DEED OF AGREEMENT FOR SALE

(BAINANAMA

THIS DEED OF AGREEMENT FOR SALE IS MADE ON THIS THE

DAY OF _____________2023.

Page 1 of 8
 BETWEEN

Mr TARKESHWAR PRASAD, S/O LATE KALI PRASAD Having I.TAX

PAN.BDVPP4020J
Indian By Nationality, Hindu by Religion, Business by occupation being
the resident of H/3432, 3rd mile Opposite Radio Station PradhanPara,
P.O. Salugara, P.S. Bhaktinagar, Dist. Jalpaiguri – hereinafter called the
“THE SELLER/VENDOR/FIRST PARTY” (Which expression shall mean
and include unless excluded by or repugnant to the context his heirs,
executors, successors, legal representatives, administrators and assigns)
of the ONE PART.

AND
ANKIT AGARWAL Son of Lakhi Prasad Agarwal Indian by
Nationality, Hindu by Religion, Business By Occupation, being the
resident of Dosti Complex 3rd Floor, Flat No.3A, Pranami mandir Road,
Ward No 41, Under SMC, P.O. Sevoke Road, P.S. Bhaktinagar, Dist.
Jalpaiguri, Pin-734001 in the State of West Bengal. Hereinafter referred
to as “BUYER/VENDEE/SECOND PARTY” (Which expression shall
mean and include unless excluded by or repugnant to the context his
heirs, executors, successors, legal representatives, administrators and
assigns)on the OTHER PART. Pan No. AIYPA1272G

AND
WHEREAS the VENDOR/SELLER is the absolute owner in physical
possession of that piece or parcel of land measuring approximately 10
Kathas OR 16.5 DECIMALS, situates within Mouza- DABGRAM, J. L.
No. 2, Sheet No. 3(L.R) & 5(R.S), Pargana Baikunthpur, R.S. Plot No.
110, L.R. Khatian No. 1580 & 1581, L.R. Plot No 357 i.e 16.5
Decimals or 10 KATHAS, A.D.S.R. Office Bhaktinagar, P.S.
Bhaktinagar, District Jalpaiguri, Under SILIGURI MUNICIPAL
CORPORATION.

Page 2 of 8
 AND
WHEREAS the VENDOR/SELLER is the absolute owner in physical
possession of that piece or parcel of land measuring approximately 10
Kathas OR 16.5 DECIMALS, by the virtue of two deeds being Deed
No: I-071104295/2020, Volume No: 0711-2020, Page No: 115187 to
115222, Date of Registration: 02/11/2020 AND Deed No: I-
071104390/2020, Volume No: 0711-2020, Page No: 117739 to
117774, Date of Registration: 04/11/2020 both the deeds Registered
in: A.D.S.R. BHAKTINAGAR for an allocation of 5 kathas each in both
the deeds.

AND

WHEREAS the VENDOR have offered for sale of 10 KATHAS 16.5 of

land from his total land to the purchaser.

AND

WHEREAS the purchaser has accepted the said offer of the VENDOR
and have agreed to purchase the above referred land measuring
approximately 10 KATHAS for a consideration amount of Rs.
2,51,10,000 (Two Crore Fifty One Lakh And Ten Thousand) only in
full and final settlement and the land is free from all encumbrances and
charges whatsoever.

AND
WHEREAS the VENDOR have accepted the price so offered by the
purchaser as fair and reasonable in view of the prevailing market rate of
the above referred land as stated above and has agreed to sale the said 3
KATHAS for a consideration amount of Rs. 2,51,10,000 (Two Crore
Fifty One Lakh And Ten Thousand) only.

Page 3 of 8
 NOW THIS AGREEMENT WITNESSETH as follows:-

1. That the purchaser on this day on the execution of this agreement has
paid to the vendor a sum of Rs. 20,00,000/-(Rupees Twenty Lakhs) via
cheque of ICICI BANK bearing no. 039153 dated 15.12.22 from the
A/C no. 020801007581 in favour of in the name of TARKESHWAR
PRASAD, as an earnest money, and the Vendor does hereby
acknowledge receiving the same.

2. That the balance amount i.e Rs. 2,31,10,000/- (Rupees Two Crore
Thirty One Thousand and ten thousand) will be paid by the purchaser
within 6(six) months from the date of execution of this agreement or
before affixing or registration of the below scheduled land (Whichever is
earlier) and thereafter the Vendor will Register the below scheduled land
in favour of the Buyer/purchaser.

3. That the purchaser will pay Rs. 50,00,000 (Fifty Lakhs) via Cheque
being cheque No.___________________________________________________
and Rs. 10,00,000 (ten lakhs) will be paid to the vendor in the afore
mentioned and below mentioned time.

4. That the vendor does hereby agrees to handover the ownership by virtue
of either executing a proper General Power of Attorney or by Power of
Demarcation or via Deed of Conveyance on the said property to the
purchaser.

5. That the Vendor agreed that he at any time within the stipulated time as
mentioned hereinabove, the Purchaser will approach him to register the
Sale Deed in his favour.

6. That the registration charges and other charges in respect of the said
registration will be borne by the Purchaser.

7. That inspite of readiness and willingness of the Purchaser to have the

Sale Deed registered in their favour, the Vendor refused and / or neglect

Page 4 of 8
 to perform his part to execute and register the Sale Deed in favour of the
Purchaser (when the total consideration has been received), in that case
the Purchaser shall register the below schedule land through proper
court of law and shall take appropriate legal action against the Second
Vendor and the Vendor shall liable to pay cost of the suit if filed in the
court of law for registration of Sale Deed in his favour and are liable to
pay all the incidental charges incurred thereon.

8. That if the Buyer fails to pay the balance consideration within the
aforesaid stipulated period for their own latches and negligence in that
case the Vendor shall have the liberty to charge him at a banking
interest of 5% as per this agreement only after expiry of the aforesaid
stipulated period without any prior notice to the Buyer.

9. That the Vendor further covenants that in case of any defect of title
and /or possession in the below schedule landed property then the
Vendor shall return back the entire earnest/bainama money to the
Purchaser/ with Banking interest.

10. That the Buyer shall complete a searching with respect of the title
of the below schedule land within the stipulated period for his
satisfaction.

11. That the Vendor shall handover all the related documents/ papers in
Xerox of the below schedule land to the Purchaser at the time of
execution of this Agreement.

12. That if any disputes arises in the below schedule land then the same
shall be decided by an Arbitrator appointed jointly by both the parties.

13. That the owner/vendor also declare that there exists no previous
transfer, mortgage, lease, contract for sale or otherwise by the in favour
of any other person(s) or party(s) respecting to the said below scheduled
property, and the property hereby not transferred, suffers from no defect
of title, interest therein and the recitals made hereinabove are all true,

Page 5 of 8
 correct and in the event of any contrary is proved or found, the Second
Party shall be liable for settle the matter and handover the peaceful
possession to the Buyer.

14. That the Owner/vendor shall acknowledge and make receipt of the same
advance and installments money as part of consideration of the total
value along with other part payment of consideration if there be from
time to time and the Purchaser shall not default of making payment of
any installment.

15. That if there is any dispute regarding the land fully described in the
schedule below, the vendor shall be liable to repay the earnest money
and as well as whatever the amount received which shall be duly noted,
to the purchaser within a period of six months from the date of execution
of this agreement.

SCHEDULE OF THE LAND

ALL THAT piece or parcel of vacant land measuring more or less

about 10 Kathas OR 16.5 DECIMALS, situates within Mouza-
DABGRAM, J. L. No. 2, Sheet No. 3(L.R) & 5(R.S), Pargana
Baikunthpur, R.S. Plot No. 110, L.R. Khatian No. 1580 & 1581, L.R.
Plot No 357 i.e 16.5 Decimals or 10 KATHAS, A.D.S.R. Office
Bhaktinagar, P.S. Bhaktinagar, District Jalpaiguri, Under SILIGURI
MUNICIPAL CORPORATION
AND OUT OF WHICH THE BUYER IS PURCHASING the TOTAL
PORTION OF 10 KATHAS and the land is bounded and butted as
follows:

NORTH-

SOUTH-

EAST-

Page 6 of 8
WEST-

IN WITNESS WHEREOF the Parties hereof do hereby set and

subscribe his hands in good health and conscious mind, on the day
month and year as first above written.

WITNESSES/IDENTIFIER:

1.

2.

__________________________________
VENDOR/SELLER

_______________________________
VENDEE/BUYER

Drafted as per the instructions of the parties and read over and
explained by me to the parties and printed in my office

__________________________
SHIVAM SHIDDHARTH ADVOCATE, Siliguri

Page 7 of 8
Enroll: F/2450/2357/2018

Page 8 of 8