Below is the insult, which a Mr. Ishan Fernando and a Mr. Jeral Anbalagan has sent to us.
Basically those fine men request us, a family who build the entire hotel, paid for it all and maintained it for 30+ years.
To rent just one single room (or two?) of our OWN premises.
From them, the fraud conspirators !
We owe it to our here born & raised kids. To stand up to them.
What a cheek; judge by yourself:
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MEMORANDUM OF UNDERSTANDING (MOU) FOR “THE OCCUPATION OF PREMISES”
THIS AGREEMENT made and entered into at Colombo, in the Democratic Socialist Republic of Sri Lanka, on this First of March Twenty Nineteen (2019) by and between ANBALAGAN JERAL (NIC 197732010028) of No. No: 25/28 kew Lane Colombo 02 in the said Republic of Sri Lanka (hereinafter called and referred to as the “LESSOR” which term or expression as herein used shall where the context so requires or admits mean and include the said ANBALAGAN JERAL, his executors, administrators and assigns) of the ONE PART and 1. NETFRED THOMAS ALFRED ( Passport# C4KJLX4F8) of GERMANY (hereinafter called and referred to as the “LESSEE” which term or expression as herein used shall where the context so requires or admits mean and include the said NETFRED THOMAS ALFRED his heirs executors administrators and assigns) of the OTHER PART.
WITNESSETH
WHEREAS the LESSOR is seized and possessed of or otherwise well and sufficiently entitled to the premises SINNAULLAI, ARUGAMBAY POTTUVIL together with the right to use One (02) room space for living quarters and is more fully described in the Schedule hereto (hereinafter referred as the “SAID PREMISES”). NOW THIS AGREEMENT WITNESSETH that the Lessor both hereby agree to lease and the LESSEE doth hereby agree to take the SAID PREMISES together with the fixtures and fittings on lease for a period of 5 years commencing from the First of March Twenty Nineteen (2019) and ending on the Twenty eighth February Two Thousand and Twenty Three (2023) (hereinafter called and referred as the “SAID TERM”) subject to the following terms and conditions hereinafter set out:
IT IS HEREBY agreed by and between the parties as follows:
The Parties hereto agree that the rental payable shall be only for the usage of utilities services per month basis and shall be settled monthly on or before the Tenth of the month due, it being the responsibility of the LESSEE to ensure funds are transferred on time.
The Lessor doth hereby undertake to refund the said sum within seven days from the expiration and/or sooner determination of the termination of this Agreement and upon the Lessee handing over undamaged and peaceful vacant possession of the said premises and the Lessor being further satisfied that electricity bills, water bills, telephone, televisions bills in respect of the demised premises have been paid and settled in full and subject to the provisions set out in clause 19 hereof.
The Lessee is required to request permission from the Lessor in verbally or in writing for any additional permanent members that will be occupying the said premises.
The Lessee shall use the said premises as a residence only (hereinafter called and referred as the “PERMITTED PURPOSE”), and sub-letting the premises is strictly prohibited.
The Lessee shall at his expense affect all minor repairs up to the value of Rupees Five Thousand (Rs.5,000/-), other than any structural repairs to the said premises during the said term. In all instances the Lessor should be informed of the repair.
The Lessee shall maintain and keep the said premises, including all electrical appliances and fittings, drainage and water services apparatus, furniture, fixtures and fittings thereto duly and regularly serviced and in good condition and tenantable repair throughout the said term without any alteration except such as shall be sanctioned in writing by the Lessor provided however that the Lessee shall be entitled to install at his expense on the said premises such fixtures and fittings and other conveniences as the Lessee may require for the permitted purpose and to remove the same at the expiry of the said term subject to his renovating, repairing and making good at his expense any damage caused by such installation and /or removal.
The Lessee shall maintain and keep the said premises in conformity and in accordance with all laws, by-laws, rules and regulations of the Pradeshiya Sabha Council of Pottuvil, relating to the maintenance of the said premises and shall keep the Lessor freed and indemnified at all times from all such prosecutions and all penalties, and shall pay all penalties which may be imposed in consequence to such breach or of such noncompliance with such laws, by-laws, rules and regulations.
The Lessee shall pay all meter and other rental charges relating to the supply of electricity and water to the said premises and cable television service to the respective service providers during the said term, within seven days from the receipt of all bills without leaving any arrears and shall furnish the payment receipts to the Lessor.
Furthermore, the Lessor bears no responsibility for the disconnection of services for the non-payment of bills within the said stipulated time period.
The Lessor shall pay all taxes and rates relating to the said premises to the Pradeshiya Sabha Council of Pottuvil.
The Lessee shall permit the Lessor and/or her authorized agent, to enter upon, to view and examine the condition of the said premises, at any reasonable hour which is convenient to the Lessee, upon prior notice.
The Lessee shall not cut, maim or injure the roof, walls, doors or any other part of the said premises or suffer or permit the same to be done.
The Lessee shall not do or suffer anything to be done in or upon the said premises or any part thereof, which may be or become a nuisance or an annoyance or cause, damage or inconvenience to the Lessor or occupiers of adjoining or neighboring premises.
The Lessee shall not assign or sublet the said premises or any part or portion thereof.
The Lessee shall not construct any additional buildings, structures or partitions of a permanent or temporary nature, which will alter the architectural appearance of the said premises without the written consent of the Lessor.
The parties hereto agree that unless and otherwise the said demised premises are used for an unlawful, immoral or illegal purpose the Lessee shall hold and enjoy peaceful and quiet possession of the said premises during the said term without any interruption or any hindrance by the Lessor or any person or person’s lawfully claiming from or under him.
It is hereby mutually agreed and understood by and between the parties hereto that if the balance of any other payments payable under the provisions of these presents shall be unpaid for a period of twenty days after the same becomes due (whether formally demanded or not) or if the Lessee shall use the said premises for any immoral, illegal or unlawful purpose or the Lessee shall commit a breach of any of the covenants mentioned herein and in any of the said events which shall be lawful for the said Lessor at any time thereafter to immediately re-enter upon the demised premises or any part thereof in the name of the whole and re take possession of the demised premises absolutely without any prejudice to the right of action to the Lessor in respect of any antecedent breach of covenant on the part of the Lessee.
If the Lessee shall be desirous of renewing this Agreement further period from the date of expiry of the said term hereof, the Lessee shall give three calendar months’ notice in writing of such intention to the Lessor and the Lessor may at his discretion grant the Lessee a renewal of the Lease upon such terms and conditions which may be agreed upon at that time.
Either the Lessor or the Lessee shall be not be entitled to terminating this Agreement
THE FIRST SCHEDULE ABOVE REFERRED TO
ALL the property referred in the annex 1, SINNAULLAI, ARUGAMBAY POTTUVIL. Together with the right to use Two Room Space (02).
THE SECOND SCHEDULE ABOVE REFERRED TO
Common Elements
1) The Land on which the building stands including the open spaces appurtenant to the property
2) The Foundation, Columns, Girders, Beams, Supports, Main walls and roof of the building.
3) Installation for central service such as electricity telephone radio television water pipes water tanks sump for water over head water tanks pump house ducts sewerage line main holes and garbage disposal.
4) All other parts and facilities of the property necessary for or convenient to the existence maintenance safety or common use of its occupants.
SIGNATURES
FIRST PART
ANBALAGAN JERAL (THE LESSOR)
Dated:
SECOND PART
NETFRED THOMAS ALFRED (THE LESSEE)
Dated:
WITNESSES
We do hereby declare that we know the names, addresses, occupations and residences of the executants hereto.