THIS AGREEMENT is made on this the Day of 9th January of the year Two Thousand and Ten of the Christian era.
(1) Md. X, son of Md. Azhar Ali (2) Y& son of Shaikh Md. Hatem Ali (3) Z son of Late Md. Anwoar Hossain, address at (1) Vill-Narisha pashim char, Po-Narisha, P/S-Dohar, Dist-Dhaka. (2) Vill-Yusufpur, Po-Joypara, P/S-Dohar,Dist-Dhaka. (3) Vill-Moura, Po-Narisha, P/S-Dohar, Dist-Dhaka. Hereinafter jointly referred to as the LANDOWNERS–DEVELOPER’ by the name of K DEVELOPER COMPANY. which expression, where the context so admits, shall include its successors in interest and assign of the FIRST PARTY.
BCS OFFICERS (Batch 43 FTC), a Multipurpose Co-operative Society incorporated under relevant law of Bangladesh, being its Registration No. 01262 dated 16.09.2009, having its office address at: 59, Barontec, Dhaka Cantonment, Pallabi, Dhaka-1206. Represented by its Chairman ………………………………. hereinafter referred to as the ‘PURCHASER which expression where the context so admits shall include his heirs, successors, administrators, executors, legal representatives and assign of the SECOND PARTY.
WHEREAS The LANDOWNERS–DEVELOPER is the sole owners in possession of all that piece and parcel of land measuring 46 (forty six) decimals more or less fully described in the schedule herein below (hereinafter referred to as the “Schedule land /Demises Premises”)
AND WHEREAS, (i) Chittaharan Chankrabarti, (ii) Surendra Chankrabarti & (iii) Kali Dayal Ghosh were the C.S., S.A. & R.S. recorded owners. Thereafter, said (i) Kali Dayal Ghosh, (ii) Chittaharan Chankrabarti & (iii) Surendra Chankrabarti died leaving behind their sons (i) Bashudeb Ghosh, (ii) Jagadish Chandra Chakrabarti & (iii) Ramesh Chandra Chakrabarti respectively. Thus, (i) Bashudeb Ghosh, (ii) Jagadish Chandra Chakrabarti & (iii) Ramesh Chandra Chakrabarti obtained their respective portions of land by way of inheritance. Thereafter, said (i) Bashudeb Ghosh, (ii) Jagadish Chandra Chakrabarti & (iii) Ramesh Chandra Chakrabarti transferred the scheduled land measuring 46 (forty six) decimals to Md. Rahamat Ullah through Saf Kabala deed No. 12859 dated 30.12.2004. Thereafter, said Md. Rahamat Ullah transferred the scheduled land measuring 46 (forty six) decimals to (i) Md. X, (ii) Y& (iii) Zthrough Saf Kabala deed No. 10791 dated 28.06.2007.
AND WHEREAS, the Schedule land had been mutated in the name of the LANDOWNERS–DEVELOPER with the relevant authorities and they have been in peaceful possession of the same paying rates and taxes in their name with the appropriate authorities.
And whereas, LANDOWNERS–DEVELOPER with intent to sell plot to intending Purchaser subject to earth filling, preparation of residential plot and all other necessary development works had prepared a layout plan of the housing in the name and style of “K City”
AND WHEREAS, the Purchaser has seen and accept the layout Plot of “K City” and on inspection of the documents/Papers of the title is satisfied about the title of the LANDOWNERS–DEVELOPER to land described in the schedule below and on inspection of the lands of “C. S. Khatian No. 515 (five hundred fifteen), 516 (five hundred sixteen), S. A. Khatian No. 327 (three hundred twenty seven), 328 (three hundred twenty eight), R. S. Khatian No. 381 (three hundred eighty one), 310 (three hundred ten), C. S. Dag No. 1484 (one thousand four hundred eighty four), S. A. Dag No. 1483 (one thousand four hundred eighty three), R. S. Khatian No. 1550 (one thousand five hundred fifty)” described in the schedule below has selected and chosen to purchase the plot described in the schedule to be developed through the LANDOWNERS–DEVELOPER.
SCHEDULE OF LAND
All that piece and parcel of land measuring 46 (forty six) decimals situated within District-Dhaka, Police Station & Sub-Registry Office-Keranigonj, Mouza-Beyara, J. L. No. Sabek 443, R.S. 94, C. S. Khatian No. 515 (five hundred fifteen), 516 (five hundred sixteen), S. A. Khatian No. 327 (three hundred twenty seven), 328 (three hundred twenty eight), R. S. Khatian No. 381 (three hundred eighty one), 310 (three hundred ten), C. S. Dag No. 1484 (one thousand four hundred eighty four), S. A. Dag No. 1483 (one thousand four hundred eighty three), R. S. Khatian No. 1550 (one thousand five hundred fifty), butted and bounded by:
On the North : Land of R.S. Dag No. 1524 & 1549;
On the South : Land of R.S. Dag No. 1572;
On the East : Land of R.S. Dag No. 1548;
On the West : Land of R.S. Dag No. 1551;
The above mentioned scheduled land is taken here as mortgage for the second party, if the first party the owners of the land fail to hand over the plot no……….. of K city within the time frame of one year as they are the Directors of K City they will execute a sale deed against this scheduled land at the rate of ……..with the purchaser . And by this time they can’t do anything without the prior consent of the second party in this respective land.
All the parties hereto represent and warrant that they are legally empowered to enter into this Agreement and have obtained all necessary approvals & consents from the relevant authority(s) or person(s) from their respective part in order to perform their obligations under the Agreement.
The parties shall try to resolve their dispute amicably, failing which the Court of Bangladesh shall have jurisdiction to resolve such dispute.
IN WITNESS WHEREOF the parties hereto sign and execute this agreement on the day, month and year first above written.
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