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AGREEMENT FOR SALE

THIS AGREEMENT FOR SALE is made this day of Two


Thousand and Eighteen (2018)

BETWEEN
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SRI AVIJIT KAR, (PAN – AESPK9278E), son of Late Debesh Chandra Kar, by faith
: Hindu, by Occupation : Business, by Nationality : Indian, residing at 34, Pratapgarh,
Police Station – Garfa, formerly Police Station- Kasba, Post Office – Santoshpur,
Kolkata – 700 075, hereinafter called and referred to as the OWNER/VENDOR
(which term of expression shall unless excluded by of repugnant to the context be
deemed to mean and include his heirs, executors, administrators, legal representatives
and/or assigns) of the ONE PART represented by his constituted lawful attorney
namely said SRI PRODIP KUMAR DAS, (PAN - AHPPD1812P), son of Late
Purnendu Sekhar Das, by faith : Hindu, by Occupation : Business, by Nationality :
Indian, residing at 395, Dakshindari Road, Police Station - Lake Town, Kolkata –
700048, sole proprietor of M/S ASHIRBAD ENTERPRISE, a proprietorship concern
having its principal place of business at 16, Bagmari Lane, Block- 1-2, Flat No. 10,
Police Station – Manicktolla, Kolkata- 700054 by virtue of a registered Developer’s
Power of Attorney, dated 15.02.2017 registered in the office of District Sub-Registrar
V, Alipore South 24 Parganas and entered into Book No. 1, Volume No. 1630, Page
No. 15405 to 15423, Being No. 490 for the year 2017

AND
SRI GAURAV KHATRI (PAN : BNIPK1912M), son Kamal Khatri, by faith –
Hindu, both by Occupation – Service, by Nationality – Indian, residing at VIP
Enclave, Block-B, Flat No. 401, Opposite Big Bazar VIP Road, Post Office- and
Police Station- Baguihati, Kolkata- 700 059, hereinafter collectively called and
referred to as the PURCHASER (which term or expression shall unless excluded by
or repugnant to the subject or context be deemed to mean and include his and each of
his respective heirs, executors, administrators, legal representatives and/or assigns) of
the SECOND PART;
AND

SRI PRODIP KUMAR DAS, (PAN - AHPPD1812P), son of Late Purnendu Sekhar
Das, by faith : Hindu, by Occupation : Business, by Nationality : Indian, residing at
395, Dakshindari Road, Police Station - Lake Town, Kolkata – 700048, sole proprietor
of M/S ASHIRBAD ENTERPRISE, a proprietorship concern having its principal
place of business at 16, Bagmari Lane, Block- 1-2, Flat No. 10, Police Station –
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Manicktolla, Kolkata- 700054, hereinafter called and referred to as the


DEVELOPER (which term or expression shall unless excluded by or repugnant to the
subject or context be deemed to mean and include his heirs, executors, administrators,
legal representatives and/or assigns) of the THIRD PART;

WH ER EAS :

A) Jadavpur Co-operative Land and Housing Ltd. being the absolute owner of
ALL THAT the piece and parcel of 2 (Two) Cottahs 9 (Nine) Chittacks more or
less of land in part of R.S. Dag No. 135, under R.S. Khatian No. 101, J.L. No.
25 at Mouza- Nayabad, Police Station- Purba Jadavpur, District- South 24
Parganas, by and/or under a Deed of Conveyance dated 7 th day of January, 1991
sold, transferred, conveyed, assigned and assured the property as aforesaid unto
and in favour of Avijit Kar, the VENDOR herein at a valuable consideration and
the said Deed of Conveyance was registered at the office of the District Sub-
Registrar Alipore, South 24 Parganas and recorded in its Book No. 1, Volume
No. 332, at Pages 234 to 237, Being No. 394 for the year 1991.

B) Adjacent to the property as aforesaid, Smt. Santa Acharya, being the absolute
Owner of ALL THAT the piece and parcel of 3 (Three) Cottahs 8 (Eight)
Chittacks 32 (Thirty two) Sq.ft. more or less of land in part of R.S. Dag No.
135, under R.S. Khatian No. 101, J.L. No. 25, at Mouza- Nayabad, Police
Station- Purba Jadavpur, District- South 24 Parganas, by and/or under a Deed of
Conveyance dated 24th day of April, 2007 sold, transferred, conveyed, assigned
and assured the property as aforesaid unto and in favour of Avijit Kar, the
VENDOR herein at a valuable consideration and the said Deed of Conveyance
was registered at the office of the District Sub-Registrar Alipore, South 24
Parganas and recorded in its Book No. 1, Volume No. 10, at Pages 64 to 84,
Being No. 3706 for the year 2007.

C) In the event the VENDOR herein acquired his absolute ownership ALL THAT
the piece and parcel of 6 (Six) Cottahs 1 (One) Chittack 32 (Thirty two) Sq.ft.
of land in part of R.S. Dag No. 135, under R.S. Khatian No. 101 at Mouza-
Nayabad, J.L. No. 25, Police Station- Purba Jadavpur, District- South 24
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Parganas, presently within the limits of The Kolkata Municipal Corporation,


under its Ward No. 109.

D) Being the Owner of the aforesaid plot of land, the VENDOR subsequently
executed one Deed of Declaration-cum-Amalgamation was registered at the
office of the District Sub-Registrar –III Alipore, South 24 Parganas and
recorded in its Book No. 1,Being No. 00281 for the year 2010.

E) The VENDOR thereafter has mutated his name in the records of The Kolkata
Municipal Corporation and the plot of land having an area of 6 (Six) Cottahs 1
(One) Chittack 32 (Thirty two) Sq.ft. more or less which has been numbered as
Premises No. 1690, Nayabad, Kolkata- 700 099, under Ward No. 109 of The
Kolkata Municipal Corporation and the said Premises has been being assessed
being Assessee No. 31-109-08-1690-5.

F) The VENDOR is thus seized and possessed of otherwise well and sufficiently
entitled to ALL THAT the aforesaid property being the Premises No. 1690,
Nayabad, Kolkata- 700 099, under Ward No. 109 of The Kolkata Municipal
Corporation morefully and particularly described in the FIRST SCHEDULE
hereunder (hereinafter referred to as the “SAID PROPERTY”) written free from
all encumbrances

G) The VENDOR herein to get developed the said property had made negotiations
with the DEVELOPER herein from time to time and in confirmations of such
negotiations in the matter of proposed Development of the said property and
prior to entering unto the Development Agreement with the DEVELOPER
herein at the costs and expenses of the DEVELOPER the building plan was
sanctioned bearing Sanction No. 2015120204 dated 10.08.2015 for construction
of one Ground plus four storied building at the said Premises obtained from
The Kolkata Municipal Corporation.

H) In the confirmations of the proposed development of the property as aforesaid,


the VENDOR and the DEVELOPER herein on 15.02.2017 had entered into
one Development Agreement on the terms conditions therein contained and
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the said Development Agreement was registered at the office of the District
Sub-Registrar-V Alipore, South 24 Parganas and recorded into Book No. 1,
Volume No. 1630, at Pages 15365 to 15388, Being No.488 for the year 2017.

I) In pursuance of the said registered Development Agreement dated 15.02.2017,


the VENDOR as the Landowner of the said property Premises has also
executed one Development Power of Attorney in favour of the DEVELOPER
herein appointing him as the Constituted Attorney to deal with all affairs of the
said project and also to sell the Developer’s Allocations in the proposed
building in favour of intended Purchaser/Purchasers thereof. As per said
registered Development Agreement the DEVELOPER has erected the building
and has completed 85% work of the building.

J) The PURCHASER herein has inspected the title of the property satisfied with
the title of the property and also inspected the site at the said Premises No.
1690, Nayabad, Kolkata- 700 099 and is now desirous to own and acquire ALL
THAT the Flat No. 2A on Second Floor in South-West side measuring super
built up area of 870 (Eight hundred seventy) Sq.ft. more or less and Two Car
Parking Space on ground floor each measuring an area of 110 (One hundred
and ten) Sq.ft. totaling measuring an area of 220 (Two hundred and twenty)
Sq.ft. in the said building at the Premises No. 1690, Nayabad, Kolkata- 700 099
out of DEVELOPER’S ALLOCATIONS therein morefully described in the
SECOND SCHEDULE hereunder has approached the DEVELOPER for sale
of the said Flat in his favour and in pursuance of such approaches, the
VENDOR through the DEVELOPER herein being his Constituted Attorney
and the DEVELOPER himself has now agreed to enter into this Agreement
with the PURCHASER herein and the PURCHASER has also agreed to enter
into this Agreement for Sale towards purchase and acquiring all right, title and
interests in the said Flat No. No. 2A on Second Floor South-West side and two
Nos. of Car Parking Space togetherwith the absolute right of use and
occupation of the said Flat No. 2A on Second Floor and two Nos. of Car
Parking Space on ground floor and also the undivided proportionate impartible
share in the land at the said Premises attributable to the said Flat No. 2A on
Second Floor and Car Parking at the said Premises. It is pertinent to mention
that the said Flat No. 2A on Second Floor alongwith the said two Nos. Car
Parking Space on ground floor is of Developer’s Allocation.
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K) On or before entering into this Agreement, the DEVELOPER has supplied


photo copies of the Title Deeds, Kolkata Municipal Corporation property tax
bills/Receipts, sanctioned being plan etc. to the PURCHASER and the
DEVELOPER hereby agrees to provide to the PURCHASER such other
documents and papers as may be reasonably required by the PURCHASER in
the matter of purchase of the said Flat No. 2A on Second Floor alongwith two
Nos. of Car Parking Space on ground floor of the building in the said Premises.

L) In the matter of proposed Sale/Transfer of the said Second Floor Flat No. 2A
alongwith two Nos. of Car Parking Space on ground floor of the building in the
said building at the said Premises, the VENDOR, DEVELOPER and the
PURCHASER has agreed to enter into this Agreement for Sale in the manner
hereinafter appearing.

NOW THIS AGREEMENT FOR SALE WITNESSETH as follows :

1. The VENDOR and the DEVELOPER hereby agree to sell and the
PURCHASER hereby agrees to purchase ALL THAT the Flat No.2A in South-
West side on Second Floor measuring super built up area of 870 (Eight hundred
seventy) Sq.ft. more or less consisting of two bed rooms, one Living-cum-Ding,
one Kitchen, one Verandah, one toilet with a loft and one W.C. and Two Car
Parking Space on ground floor each measuring an area of 110 (One hundred
and ten) Sq.ft. totaling measuring an area of 220 (Two hundred and twenty)
Sq.ft in the Ground Plus four storied building out of Developer’s Allocation free
from all encumbrances TOGETHERWITH undivided proportionate share of
land attributable to the said Second Floor flat and Car Parking Spaces at
Premises No. 1690, Nayabad, Kolkata- 700 099 ALSO TOGETHERWITH all
rights of use and occupation of all common parts/portions comprised in the
SECOND SCHEDULE hereunder written at or for the total consideration of
Rs. 31,00,000/- (Rupees Thirty one Lac) only free from all encumbrances.

2. The PURCHASER on execution of this Agreement has paid the part


consideration amount of Rs.1,30,000/- (Rupees One Lac Thirty Thousand) only
to the DEVELOPER as per memo of consideration. The DEVELOPER doth
hereby acknowledge the receipt of the abovementioned payment of
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consideration in full as made by the PURCHASER herein out of the total


consideration of Rs. 31,00,000/- (Rupees Thirty one Lac only).

(a) That the Party of the PURCHASER agrees to pay the sum of
Rs.31,00,000/- (Rupees Thirty one lac) only the full consideration money of the
residential Flat No.2A on the Second Floor South-West side of the said building of
which a total super built up area of 870 (Eight hundred seventy) Sq.ft. more or
less consisting of two bed rooms, one Living-cum-Ding, one Kitchen, one
Verandah, one toilet with a loft and one W.C. and Two Nos. of Car Parking
Spaces on ground floor each measuring an area of 110 (One hundred and Ten)
Sq.ft. totaling measuring an area of 220 (Two hundred and twenty) Sq.ft as
described in the SCHEDULE “B” below to be allotted to them by the
DEVELOPER.

(b) That the Party of the DEVELOPER agrees to accept and the Party of the
PURCHASER agrees to pay the instalment payable as per payment Schedule
mentioned in Clause No.3

3. Total consideration price of the said Flat No.2A on the Second Floor South-West
side of the said building togetherwith two Nos. of Car Parking Space on the
Ground floor is Rs.31,00,000/-(Rupees Thirty one lac) only and the aforesaid
consideration sum shall be payable by the PURCHASER herein to the
DEVELOPER in the manner following :

i) At the time of signing of this Agreement Rs. 1,30,000.00

ii) Balance at the time of possession or Rs.29,70,000.00


registration which ever is earlier be it noted
that the building shall be completed on and
within 15th August, 2019
______________
Total : Rs.31,00,000.00
=============

It is hereby recorded the payments towards the installments on the above set
time Schedule shall be made by the Party of the PURCHASER to the Party of
the DEVELOPER on the relating notice being served by the DEVELOPER
upon the PURCHASER within the time stipulated in Clause No.3.
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4. That the time shall be deemed to be essence of the contract in respect of all
payments with completion of slots of respective works Schedule in Clause No.2
hereof by the Party of the SECOND PART/PURCHASER to the Party of the
THIRD PART/DEVELOPER and on failure of payment of any of the said
installment within the time frame mentioned against each installments in Clause
No.2 aforesaid from the date of notice served by the DEVELOPER on the Party
of the SECOND PART/PURCHASER, the SECOND PARTY shall pay
interest to be calculated from the expiry of the said stipulated period at the rate of
2% (Two percent) per month upon unpaid installments for the delayed period and
if the arrear installments in question togetherwith the interest accrued thereon is
not paid within the next one month counted from expiry of the said stipulated
period, a notice shall be served for the cancellation of the Agreement. If the
Purchaser does not respond within the time which shall be mentioned in the said
notice, this agreement shall without any further reference to the Party of the
SECOND PART/PURCHASER stand cancelled and the DEVELOPER
thereupon be at liberty to allot the said Flat and Car Parking Space allotted to the
Party of the SECOND PART/PURCHASER to a Third Party of his choice and
shall make refund to the Party of the SECOND PART/PURCHASER the
advance money as aforesaid after deducting the sum of 10% (Ten Percent) of
total advance for default within a period of one hundred and Twenty days from
the expiry of the said stipulated period and the Party of the SECOND
PART/PURCHASER shall be debarred from putting in any claim whatsoever in
future in regard to the said agreement thus stood cancelled under this Clause and
if the THIRD PART/ DEVELOPER fails to deliver the physical possession of
the flat and Car Parking to the SECOND PART/PURCHASER within the
stipulated period the THIRD PART/DEVELOPER shall pay interest @2%
(Two percent) per month towards the total paid up money to the PURCHASER
herein only for the delayed period.

5. That he building including the said Flat No. 2A on Second Floor alongwith two
Nos. of Car Parking Space on ground floor of the building has been constructed
in accordance with the sanctioned building plan and also in accordance with the
specifications as set out in the FOURTH SCHEDULE hereto. The work of
construction shall be carried out with standard materials. Besides, the
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construction shall be done specification as mentioned in FOURTH SCHEDULE


hereunder.

6. That during the construction of this Agreement and till such time the relevant
Deed of Conveyance is registered in favour of the PURCHASER, the
DEVELOPER including the VENDOR herein shall not deal with the said Flat
on Second Floor and Car Parking Space on ground floor at the said Premises in
any manner whatsoever.

7. That the DEVELOPER shall not be entitled to increase the consideration


amount of Rs. 31,00,000/- (Rupees Thirty one Lac) only for the said Flat and
Car Parking Space in any manner whatsoever and the DEVELOPER as the
Constituted Attorney of the OWNER and the DEVELOPER himself shall
execute and register the relevant Deed of Conveyance in respect of the said Flat
No. 2A on Second floor and two Nos. of Car Parking Space on ground floor in
favour of PURCHASER as would be nominated by the Purchasers herein in
due course at the cost of the PURCHASER through the Developer’s Advocate.

8. That save and except the aforesaid Flat and two Nos. of Car Parking Spaces on
ground floor in the proposed building at the said Premises, the right of common
used and common parts/portions as agreed to be purchased herein, the
PURCHASER shall have no claim or right of any nature over and in respect of
other parts/portions in the said building.

9. That the DEVELOPER shall deliver possession of the said Flat and two Nos.
of Car Parking Space on ground floor at the said Premises within the period of
January, 2019 in the new building in favour of the PURCHASER and shall
register the Deed of Conveyance in favour of the PURCHASER on the same
date at the cost of the PURCHASER through the Developer’s Advocate.

10. That the Pump Room, stair case, stair case landings, over head tank, ultimate
roof, lift, lift room and the other common portions of the building/Premises
shall always remain common property of all the residents including the
PURCHASER herein as morefully described in the THIRD SCHEDULE
hereunder and for the purpose of such common use and nobody shall create any
hindrance, obstruction in regard to such use as common property/properties.

11. That save and except the Municipal property taxes as would be assessed by The
Kolkata Municipal Corporation in regard to said flat, the PURCHASER shall
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bear and pay proportionate share of all common expenses as would be settled
with other flat owners or by the Owner’s Association upon its formation in the
new building.

12. That the PURCHASER hereby declares he is satisfied with the tile of the
property and also the area of flat as described herein and he has already
received all the copies of the relevant papers and deed of the property from the
DEVELOPER.

13. That the PURCHASER shall have undivided interests in the land underneath
the building at the said Premises which shall always remain joint and it is being
declared that the said interest in the land is impartible.

14. That upon completion of the purchase, the PURCHASER shall be entitled to
sell, mortgage, lease, let out or part with possession of the said Second Floor
Flat in the said Premises subject to the terms and conditions as contained herein
and as also would be contained in the relevant Deed of Conveyance in regard
of said Flat.

15. That the PURCHASER at his own costs and expenses shall install separate
meter from the CESC Ltd. for the said Flat and the DEVELOPER shall co-
operate to the PURCHASER in obtaining such connection/utilities as and
when the same would be required.

16. That from the date of possession in the said Flat and Car Parking Space, the
PURCHASER shall pay and bear the common expenses as mentioned in the
SCHEDULE hereto and the PURCHASER hereby undertakes to be the
Member of Association of the Flat Owners’ in the building and the
PURCHASER shall follow the Rules and Regulations thereof.

17. That the PURCHASER shall bear all expenses covering stamp duty
registration fees etc. professional fees of advocate of the Deed of Conveyance
for the said Second Floor flat and said Car Parking Spaces as agreed to be
purchased/acquired herein.

18. That as soon as the of the entire consideration money shall be paid in terms of
this Agreement in favour of the DEVELOPER, the DEVELOPER as shall
execute and register the appropriate Deed of Conveyance in regard to said Flat
and two Nos. of Car Parking Spaces with proper covenants for title, peaceful
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enjoyment, non-encumbrances and further assurances in favour of the


PURCHASER herein.

19. The PURCHASER shall use the said flat asresidential purposes and shall not
use the same for any other purposes whatsoever.

20. That Courts of District, South 24 Parganas, Alipore including Hon’ble High
Court at Calcutta shall have the jurisdiction to try, determine and entertain all
matters contained herein relating to sale and purchase of the said Flat and two
Nos. of Car Parking Space at the said Premises.

THE FIRST SCHEDULE ABOVE REFERRED TO


(DESCRIPTION OF THE PROPERTY)

ALL THAT the piece and parcel of 6 (Six) Cottahs 1 (One) Chittack 32 (Thirty
two) Sq.ft. more or less of land whereon a ground plus four storied building is being
erected as per sanctioned building plan vide No. 2015120204 dated 10.08.2015 sanctioned
from K.M.C. Borough Office XII situated lying at Mouza- Nayabad, J.L. No. 25, in part of
R.S. Dag No. 135, under R.S. Khatian No. 101, Police Station- Purba Jadavpur, Additional
District Sub-Registration office Sealdah South 24 Parganas presently within the limits of
The Kolkata Municipal Corporation under its Ward No. 109 being the Premises No. 1690,
Nayabad, Kolkata- 700 099 whereon or whereupon the proposed development would be
carried out. The said Premises is being assessed bearing Assessee No. 31-109-08-1690-5
and the same is butted and bounded as follows :

ON THE NORTH : By 25’ft, wide K.M.C. Road;


ON THE SOUTH : By 25’ft, wide K.M.C. Road;
ON THE EAST : By land under Scheme Plot No. 125;;
ON THE WEST : By 25’ft, wide K.M.C. Road.

THE SECOND SCHEDULE ABOVE REFERRED TO


(DESCRIPTION OF THE SECOND FLOOR FLAT HEREBY TO BE SOLD

ALL THAT Flat No.2A on Second Floor in South-West side measuring super built up
area of 870 (Eight hundred seventy) Sq.ft. more or less consisting of 2 (Two) Bed
Rooms, 1 (One) Drawing/Dining, 1 (One) Kitchen, 1 (One) Toilet, with loft 1 (One) W.C.
and 1(One)Verandah to be finished with marble flooring and Two Nos. of Car Parking
Space on ground floor each measuring an area of 110 (One hundred and ten ) Sq.ft.
totaling measuring an area of 220 (Two hundred and twenty) Sq.ft in the ground plus
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four storied building as would be constructed at Premises No. 1690, Nayabad,


Kolkata- 700 099 as mentioned in FIRST SCHEDULE herein above togetherwith
undivided proportionate share or interests in land attributable to the said Flat at the
said Premises also together with the right of use of common parts/portions in the said
building at then Premises as mentioned in THIRD SCHEDULE hereunder.
THE THIRD SCHEDULE ABOVE REFERRED TO
(COMMON PARTS OF THE CO-OWNERS OF THE SAID BUILDING)
1. Water Pump, water (semi underground) reservoir, overhead water tank and
distribution pipes to different flats and from reservoir to the tank.
2. Septic tank, soak pit, water sewerage. Evacuation pipes from the flats to drain
and sewers common to the building.
3. The open space, paths in the building.
4. Lift, Lift Room and General lighting of the common portion as installed.
5. Ultimate Roof of the building for maintenance of water reservoir and
installation of T.V. Antena etc. Septic tank, Soak pit etc.
6. Concealed electrical wiring from ground floor to the flats respectively and
switches of electric points.
7. Drains & Sewers from the building to the Municipal conduits..
8. Boundary wall, gate to such wall in the building complex.
9. Such other common parts/portions in the said building and/or within the said
building complex for convenient use, enjoyment of the flats/Spaces.
THE FOURTH SCHEDULE ABOVE REFERRED TO :
(SPICIFICATION OF CONSTRUCTIONS)
SALIENT FEATURE OF THE BUILDING
1. The name of the building shall be ASHIRBAD ENCLAVE by consent of the
parties.
2. STRUCTURE: Building structure R.C.C. Column, Beam, Roof, Pillar, Tie-
beam as per structure design approved by the competent authority, outside
brick wall 8” thickness. Inside partition wall 5” and 3” as per Engineer’s
direction.
3. LIFT : One lift shall be installed for common users, Lift power will be taken
from the common service meter.
4. FLOORING : All floor shall be fully vitrified tiles finish and other floors of
all bed rooms, dining-cum-living, balconies and stairs shall have vitrified tiles
finish and skirting 5” and kitchen and toilets shall be finished by vitrified tiles.
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5. WLL OF TOILET : The toilet Door height with glaze colour tiles.
6. KITCHEN : On the gas-table installed the granite stone and sink and shelves
and back wall 3’ height glaze tiles of above cooking platform to protect the oil
spot.
7. TOILET : In one toilet Western type commode with P.V.C. cistern another
toilet Indian Type Pan P.V.C. cistern and one basin will be installed at dining
space in toilets taps, shower etc. shall be of standard quality.

8. WINDOW : All Aluminum sliding window frame and palla with M.S. design
grill and Panel of the palla fitted with design glass.

9. DOOR : All door frame will be standard quality wood and palla will be
commercial Flush door.

10. WATER SUPPLY : Water supply round the clock is assured for which
necessary deep tube-well and pump shall be installed.

11. PLUMBING : Inside of the all Toilet pipe line will be concealed.

12. ELECTRIC : Full concealed copper wiring with light points, Fan points, Plug
Points, Telephone point, Cable TV point, AC line in bed room, Owner will
obtain individual electric meter at his own cost.

13. COMMON SERVICE AND UTILITIES AREA : One common toilet, meter
space, under ground water tank and one pump space, common passage and
terrace etc.

(a) PAINTING : Inside wall shall have only paris finish.

(b) All window and doors frame and palla painted with primer.

14. Any extra finishing apart from these specification shall be borne by the Owner.

THE FIFTH SCHEDULE ABOVE REFERRED TO


(RESTRICTIONS OF THE BUILDING TO BE OBSERVED BY ALL THE
FLAT OWNERS INCLUDING PURCHASER)
1. Not to use the said Flat or permit the same to be used for any purpose
whatsoever other than for residential purpose and shall not use for the purpose
which may or is likely to cause nuisance or annoyance to occupiers of the other
portions of the said building or to the Owner and occupiers of the neighboring
premises or for any illegal or immoral purpose or as a Boarding House, Guest
House, Club House, Nursing Home, Amusement on entertainment Center,
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eating or catering place, Dispensary or a meeting place or for any industrial


activities whatsoever and similarly shall not keep in the parking place, if
allotted, anything other than private motor car or motor cycle and shall not raise
or put up any kutcha or pucca construction thereon or part thereof and shall
Keep it always open as before dwelling or staying of any person or blocking by
putting any articles shall not be allowed in the car parking space.

2. The Purchaser shall not store in the said Flat any goods of hazardous or
combustible nature that are too heavy to effect the construction of the said
structure of the said building or to the insurance of the building.

3. The Purchaser shall not decorate the exterior of the said building otherwise than
in a manner agreed by the Owner or in a manner as near as may be in which the
same was previously decorated.

4. The Purchaser shall not put any neon sign or other boards on the outside of the
said Flat. It is hereby expressly made clear that in no event the Purchaser shall
be entitled to open any new window or any other apparatus producing outside
the exterior of the said portion of the said building.

5. The Purchaser shall permit the Owner and its surveyor or agents with or
without workman and others at all reasonable times to enter upon the said Flat
or any part thereof to view and examine the state conditions thereof good within
seven days from the giving of such notice all defects decays and want of repairs
of which a notice in writing shall be given by the Owner to the Purchaser.

6. Not to allow or permit to be deposited any rubbish in the staircases or in any


common parts of the Building.

7. Not to allow or permit to be allowed to store any goods articles or things in the
staircase or any portion thereof in the land or any part thereof

8. Not to hang from or attach to the beams or rafters any articles or machinery
which are heavy or likely to affect or endanger or damage the constructions of
the building or any part thereof.

9. Not to close or permit the closing of verandahs or lounges or balconies and


lobbies and common parts and also not to alter or permit any alternation in the
elevation and outside colour scheme of the exposed walls of the verandahs,
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lounge or any external walls or the fences of external doors and windows,
including grills of the said Flat which in the opinion of the Owner differs from
the colour scheme of the building or deviation or which in the opinion of the
Owner may affect the elevation in respect of the exterior walls of the said
buildings.

10. Not to make in the said unit any structural additional and/or alterations such as
beams, columns, partitions, walls etc. or improvements of a permanent nature
except with the prior approval in writing of the Owner and with the sanction of
the Kolkata Municipal Corporation and/or concerned authority.

11. Not to use the allocated car parking space, or permit the same to be used for any
other purposes whatsoever other than parking of its own car/cars.

12. Not to park car on the pathway or open spaces of the building or at any other
place except the space allotted to it, if any, and shall use the pathways as would
be decided by the Owner.

13. Not to commit or permit to be committee any waste or to remove or after the
exterior to the said building in any manner whatsoever or the pipes conduits
cables and other fixtures and fittings serving the said building and the said Flat
No clothes or other articles shall be hung or exposed outside the said Flat nor
flower box flower pot or like other object shall be placed outside the said Flat
nor Taken out of the window of the Flat nor any bird dog or other animal which
may cause annoyance to any other occupier of other Flats comprised in the said
building shall be kept in the Flat.

14. Not to install any generator without permission in writing of the Owner.

15. Not to do or cause to be done any act deed matter or which may be a nuisance
or annoyance To the other Flat Owner and occupiers in the said building
including not to permit and/or gathering and/or assembly of any persons under
the Purchaser in the common areas nor to make any noises in the said building
and the Premises including the said Flat that may cause inconvenience to the
occupiers of the building.

IN WITNESS WHEREOF the Parties hereto put their respective hand and seal
this indenture here at Kolkata on the day, month and year first above written.
16

W I T N E S S:

1.

As constituted lawful attorney of Sri Avijit


Kar, the Vendor herein.
____________________________________
SIGNATURE OF THE FIRST PART/
OWNER/VENDOR
2.

______________________________________
SIGNATURE OF THE SECOND PART/
PURCHASER

__________________________________
SIGNATURE OF THE CONFIRMING
PARTY/DEVELOPER
DRAFTED & PREPARED BY :

(DEBES KUMAR MISRA)


ADVOCATE
HIGH COURT, CALCUTTA
Resi-cum-Chamber :69/1, Baghajatin
Place, Kolkata-700086
PH-9830236148(D.K.M.),
Email:debeskumarmisra@gmail.com
9051446430(Somesh),
Email:mishrasomesh08@gmail.com
9836115120(Tapesh),
Email:tapesh.mishra85@gmail.com

MEMO OF CONSIDERATION
17

RECEIVED of and from the within mentioned of the sum of Rs. 1,30,000/-
(Rupees One Lac Thirty Thousand) only being the part consideration out of total
consideration sum of Rs. 31,00,000/- (Rupees Thirty one Lac) only towards sale of
the said Second Floor Flat No. 2A in South-West side alongwith two Nos. of Car
Parking Space on ground floor in the proposed ground plus four storied building at
the said Premises No. 1690, Nayabad, Kolkata – 700 099, as per Memo below.

Sl. Cash Date Name of the Bank & Amount


No. Branch (Rs.)
1. Cash 02.08.2018 -- Rs.1,30,000.00

TOTAL: Rs.1,30,000,00

(Total Rupees One Lac Thirty Thousand) only.

WITNESS :

1.

_________________________________
SIGNATURE OF THE THIRD PART/
DEVELOPER

2.
18

DATED THIS DAY OF 2018

BETWEEN

SRI AVIJIT KAR

FIRST PART/OWNER/VENDOR

AND

SRI GAURAV KHATRI

SECOND PART/PURCHASER

AND

M/S. ASHIRBAD ENTERPRISE


represented by its Sole Proprietor
SRI PRODIP KUMAR DAS

DEVELOPER/CONFIRMING PARTY

AGREEMENT FOR SALE

Premises No.1690, Nayabad,


Kolkata – 700 099.

MR. DEBES KUMAR MISRA WITH


SOMESH MISHRA & TAPESH MISHRA
ADVOCATES
HIGH COURT, CALCUTTA
69/1, BAGHAJATIN PLACE
(NEAR BAGHAJATIN RLY. STN.)
KOLKATA-700086.
PH. 2425-0490
MOBILE : 9830236148
9051446430, 9836115120.