# respective successors and assignees

- **Citation:** C.L. No. 28/AA
- **Court:** Allahabad High Court
- **Decided:** 1961-09-18
- **Case number:** C.L. No. 28/AA
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/respective-successors-and-assignees-162473
- **Pages:** 3

## Text

260
4.
The expression "the Lessor" and "the Lessee" hereinbefore used shall
unless such an interpretation is inconsistent with the context include their
respective successors and assignees.
In witness whereof ... for and on behalf of the lessor and for and on behalf of the
Lessee have signed this deed on the day and year first above written.
This schedule herein referred to
Signed by: For and on behalf of the Lessor
For and on behalf of the Lessee
1.

1.
2.

2.
(iii) Copies of documents for Registering Officers
C.E. No. 5/VIIf-89 dated 22nd January, 1962
It encloses, O.M. no. AST-2338/X-215(2)-1961, dated September 18, 1961 of
Government in Finance (AST) Department containing instructions that copies required to
be sent to the registering officers under section 89 of the Indian Registration Act should
be prepared on some white stout paper and should either be printed or cyclostyled or be
the first typed copy or should be written in ink and that faint carbon copies on thin paper
should in no case be sent to registering officers, was circulated to all the District Judges
for compliance.
[8]
LICENSES
(i)
Vend of food stuff
C.L. No. 28/AA dated 17th March, 1958 and
C.L. No. 163/AA dated 8th November, 1974
In all judgeships the right to vend foodstuff in civil court compound shall be
auctioned.
C.L. No. 14 dated 8th February, 1956
It is not obligatory upon a District Judge to accept the highest bid if the person is
found undesirable but he may accept a lower bid taking into consideration the suitability
of the person so bidding and obtaining the approval of the Court.
In order to obviate the chances of any trouble from the person purchasing the right
to vend foodstuff etc., a clause should be incorporated in the notice to intending bidders
to the following effect:
"It is open to the District Judge not to accept the highest bid without assigning any
reason therefor."
C.L. No. 31-AA dated 16th March, 1953 read with
C.L. No. 28/AA dated 17th March, 1958
Vendors of foodstuff, etc. in civil court compound should be required to execute a
deed of licence for each financial year in the form given below. Necessary changes may
261
be made in the form, if required by the special circumstances existing in a judgeship
subject to the approval of the Court.
FORM OF DRAFT LEASE OR LICENCE
(Vendor's licence for the sale of refreshment including Milk, Tea, Fruits, Betel,
Cigarettes, Sharbat, etc. in the court compound)
I ............................... son of ............ resident of.................... have been permitted by .....(*)
to sell and/or to collect.................. Tehbazari dues in the.. compound, during the period
from ............... to............................
2.
In
consideration
of
the
above
permission
to
sell
the
above
mentioned article, and/or to collect Tehbazari dues in the compound, and also for
occupying (**) I agree to pay a sum of Rs.................in the following manner. (+)
3.
I have also deposited a sum of Rs ............................ as security for the purpose of
this contract and efficient working thereof. The said sum will be refunded to me by the
(++) on the expiry of the period of contract or on its termination after deduction of all
sums there from as may be due from me provided the licence is not terminated earlier
under clause (7) hereafter.
4.
I agree to comply with the following conditions:
(a)
I will not sublet the right of vending and/or to collect Tehbazari dues with
regard to any or all of the above mentioned commodities to any person in
any form or shape or for any consideration and will not allow undesirable
persons to assemble or create nuisance at the shop.
(b) I will not store, expose or offer for sale any commodity other than those
detailed above.
(c)
I will sell the commodities for which lease/licence has been granted to me
at market rates or at such rates as may be fixed from time to time by the (*)
(d)
The articles exposed or offered for sale shall be wholesome, hygienic and
unobjectionable and shall be of the quality to be prescribed by the (*) from
time to time.
(e)
I will peacefully vacate the premises allotted to me and will remove all my
property from the said premises on the expiry of the period of the contract
or on its termination for breach of the conditions of the licence/ lease or
for any other reason.
(f)
I will exhibit at a prominent place a price list of all commodities which are
offered for sale.

*
Here mention the designation of the government officer authorized to sanction licence or lease.
**
Here mention the shop or plot of land allotted giving location, area and boundaries.
+
Here mention the manner of payment i.e. payment either in lump sum or in installments.
++
Here mention the designation of the government officer authorized to sanction licence or lease.
*
Here mention the designation of the government officer authorized to sanction licence or lease.
262
(g)
I will keep the place neat and clean and take all necessary precautions so
as to protect all articles of food against flies and dust.
(h)
I will abide by the decision of* which will be final and binding on me.
5.
I further agree that for breach of any of the conditions mentioned in clause 4
above, or on non-payment of the instalments on due dates the* shall have power to
terminate the lease/licence and to re-auction the right to vend and/or to collect Tahbazari
dues for the remaining period of the lease/licence and to recover the loss, if any,
accruing to the Government from the security and from my movable and immovable
properties.
6.
The licence/lease can be terminated by the* on giving me one month‟s notice in
writing, and on proportionate reduction of the rent.
7.
The
articles
exposed
or
offered
for
sale
shall
at
all
times
be subject to inspection by the approval of the* or any official duly authorized by him,
who shall have the right to reject and prohibit the sale of article considered as
unwholesome or objectionable and to order their removal from the premises. If the
licensee continues to deal in unwholesome or objectionable articles, the security money
shall stand forfeited and the licence terminated without any claim for compensation.
8.
The licensee shall be responsible for payment of Municipal taxes, if any, levied
by the Municipal Board for the occupation of shed/sheds.
9.
In special circumstances, the District Judge reserves the right to terminate, subject
to the approval of the High Court, the licence, without assigning any reasons. .
10.
It is open to the District Judge not to accept the highest bid without assigning any
reason thereto-
Dated ...................
Witness :
(1) ..................................

Dated .........................
Witness :
(1)
Signature of the Licensee/Lessee
(2)..........................
(Signature of the government officer
authorized to sanction licence or lease).
(2)
C.L. No. 38/Budget-1 dated 12th July, 1982
With a view to have healthy and hygienic atmosphere free from garbage and waste
material around the stalls, District Judge should select the place/s where shops are to be
situated and ensure that there is no haphazard/mushroom growth of eating places.
It should also be ensured that there is no accumulation of waste material, etc. In
order to achieve the goal cleanliness should be made a specific condition of the lease and
a clause should be added that in case the shopkeepers do not strictly comply with the
instructions/scheme for cleanliness the lease would be subject to termination.
C.L. No. 101/AA dated 17th September, 1952
The contractor should be required to exhibit the rates at which the articles of food
are being sold by him at a prominent place and the District Judge should satisfy himself