Surrender of Tenanted Flat
This deed of surrender of tenancy is made on this 10th day of June 2000 between X. Co. Ltd. having its registered office at ……………, Mumbai and carrying on business, inter alia, at ………………, Calcutta (hereinafter called the tenant) of the one part and Mr. JK, residing at ………………………… (hereinafter called the owner) of the other part.
Whereas by an agreement dated …………… the owner demised unto theWhereas by an agreement dated …………… the owner demised unto the tenant a self-contained flat having carpet area of 1200 sq. ft. comprising of three bedrooms, one drawing room, one kitchen, two baths, balcony, corridor, garage space, meter room being flat No. …… of ……… commencing from …………… as a monthly tenant at the rent of Rs. 3,850 per month and security deposit of Rs. 7,850 the owner paying all the rates, taxes and assessments payable or that might be imposed or assessed on the said premises by the Government or the Municipality or any other bodies and keep the tenant indemnified therefrom and from all proceedings, costs, claims and demands in respect thereof and keep the tenanted premises in good repair.
And whereas the owner approached the tenant for vacating the said flat on various grounds and a Writ Petition for vacation of the said flat on reasonable requirements is pending.
And whereas the tenant has fully considered the request of the owner and has agreed to the request of the owner to avoid further complications and litigations.
Now therefore this deed witnesseth and the parties hereby agree as follows:
1. The said owner hereby declares that he is still the full owner of the said flat and is entitled to receive on surrender of the said flat by the tenant possession thereof and give complete discharge to the tenant from all obligations whatsoever in respect of the said flat.
2. The owner declares that there is no arrears of rent, electricity bills or any other claims in respect of the said flat and all dues payable by the tenant up to and including the …………………… have been received and the security deposit has been refunded and adjusted.
3. The owner hereby confirms and records that he has received quiet, peaceful and vacant possession of the said flat free from all encumbrances with all furniture and fixtures in the same good order and condition in which the same demised flat was let out to the said tenant.
4. The owner hereby records confirms and declares that neither party has paid to the other any money by way of compensation or otherwise and this is being executed in consideration of avoiding any further litigations and expenses.
5. The parties agree and declare that in consideration of the aforesaid the tenant has delivered peaceful and vacant possession of the said flat with all fittings and furnitures and the owner has received delivery thereof including the keys of the said flat and taken vacant possession of the said flat together with all fittings and furniture in the same good condition in which the said flat was demised to the tenant after having removed all the articles and things belonging to the tenant.
6. It is declared that neither party has any claim against the other in respect of the said flat and the owner undertakes to withdraw the Writ Petition being Matter No. …… of ………… pending in the Hon’ble High Court at Calcutta.
7. The owner hereby releases in favour of the tenant the entire security deposit of Rs. 7,850 by a Demand Draft being No. ……… etc. the receipt of which the tenant hereby acknowledges.
8. Each party hereby releases the other from all obligations arising under the said tenancy agreement and any extension and/or modifications thereof and/or in relation to the said flat.
9. The owner hereby declares and undertakes to keep the tenant fully indemnified against and harmless from any action, proceedings, expenses, charges, costs and claims of whatsoever nature in relation to the said flat first above described for delivering peaceful and vacant possession of the said flat to the owner for whatsoever reason or cause of action.
In witness whereof the parties hereto have executed this Deed on the day, month and year first above-written.
Signed, sealed and delivered by
Mr. …………… duly authorised by X Co. Ltd. on this 10th day of June 2000 in the presence of:
Signed and delivered by Mr. JK on this 10th day of June 2000 in the presence of: