereto that the +wner has agreed
to allot additional area in the New Flat .i,e, over and a%ove the e-isting area of the 'enanted
8re#ises0 and one open car parking space free of cost on ownership %asis to the 'enant on
the e-press understanding and assurance of the 'enant that he6she shall co=operate with the
+wner in the redevelop#ent of the said 8roperty under the applica%le D,C, Regulations
without causing any o%struction6hindrance of whatsoever nature to the ti#ely co#pletion of
the develop#ent of the said 8roperty as envisaged herein and shall if reEuired sign and
e-ecute all applications& letters and other necessary docu#ents and papers which are not
inconsistent with these presents as #ay %e reEuired under law %y the Municipal Corporation
of the Breater Mu#%ai .MCBM0 and6or any other Authority for sanctioning of the %uilding
plans under the applica%le D,C, Regulations& )+D& CC and overall develop#ent of the said
8roperty,

!, 'he +wner shall pay to the 'enant an a#ount of Rs,>&??&???6= .Rs, Five (akhs only0
in the #anner stated herein %elow as and %y way of co#pensation for the dislocation&
hardship and inconvenience2,

a, Rs, &??&???6= .Rupees +ne (akh only0 %eing 3?W of the said a#ount at the ti#e of
e-ecution hereof .the receipt whereof the 'enant doth here%y ad#it and acknowledge and of
an fro# which forever discharges the +wner0J and

%, Rs, I&??&???6= .Rupees Four (akhs only0 %eing the %alance "?W of the said a#ount at
the end of 3I #onths fro# the date of signing of the Agree#ent,

", 'e#porary alternate acco##odation fro# the date of handing over of possession of
the 'enanted 8re#ises to the +wner till the date of the +wner oTering possession of the
New Flat to the 'enant as per clause ! %elow shall %e the sole responsi%ility of the 'enant
and the 'enant alone shall #ake suita%le arrange#ents for such te#porary alternate
acco##odation /BD#ID<D :=7: the +wner shall pay to the 'enantJ

a, a #onthly co#pensation of Rs, 3>&???6= .Rupees 'wenty Five 'housand only0 per
#onth which the +wner shall pay to the 'enant in advance for a period of 3I #onths& i,e,
Rs,K&??&???6= .Rupees Si- (akhs only0 per 'enant .;t+e :ransit Bent<0J

%, %rokerage of Rs,3>&???6= .Rupees 'wenty Five 'housand only0 that the 'enant #ay
have incurred in @nding such te#porary acco##odation& su%/ect to a #a-i#u# of one
#onthGs 'ransit RentJ

c, oneti#e transportation costs of Rs, ?&???6= for shifting fro# the 'enanted 8re#ises
to the te#porary alternate acco##odation and fro# the te#porary alternate
acco##odation to the New Flat,

'he 'ransit Rent shall %e paid %y the +wner to the 'enant %y
CheEue and in advance for the ter# of 3I .twenty four0 #onths, Ppon the e-piry of the said
initial ter# of 3I .twenty four0 #onths the +wner shall pay to the 'enant %y cheEue and in
advance the 'ransit Rent for another ter# of 3 .twelve0 #onths, )n the event the New Flat
is not ready for use and occupation %y the 'enant on the e-piry of the said period of twenty
four .3I0 #onths then the a#ount of 'ransit Rent of Rs, 3>&???6= .Rupees 'wenty Five
'housand only0 #entioned hereina%ove shall %e escalated to Rs,3!&>??6= .Rupees 'wenty
Seven 'housand Five Aundred only0 upon the e-piry of the said ter# of 3I .twenty four0
#onths and the +wner shall pay to the 'enant the enhanced 'ransit Rent in advance for a
#ini#u# 'er# of 3 .'welve0 #onths till such ti#e #entioned in clause ! hereunder, 'he
+wner shall not %e lia%le for any a#ount paya%le %y the 'enant as and %y way of security
deposit and save and e-cept the a#ounts #entioned in clause " a%ove the +wner shall not
%ear nor shall it %e lia%le to #ake any pay#ents of whatsoever nature in relation to the
te#porary acco##odation to the 'enant,

4, )t is here%y agreed %y and %etween the parties hereto that the 'enant shall continue
to pay the rent in respect of the 'enanted 8re#ises till the ti#e the 'enant shifts to the
te#porary alternate acco##odation& and thereupon the pay#ent of #onthly rent shall
cease and it shall %e dee#ed that the 'enancy of the 'enant for the 'enanted p8re#ises has
#erged into the +wnership of the said New Flat,

?, 'he 'enant shall within D? days of e-ecution hereof clear all past electricity %ills&
#unicipal ta-es& arrears of rent and other outgoings of whatsoever nature paya%le %y the
'enant in relation to the 'enanted 8re#ises and shall further furnish to the +wner the latest
%ills in respect thereof together with the respective receipts,

, )t is here%y agreed %y and %etween the parties hereto that the 'enant shall re#ove
hi#self6herself& his6her fa#ily #e#%ers& servants and agents including all his6her %elongings
fro# the 'enanted 8re#ises and deliver and hand over vacant and peaceful possession of
the 'enanted 8re#ises for the purpose of de#olition to the +wner within a period of K? days
fro# the date of the sanction of %uilding plans in respect of the proposed new %uilding and
receipt of a true copy of the )nti#ation of Disapproval .),+,D,0 in respect thereof to %e served
%y the +wner to the 'enant,

3, 'he +wner shall develop the said 8roperty under D,C, Regulations and construct a
%uilding co#prising of three :ings each :ing co#prising of ground and such upper 9oors as
#ay %e per#itted and sanctioned %y utiliLing the entire FS) including all other %ene@ts %y
whatever na#e called as #ay %e availa%le in respect of the said property and in accordance
with the plans that #ay %e sanctioned %y Municipal Corporation of Breater Mu#%ai .MCBM0
and if so reEuired %y any statutory authority& the +wner shall %e entitled to a#end the
approved %uilding plans provided the proposed A#end#ents are @rst forwarded to the
Co##ittee of 'enants constituted %y .0 55555555& .30 555555555& .D0 5555555555& .I0 555555555
and .>0 55555555555 and o%taining approvaled thereof in writing fro# the #e#%ers of the said
Co##ittee,

D, Pntil the 'enant herein and all other 'enants of the Madhav Faug %uilding are re=
acco##odated in the New Fuilding %y providing to the# New Flats of the #ini#u# carpet
area of I"? sE, ft, the +wner shall not %e entitled to hand over possession of the re#aining
New Flat6Flats to the Fuyers of 9ats in New Fuilding fro# the +wner,

I, 'he 'enant here%y gives his6her irrevoca%le consent and No +%/ection to the +wner
for developing the said 8roperty as per the plan that #ay %e sanctioned %y the MCBM %y
using and consu#ing the entire availa%le FS) and the 'DR in respect of the said 8roperty and
for de#olishing the said Fuildings and the 'enant here%y agrees and undertakes to e-ecute
such deeds& docu#ents and6or writings as #ay %e reEuired %y any authority6authorities and
give no o%/ection for the purpose whenever reEuired,

>, Ppon the 'enant delivering vacant and peaceful possession of the 'enanted 8re#ises
to the +wner& the +wner shall %e entitled to de#olish the 'enanted 8re#ises and co##ence
thereon the proposed construction,

K, 'he +wner shall carry out and co#plete the work of the said Reha% :ing and oTer
possession of the New Flat to the 'enant within a period of 3I #onths fro# the date of
receipt of the Co##ence#ent Certi@cate with a grace period of K .si-0 #onths su%/ect
however to force #a/ euoure circu#stances, Su%/ect to Euiet& vacant& peaceful possession
of the said 8roperty %eing o%tained %y the +wner fro# all the occupants6tenants of the said
Fuildings the de#olition of the said Fuildings shall co##ence on 5555555, Aowever the ti#e
li#it for co#pletion shall stand auto#atically e-tended in the event of delay in co#pletion
due to following circu#stances2 ,

.i0 war& civil co##otion or act of Bod or force #a/euoure circu#stances aTecting the
said 8ropertyJ,

develop#ent in respect of the said propertyJ,

.iii0 any o%struction6hindrance %y any of the tenants6 occupants in any #anner
whatsoever,

!, 'he +wner shall provide an unconditional and irrevoca%le %ank guarantee for a su#
of Rs,3&??&??&???6= .Rupees 'wo Crores .#ini#u#0 only0 .;t+e !ank Euarantee<0 in favour
of all the tenants6occupants collectively which shall %e deposited with the Advocates and
Solicitors of the said tenants6occupants, 'he a#ount of the Fank Buarantee shall reduce
correspondingly as the construction of the said Reha% :ing progresses as shown in the
ta%le %elow and shall accordingly %e replaced %y a New Fank Buarantee .;t+e 0e. !ank
Euarantee<0,

r.
No.
ta -te of Construction of the
sai) RehaD Ein-
Percenta-e of
Re)uction in the BanG
Guarantee
-.
$.
(ompletion of Plinth
(ompletion of Second floor Slab
$K
-!K
# (ompletion of SiD floor Slab #!K
". (ompletion of 0welfth floor Slab $K
. &ccupancy (ertificate -!K

'he Fank Buarantee or the New Fank Buarantee& as the case #ay %e& will %e discharged
upon the +wner o%taining the +ccupancy Certi@cate of all the said Reha% :ings wherein the
'enant and the other 'enants of the Fuilding Madhav Faug are to %e re=acco##odated in
New Flats on +wnership %asis, )n the event the +wner fails to co#plete the said Reha% :ing
within the stipulated period& the tenants6occupants will %e entitled to invoke the Fank
Buarantee or the New Fank Buarantee as the case #ay %e after giving to the +wner D?
.thirty0 days prior notice in writing calling upon the +wner to co#plete the said Reha% :ing,

'he funds received pursuant to the invocation of the Fank Buarantee shall %e utiliLed %y the
tenants6occupants including the 'enant su%/ect to suNciency of funds for the said re#aining
works the 'enant only for co#pletion of the construction in all respects with all a#enities
and facilities as aforesaid and thereupon if after the works are co#pleted R co#pletion
certi@cate is issued %y the MCBM neither the 'enant nor any of the tenants6occupants shall
have any clai# of whatsoever nature against the +wner and any a#ounts re#aining
unutiliLed after the co#pletion of the said Reha% :ing %y and tenants6occupants shall %e
refunded to the +wner, )f there %e any shortfall after invoking of the earlier Buarantee or
New Buarantee as the case #ay %e& the +wner shall provide to the 'enants a#ount eEual to
such shortfall as esti#ated %y 'enantsG Architect through the said Co##ittee of 555555
5555555 5555555 and if the +wner fails to do so& the 'enant shall %e entitled to recover the
sa#e fro# the +wner and all their partners %y adopting such process or proceedings as the
case #ay %e and till then such a#ount to %e paid %y the owners to the co##ittee of the
tenants shall %e a charge on the whole of the said property,

", +n the New Flat %eing ready for use and occupation the +wner shall oTer possession
of the New Flat to the 'enant and the 'enant shall within D? days of receipt of such oTer take
possession of the New Flat on ownership %asis and as per#anent alternative
acco##odation,

4, 'he 'enants shall also pay to the +wner at the ti#e of delivery of possession of the
New Flat to the 'enant or the e-piry of the aforesaid period of D? days fro# the receipt of
the written inti#ation to take possession of the New Flat whichever is earlier& the following 2=

fee for #e#%ership of the Co=operative Aousing Society to %e for#ed of all the 9at holders
in the proposed new %uilding J,

m .%0 Rs 3>??6=6= .Rupees 'wo thousand @ve hundred only0 for for#ation and registration
of the co=operative housing society and legal charges of Rs,555555556= .Rupees
m555555555555550 for the sa#eJ,
\ m
m .c0 a su# of Rs,K?&???6= .Rupees Si-ty thousand only0 m eEuivalent to 3 #onths
outgoings as deposit towards their mshare6contri%ution to the :ater Charges& and
the mMaintenance Charges of the said property& till the
m Cooperative Aousing Society of 9at holders is for#ed and m registered,
\ m
m .d0 Rs,?&???6= .Rupees 'en thousand only0 towards melectric #eter deposits,

'he 'enant shall fro# the date of e-piry of D? days of the +wner oTering to the 'enant
possession of the New Flat %eco#e lia%le to pay their proportionate share in Municipal 'a-es&
:ater Charges& Maintenance Charges as #ay %e applica%le and levied in respect of the New
Flat to the +wner or to the Co=operative Aousing Society of the 9at holdings when for#ed,

m 3?, )f the 'enant fails to pay towards their share6contri%ution of m #unicipal ta-es& water
charges and #aintenance charges of the mNew Flat& the +wner shall %e entitled to deduct
the sa#e fro# the mdeposit #entioned in clause ".c 0 a%ove, Any de@cit in the
said mdeposit a#ount shall %e #ade good %y the 'enant forthwith, 'he m+wner shall not %e
lia%le to #aintain separate account of such \ mdeposits received fro# the 'enant and other
tenants and 9at mpurchasers individually, 'he +wner shall render a consolidatedmaccount to
the Co=operative Aousing Society of the 9at holders mand transfer the %alance after #aking
all the aforesaid deductions
mto such Society6Association,

3, 'he +wner shall %ear and pay the entire costs& charges and e-penses for
redevelop#ent and construction of the said 8roperty including the following 2

a, 8reparation and sanction of the plans for o%taining inti#ation of Disapproval .)+D0&
Co##ence#ent Certi@cate .CC0& +ccupation Certi@cate .+C0 and other e-penses incurred in
the construction and the co#pletion of the pro/ect including any pre#iu# for FS) .Floor
Space )nde-0 or other deposits paya%le to the Municipal Corporation of Breater
Mu#%ai6refunda%le or otherwiseJ

%, 'he charges and re#uneration of the Architects& R,C,C, Consultants& Surveyors&
Contractors& Construction Supervisors or such other personnel reEuired to %e
engaged6e#ployedJ

c, Cost of la%our and raw #aterialJ

d, 'he charges and e-penses& if any& paya%le to Municipal Corporation of Breater
Mu#%ai or any other %ody or authority J,

e, Cost of purchase of FS) %y way of 'DR fro# outside,

33, +n the co#pletion of entire develop#ent& the +wner shall for# a Co=operative
Society and for that purpose the 'enant shall fro# ti#e to ti#e sign and e-ecute the
application for registration and6or #e#%ership and other paper and docu#ents necessary
for the for#ation and the registration of the society %eco#ing a #e#%er thereof& adopting
the %ye=laws of the proposed society or any other related purpose and duly @ll in& sign and
return to the +wner within D? .thirty0 days of the sa#e %eing forwarded %y the +wner to the
'enant& so as to ena%le the +wner to register the society of the 9at purchasers of the said
new construction under section ? of the Maharashtra +wnership Flats .Regulation of the
8ro#otion of Construction& Sale& Manage#ent and 'ransfer0 Act& 4KD, Further& su%/ect to
clause 3D %elow the +wner shall also convey in favour of the said Society the said (and
together with the new %uilding and construction carried out thereon %y e-ecuting and
registering a suita%le Deed of Conveyance as per the provisions of the said Act provided that
the proportionate sta#p du lty and registration so far as it concerns the 'enant the sa#e
shall %e %orne and paid %y the +wner herein,

3D, 'he parties here%y agree that this agree#ent is an Agree#ent of +wnership as
provided under the Maharashtra +wnership Flats .Regulation of the 8ro#otion of
Construction& Sale& Manage#ent and 'ransfer0 Act& 4KD,

3I, 'he 'enant shall not under any circu#stances transfer or assign their tenancy right
and6or create third party right of whatsoever nature in the 'enanted 8re#ises and6or their
rights in respect of the said New Flat during the period of develop#ent of the said 8roperty
and the 'enant further undertakes that the New Flat shall %e used %y the# for residential
purpose only,
3>, 'he parties hereto shall not %e entitled to ter#inate and6or
cancel this Agree#ent,

3K, 'he 'enant and +wner here%y e-pressly declare and con@r# that they have
e-ecuted these presents of their respective own free accord and will and without any
coercion or undue in9uence of whatsoever nature or act upon the# or any of the#,

3!, At the ti#e of the 'enant handing over Euiet& vacant and peaceful possession of the
'enanted 8re#ises to the +wner& the 'enant shall furnish in writing to the +wner the address
to which any notice to the 'enant under this Agree#ent is to %e sent %y the +wner and
change in such address,

3", No #odi@cation or a#end#ent of this Agree#ent and no waiver of the ter#s or
conditions hereto shall %e %inding unless #ade speci@cally in writing duly e-ecuted %y the
parties hereto,

34, 'his Agree#ent together with the Anne-ures hereto constitute the entire agree#ent
%etween the parties hereto with respect to the #atters dealt with herein and supersedes all
prior docu#ents& undertakings& agree#ents representations& warranties or understandings&
oral or written %etween the parties in relation to such #atters,

D?, Sta#p duty and registration charges in respect of this Agree#ent and any other
docu#ent6instru#ent incidental hereto shall %e %orne and paid %y the +wner alone, 'he
parties hereto shall& however& %ear and pay the professional fees of their respective legal
advisors,

D, 'he Courts in Mu#%ai shall have e-clusive /urisdiction to try disputes arising fro#
this Agree#ent,

D3, 'his Agree#ent shall %e e-ecuted in duplicate& each of which shall %e dee#ed to %e
an original& %ut all of which together shall constitute one and the sa#e instru#ent, 'he
counterpart sta#ped at full a#ount shall %e retained %y the 'enant and shall %e registered
and the counterpart sta#ped no#inally shall %e retained %y the +wner,

DD, 'he 8er#anent Account Nu#%er of the parties hereto are as under 2=

'he +wner 5555555555555555555
'he 'enant 5555555555555555555
)N :)'NCSS :ACRC+F the parties hereto have hereto set their
respective hand he day and year @rst hereina%ove written,
:=< $IB9: 9=<DAC< 7!D#< B<$<BB<D :D
4t+e said /ro*erty5

All the pieces and parcels of land or ground together with the structures known as ;Madhav
Faugh< %eing Fuilding No, HAG& Fuilding No, HFG and Fuilding No, HCG standing thereon situate
at Andheri Murla Road& Andheri .Cast0& Mu#%ai I?? ?K4 ad#easuring "!!,> sE, #trs in the
aggregate .as per the 8roperty Register Card0 and %earing C,',S, Nos, K>! and K>!6 to 4
situate at Village=Andheri in the Registration District and Su%=district of Mu#%ai City and
Mu#%ai Su%ur%an,

7nnexure 7
Cist of 7menities
, 4,K feet high ceilingJ
3, Dry %alconyJ
D, 8assages within :ing A as per the nor#al %uilding practices and the standard nor#s
laid down %y the Municipal Corporation of the Breater Mu#%aiJ

I, +ne (ift per :ing,
.<@=7A9:I#< 0<G 7;<0I:I<9 CI9: :D !< /BD#ID<D !F :=< D<#<CD/ :=< 7!D#< CI9: !<I0E I0D;/C<:<5

Fy the withinna#ed +wner 0
;Js1 97=7J 70?AB B<7C:DB9 0
through its Authorised Signatory 0
Mr, Sunil Shah 0
)n the presence of U 0
,
3,

Fy the withinna#ed 'enant 0
415 ;B1J;91 2222222222222 0
in the presence of 0
,
3,

skeleton=agree for per alt acco

VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
DA'CD 'A)S DA7 +F
3?3


;Js1 97=7J 70?AB
B<7C:DB9
,,
the +wner
70D

5555555555555555555555
,,
the 'enant

7EB<<;<0: $DB
/<B;70<0:
7C:<B07:< 7D;;DD7:ID0


;J91 ;7=<9= J70I N D1
Solicitors& Advocates R Notary&
D6IA& Ali Cha#%ers&
'a#arind St, Fort&
MPMFA) Y I?? ??

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agree for per alt acco .doc0

onsent Cetter
'o2
'he Chief +Ncer&
M,F,R, R R,F,&
Briha Nir#an Fhavan&
Fandra .Cast0&
Mu#%ai I?? ?>,

And

'he C-ecutive Cngineer&
Fuilding 8roposal .City0&
M,C,B,F,&
?& Sheikh Aa@Luddin Marg&
Fyculla&
Mu#%ai I?? ??",

Su% 2 Consent letter fro# tenant6occupant for redevelop#ent of property %earing
Cadastral Survey No, 6!? of (ower 8arel Division Final 8lot No, ??! '8S )V Mahi#
Division Sayani Road& and Nardulla 'ank 3
nd
lane& Mu#%ai,

Dear Sirs&

)& the undersigned 5555555555555555555555& Shri 5555555555555555& aged a%out 555&
here%y state that ) a# the tenant residing on 5555 9oor of the structure recorded under
Municipal B .North0 :ards No, D?"K="!.0& at the a%ove #entioned property& co##only
known as %uilding No, !I& Aa/i )s#ail chawl,

) here%y give #y consent for the redevelop#ent of the said property on the following
conditions2

.0 'he said consent6no o%/ection is only for MAADA to issue N,+,C, for redevelop#ent of
;A< category cessed structure under D,C, Regulations DD.!0 and M,C,B,F, approving or
sanctioning the plans of the said propertyJ

.30 'his consent6no o%/ection shall not %e utiliLed %y the +wner for any other purpose
e-cepting the purpose as stated in the clause No, aforesaidJ

Confirm this clause
.D0 'he carpet area of the per#anent alternate acco##odation oTered to #e shall %e
33> sE, ft, carpet area in the %uilding to %e constructed for saleJ

+r
Shall %e eEuivalent to the area occupied %y #e presently and the sa#e shall %e in
the %uilding to %e constructed for saleJ

.I0 'he @nal alternative acco##odation agree#ent %etween #yself and the +wners
regarding clause No, D aforesaid is yet to %e signedJ

.>0 'he a#enities to %e provided in the alternative acco##odation #entioned in clause
No, D shall %e #utually decidedJ

.etails su/ect to confirmation

.K0 'he te#porary alternate acco##odation .transit acco##odation0 during the interi#
period of construction shall %e #utually accepted and shall %e within the plot itself,

) a# giving this consent6no o%/ection letter out of free will& voluntarily and without
any coercion& force or pressure,

Signed %y the withinna#ed 0
555555555555555555555 on this 0
55555 day of 55555555 3??!, 0

555555555555 %etween 415 7!DAC E70I 7!!7 of Mu#%ai )ndian )nha%itant residing at
55555555555555555555555555555 and 425 P7?IADDI0 79E<B7CF !7?<B of Mu#%ai )ndian
)nha%itant residing at 555555555555555555555555555555555555555& hereinafter collectively
or #eaning thereof %e dee#ed to #ean and include their respective heirs& e-ecutors and
ad#inistrators0 of the +ne 8art and 2222222222222222222222 of Mu#%ai )ndian )nha%itant
residing at 555555555555555555555555555555555555555555555555& hereinafter referred as 6t+e
%e dee#ed to #ean and include his6her6their heirs& e-ecutors& ad#inistrators and assigns0
of the +ther 8art2

G = < B < 7 9 H

A, 'he +wners are a%solutely seiLed and possessed of or otherwise well and suNciently
entitled to all that piece or parcel of land and are the +wners of the %uilding No, !I& Aa/i
)s#ail chawl .hereinafter referred to as ;the said %uilding<0 situate at Sayani Road D?& D?A&
Nardulla 'ank& 3
nd
Floor& and #ore particularly descri%ed in the First Schedule hereunder
written .hereinafter referred to as ;the said property<0,

F, 'he said %uilding consists of 555 9oors and #ore particularly descri%ed in the Second
Schedule hereunder written, 'he said %uilding is a cessed %uilding %earing Cess No,
D?"K"!.0J

F, 'he 'enant is one of the #onthly tenant in the said %uilding and is in use and
occupation of Shop6Ro# No, 555 ad#easuring 55 sE, ft, carpet area on the 5555555 9oor and
is paying a #onthly rent of Rs, 55555556= including all ta-es and per#itted increases
.hereinafter referred to as ;the said tenanted pre#ises<0 and the said tenancy is valid and
su%sisting, Copies of the rent receipts of the 'enant are anne-ed hereto and collectively
#arked as 7nnexure 678 J

ANNX-A

C, 'he +wner is desirous of redeveloping the said property %y de#olishing the said
e-isting %uilding and constructing a new %uilding thereon in accordance with plans and
speci@cations that #ay %e sanctioned and approved %y the Municipal Corporation of Breater
Mu#%aiJ

D, 'he +wner proposes to construct %uilding 5555 after de#olishing the 5555 structure as
per prevailing provisions and rules fra#ed %y the Maharashtra Aousing R Area Develop#ent
Authority after o%taining the reEuisite consent of the tenants of the said %uilding as shown
on the pan anne-ed hereto and as de#arcated in green colour %oundary line& hereinafter
referred to as ;the said portion< su%/ect to necessary sanctions and approvals of concerned
authority6authorities in that %ehalfJ

C, Accordingly& the +wners have approached the 'enant for the purpose of o%taining
vacant possession of the said tenanted pre#ises and as a result of negotiations %etween the
+wners and the 'enant& the 'enant has agreed to surrender to the +wners the vacant
possession of the said tenanted pre#ises and the owners agreed to provide to the 'enant
per#anent alternative acco##odation of 33> sE, ft carpet area in the %uilding 5555555 free
of cost and on ownership %asisJ

F, 'he tenants of the said %uilding have agreed to accept per#anent alternative
acco##odation in for# of their respective shops69ats which #ay %e allotted to the# in lieu
of their e-isting tenanted pre#ises %y surrendering& releasing and relinEuishing all their
right& title and interest in tenancy in respect of their respective e-isting tenanted pre#isesJ

B, After the negotiations %etween the parties hereto the following agree#ent is arrived
at and it is proposed to e-ecute this Agree#ent in ter#s thereof,

/7B:I<9 =<B<:D 79 $DCCDG9H

, 'he +wners agree& con@r# and declare that the 'enant is the #onthly tenant in
respect of pre#ises on 5555 9oor ad#easuring appro-i#ately 555 sE, ft, paying the rent of
Rs, 55556= p,#, and the said tenancy is valid and su%sisting,

3, )t is agreed that su%/ect to the provisions of and Rules fra#ed %y the Maharashtra
Aousing and Area Develop#ent Authority and su%/ect to the plans approved %y the Mu#%ai
Municipal Corporation the owners shall cause to construct proposed %uilding ;555555555<,

D, )t is agreed that the 'enant will e-tend his full co=operation to the +wner and other
occupants of the said %uilding till the construction of proposed %uilding 55555555555555 is
co#pleted and till the shop69at is allotted to respective tenants for occupation in the
proposed %uilding 5555555 is co#pleted and till the shops69ats are allotted to respective
tenants for occupation in the proposed %uilding on ownership %asis ,

I, 'he 'enant here%y agrees and declares that he is in e-clusive use& occupation and
possession of his e-isting tenanted pre#ises and he has not created any right& title and
interest in respect of his e-isting tenanted pre#ises in favour of any third party,

>, )t is agreed that the 'enant will continue to %e the #onthly tenant in respect of his
present tenanted pre#ises on the sa#e ter#s and conditions until the ti#e he physically
shifts to the shop69at in the proposed %uilding 555555555 which is allotted to hi# in lieu of his
present tenanted pre#ises,

K, )t is agreed that 'enant will %e allotted Shop6Flat No, 5555555555 on the 55555555 9oor
of the proposed new %uilding of carpet area 33> sE, ft, in lieu of his e-isting tenanted
pre#ises as shown on proposed plan of the shop69at de#arcated in yellow colour wash,

!, )t is agreed that the 'enant will& within D? days fro# the date of receipt of notice
fro# the +wner inti#ating hi#6her to occupy shop69at in the proposed new %uilding Euit&
vacate and hand over vacant and peaceful possession of e-isting tenanted pre#ises %y
surrendering all her right and interest in tenancy in respect of the e-isting tenanted
pre#ises,

", 'he 'enant agrees and undertakes to /oin the Co=operative Aousing Society that will
%e for#ed %y the occupants of 9ats of the proposed new %uilding as a #e#%er thereof and
for that purpose he6she will sign all for#s& applications etc, as #ay %e reEuired for
registration of society, 'he 'enant will also& %efore occupying the shop69at in the proposed
new %uilding deposit with the +wners a su# of Rs,55556= co#prising of Rs,55556= %eing price
of @ve shares of the proposed Co=operative Aousing Society and Rs,5556= as entrance fee,

4, 'he 'enant agrees that the 'enant shall %efore taking possession of the per#anent
alternate acco##odation pay to the +wners such su# as #ay %e de#anded %y the +wners
towards deposits of outgoings& non refunda%le a#ount towards electric #eter deposit& water
#eter deposit& legal charges or any such su# which the +wners #ay recover fro# any other
prospective shop69at purchaser in the proposed new %uilding, 'he 'enant further agrees to
deposit with the +wner a su# of Rs, 5556= towards the cost of registration of the proposed
society,

?, )t is agreed that once the society is registered the 'enant as a #e#%er thereof will
%e %ound %y all %ye=laws& rules and decision of the society,

, Notwithstanding anything contained herein the +wners will not %e %ound to allot on
ownership %asis the 9at in the proposed new %uilding to the 'enant unless the a#ounts
#entioned in Clauses " and 4 a%ove as well as all other #onies paya%le %y the 'enant to the
+wners under this Agree#ent are paid to the +wners,

3, Ppon the 'enant handing over vacant possession of the said tenanted pre#ises to
the +wners& the +wners shall %e entitled to de#olish the said tenanted pre#ises and
proceed with the construction of the new %uilding on the said property,

D, 'he 8arties hereto agree that the handing over of the possession of 'enanted
pre#ises %y the tenant shall not a#ount to surrender of tenancy of the said 'enanted
8re#ises, 'he tenant however shall have to continue to pay the rent per #onth in respect of
the said tenanted pre#ises to the +wners every #onth, 'he 8arties hereto agree that only
upon handing over the per#anent alternate acco##odation on ownership %asis agreed to
%e given %y the +wners to the 'enants in the #anner as provided herein& the 'enant& shall
not continue to %e tenant of the +wners and shall thereafter %e dee#ed to have surrendered
his tenancy in respect of the 'enanted 8re#ises in the said Fuilding and the 'enant shall
have no right& titles& interest& clai# or de#and of any nature whatsoever in to over or upon
the said 'enanted pre#ises and6or the tenancy6occupancy rights thereof,

I, 'he 'enant here%y agrees and con@r#s that he6she will not raise any o%/ection or
he6she will not lodge any co#plaint with any local authorities regarding any te#porary
inconvenience which #ay %e caused to hi#6her during the course of construction of the said
%uilding %y the +wners,

>, 'he 'enant doth here%y gives his6her irrevoca%le consent to the +wners and all the
concerned authorities for the purpose of de#olition6redevelop#ent of the said property as
per provisions and rules fra#ed %y MAADA authority #ore particularly descri%ed in the First
and Second Schedules hereunder written,

K, )t is agreed that sta#p duty& if any& paya%le on these presents or any other
docu#ent to %e e-ecuted in pursuance hereof shall %e paid %y the 'enant,

)N :)'NCSS :ACRC+F the parties hereto have hereunto put their respective hands the day
and year @rst hereina%ove written,


A(( 'AA' piece and parcel of land containing an area of K"! sE, yds, eEuivalent to >!I,43
sE, #trs or therea%outs %eing Final 8lot No, ??! '8S )V Mahi# Division and %ears Cadastral
Survey No, 6!? of (ower 8arel Division and %ears Municipal B .North0 :ards No, D?"K=
"!.0& Street No, !I=!IC& !K=!KF and D?=D?A at Sayani Road& and Nardulla 'ank 3
nd
lane&
Mu#%ai,


A(( 'AA' structure known as ;%uilding No, !I< situate lying and %eing at Sayani Road& and
Nardulla 'ank 3
nd
lane& Mu#%ai consisting of 5555555555 ad#easuring appro-i#ately 555 sE,
ft, eEyivalent to 5555 sE, #trs situate lying and %eing on the said property,

7!DAC E70I 7!!7 0
P7?IADDI0 79E<B7CF !7?<B 0

22222222222222222222222 0
D7:<D :=I9 222 D7F D$

FC':CCN

7!DAC E70I 7!!7 N 70B1
,,, +wner
AND

22222222222222222222
,,, 'enant

7EB<<;<0: $DB /<B;70<0:
7C:<B07:< 7D;;DD7:ID0

Permanentalternateacco Agmt

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