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Food-Court Stall Agreement

At a glance

Price: Free till 31 Dec
Stamp duty: This Agreement grants the Licensee a personal, revocable licence to use the Licensed Space, not a lease, easement or other interest in the Mall or Building — clause 2 says so, and clause 3's relocation right, together with the Licensor's retained right of access and control over the Licensed Space and the shared seating, are what keep that recital true in substance and not merely on paper.
Registration: Not compulsorily registrable as drafted.
Witnesses: No statute requires this Agreement to be witnessed, because it is not ordinarily presented for registration.

Free till 31 Dec

Launch period: downloads are free until 31 December. Nine everyday papers stay free for good.

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Also called

Food Court Stall Licence Agreement
Food Court Counter Agreement
Food Court Vendor Agreement
Food Court Outlet Licence
Mall Food Court Stall Agreement
F&B Kiosk Agreement
Food Stall Licence Deed

When you need it

A licence agreement for one stall inside a mall's or building's food court in Punjab or Chandigarh — the cooking and service counter itself, not the seating area around it, which every stall in the food court shares with the public and with every other stall. Fixes the Licensed Space and the cuisine or category permitted, the shared seating arrangement, the Licence Period, the Licence Fee (fixed, or fixed plus a share of sales, or a share of sales alone against a Minimum Guarantee), the security deposit, who bears common-area, seating and utility charges, food safety and licensing obligations, gas and kitchen-equipment safety, waste and grease disposal, and what happens if the operator needs the stall back or the Licensee overstays.

The legal fact this Agreement is built around is the same one a kiosk licence is built around: no exclusive possession passes to the Licensee. A stall holder who trades from an identified counter but shares the dining area with the rest of the food court, whose customers are served by the operator's own housekeeping and security, and who can be relocated to another comparably sized stall at the operator's discretion, is a licensee and not a tenant — the distinction the Supreme Court of India drew in Associated Hotels of India Ltd. v. R.N. Kapoor (1959) and has applied ever since, looking at what was actually given rather than at what the document calls itself. Clause 2 gives the Licensor a standing right of access to and control over the Licensed Space and the shared seating, and clause 3 gives it a right to relocate the stall, precisely so that the substance matches the label rather than merely reciting it. Because it is a licence and not a lease, this Agreement is stamped as a plain Article 5 Agreement, is not compulsorily registrable, and the East Punjab Urban Rent Restriction Act, 1949 and the Punjab Rent Act, 1995 — which protect a tenant, not a licensee — do not reach the Licensee's use of the stall. A food stall carries obligations a dry-goods kiosk does not: a licence under the Food Safety and Standards Act, 2006, compliance with fire and gas safety for cooking equipment, and a clear line on who is responsible if a customer is made ill by food sold from the stall — clauses 10 to 12 deal with each of these, and clause 21's indemnity is drafted with food-safety claims specifically in mind. Not for a kiosk or counter with no cooking and no shared seating, which this library's Kiosk or Counter Space Licence Agreement already covers more simply. Not for a full standalone restaurant let with exclusive possession of its own dining area — use the Commercial Lease Deed or the Mall / Anchor Tenant Lease Agreement for that. And not for an arrangement where the stall holder is given a fixed, unchangeable spot with no access by the operator's own staff and no shared seating at all — on those facts the arrangement looks like a lease of a small shop rather than a food-court licence, whatever it is called.

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See stamp duty, registration and witnesses

What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

This Agreement grants the Licensee a personal, revocable licence to use the Licensed Space, not a lease, easement or other interest in the Mall or Building — clause 2 says so, and clause 3's relocation right, together with the Licensor's retained right of access and control over the Licensed Space and the shared seating, are what keep that recital true in substance and not merely on paper. Neither the Punjab Department of Revenue, Rehabilitation and Disaster Management's own "Document wise detail of Stamp Duty, Registration Fee and Facilitation charges" table (revenue.punjab.gov.in, checked 18 September 2026) nor the Chandigarh Sub-Registrar's own stamp duty and registration fee table (revenue.chd.gov.in, checked 18 September 2026) lists a plain Agreement by name — both list only the major named instruments — so this Agreement is chargeable under Article 5 of Schedule 1-A to the Indian Stamp Act, 1899 as applicable in Punjab, and under the equivalent Article 5 of the Chandigarh Administration's own stamp schedule in Chandigarh, and the figure that applies is not in either ready reckoner: confirm it before the stamp is bought, at the Stock Holding Corporation of India Limited e-stamp counter in Punjab, or at the Sub-Registrar's counter, 30 Bays Building, Sector 17, or the office of the Collector, Union Territory of Chandigarh. Real risk: if this Agreement is in substance found to grant exclusive possession — the shared seating is in fact allocated to one stall, the Licensor's staff cannot enter or relocate the Licensee, the Licensee alone controls the dining area around its counter — a court or a Collector can, applying the substance-over-form test the Supreme Court of India set out in Associated Hotels of India Ltd. v. R.N. Kapoor (1959), treat it as a lease and charge the ad valorem duty that instrument carries instead of the flat Agreement duty, whatever this Agreement calls itself. Clauses 2, 3 and 9 exist to keep this Agreement on the licence side of that line. Stamp each counterpart; e-stamp through the Stock Holding Corporation of India Limited in Punjab, or buy stamp paper from a licensed vendor or the State Bank of India Treasury Branch, Sector 17 in Chandigarh for the higher values.

Registration

Not compulsorily registrable as drafted. Section 17(1)(d) of the Registration Act, 1908 and Section 107 of the Transfer of Property Act, 1882 catch a lease from year to year, for a term exceeding a year, or reserving a yearly rent; Section 17(1)(b) of the Registration Act, 1908 catches an instrument creating, declaring, assigning, limiting or extinguishing an interest in immovable property worth more than Rs 100. This Agreement grants no lease and no interest in immovable property of any kind (clause 2), so neither paragraph reaches it by itself, whatever the Licence Period runs to. The real risk is the same one the stamping note describes: an Agreement that is in substance a lease is compulsorily registrable as one, and Section 49 of that Act keeps an unregistered instrument that needed registration out of evidence of its own terms. As drafted, and so long as clauses 2, 3 and 9 are not amended away, this Agreement stays outside Section 17 on the licence side of the line. If the Parties choose to register this Agreement out of caution, present it in Punjab to the Sub-Registrar of the tehsil in which the Mall or Building lies, via igrpunjab.gov.in, and in Chandigarh to the Sub-Registrar, 30 Bays Building, Sector 17, via revenue.chd.gov.in, under Section 18 of the Registration Act, 1908, within four months of signature under Section 23 (a further four months on a fine of up to ten times the registration fee, under Section 25). Doing so does not by itself turn this Agreement into a lease.

Notarisation

Not required to give this Agreement effect, and does not cure a registration defect. Use a notary for the papers around it instead — a board resolution or authority letter for whoever signs, the mall management or facility operator's written authority to grant licences where it is not itself the owner, or a power of attorney used to sign this Agreement, which under Section 33 of the Registration Act, 1908 needs authentication (by the registering officer, a magistrate, or, if executed abroad, a notary followed by consular attestation) before this Agreement is signed, not after.

Witnesses

No statute requires this Agreement to be witnessed, because it is not ordinarily presented for registration. Two witnesses — adults, not the Parties or their signatories — remain good practice given what this Agreement records, and the signature block provides for them. If the Parties do register this Agreement, the same rule a lease is registered under then applies: in Chandigarh, under paragraph 127 of the Punjab Registration Manual, the first witness must be known to the Sub-Registrar; in Punjab, two identifying witnesses with photo ID are needed, captured in NGDRS.

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FOOD-COURT STALL AGREEMENT

This Food-Court Stall Agreement (this "Agreement") is made at Chandigarh on 1 April 2026.

BETWEEN

Sunrise Mall Developers Private Limited, an individual, of SCO 214-215, Sector 34-A, Chandigarh 160022, PAN AABCS9876Q, acting through Ravinder Mohan Sethi, Director, authorised by board resolution dated 3 March 2026 (the "Licensor", which expression includes its successors in interest and permitted assigns);

AND

Punjabi Tadka Foods Private Limited, an individual, of Plot No. 22, Industrial Area Phase I, Chandigarh 160002, PAN AAGCP6677S, acting through X, X (the "Licensee", which expression includes its permitted assigns).

The Licensor and the Licensee are each a "Party" and together the "Parties".

RECITALS

A. The Licensor is the owner of the Mall or Building known as Sunrise Mall, situated at Plot No. C-2, Sector 66, S.A.S. Nagar (Mohali) 160066 (the "Mall or Building"), in the State of Punjab, which includes a food court.

B. The Licensor has agreed to permit the Licensee to use, without exclusive possession, the stall described in Schedule I (the "Licensed Space") for the Permitted Use, together with the shared seating described in Schedule I, on the terms of this Agreement.

C. The Parties intend this Agreement to create a licence within the meaning of Section 52 of the Indian Easements Act, 1882, and not a lease, tenancy or other interest in immovable property. Clause 2 states this in operative terms.

NOW THIS AGREEMENT WITNESSES as follows.

1. DEFINITIONS

1.1 "Licence Period" means the period of 36 months commencing on 2 April 2026 and ending on 3 April 2026, unless ended earlier under this Agreement.

1.2 "Licence Fee" means the amount payable under clause 5, as escalated or reconciled under that clause.

1.3 "Permitted Use" means: The preparation and retail sale of North Indian vegetarian and non-vegetarian tandoor and curry dishes, for consumption in the shared seating area or as takeaway..

1.4 References to a statute are to that statute as amended or re-enacted, and include a statute as extended to the place where the Mall or Building is situated. Headings do not affect interpretation. The singular includes the plural.

2. GRANT OF LICENCE; NO EXCLUSIVE POSSESSION

2.1 The Licensor grants the Licensee a personal, non-exclusive and revocable licence to use the Licensed Space for the Permitted Use, and to use the shared seating on a non-exclusive basis along with the public and every other stall in the food court, during the Licence Period, subject to this Agreement. This Agreement does not create a lease, sub-lease, tenancy or easement, does not transfer possession of the Licensed Space or the shared seating to the Licensee, and does not grant the Licensee any estate or interest in either, or in the Mall or Building.

Questions about this document

Does the Food-Court Stall Agreement need stamp paper or stamp duty in Punjab and Chandigarh?

See the full position on stamp duty, registration and witnesses

Does the Food-Court Stall Agreement need registration in Punjab and Chandigarh?

Not compulsorily registrable as drafted.

See the full position on stamp duty, registration and witnesses

What does the Food-Court Stall Agreement cost on Kaagazaat?

Free till 31 Dec.

Launch period: downloads are free until 31 December. Nine everyday papers stay free for good.

Does the Food-Court Stall Agreement need witnesses?

No statute requires this Agreement to be witnessed, because it is not ordinarily presented for registration.

See the full position on stamp duty, registration and witnesses

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