The absence of an explicit prohibition against transferring parts of leased property undermines the denial of conversion from leasehold to freehold, validating individual applications for conversion.

JUDGMENT :

TUSHAR RAO GEDELA, J.

1. The present Letters Patent Appeals have been filed assailing the judgment dated 31.05.2024 (hereinafter referred to as ‘Impugned Judgment) passed by the learned Single Judge in W.P.(C) 6937/2013 and W.P.(C) 13812/2023 whereby the learned Single judge held that the properties bearing Municipal nos.1/12, 1/13 and 1/14, M.M. Road (now Rani Jhansi Road), Delhi are a single unit in the records of the Land & Development Office (hereinafter referred to as ‘respondent no.2/L&DO’) and the appellants were required to apply jointly for their conversion from leasehold to freehold as per the Master Plan and other rules and regulations.

2. The facts germane to the present appeals, shorn of unnecessary details and culled out from the writ petition, are as under:-:

a) A perpetual lease deed dated 31.10.1931 was executed between the Secretary of State for India in Council (Lessor) and Banwari Lal Panna Lal Contractors (Lessee) in respect of the subject plot with effect from 12.01.1928. The plot was divided and one-third share was given to Lala Lakshmi Chand s/o Banwari Lal, who thereafter gave his one-third share to his son Vinay Kumar (appellant in LPA 809/2024) through Will dated 06.09.1956.

b) Vinay Kumar sold the property bearing Municipal nos.1/12 and 1/13, 1, M.M. Road (now Rani Jhansi Road), New Delhi to Prem Kumar Jain (Since deceased and represented by his LR namely Urmila Jain, appellant no.2 in LPA 813/2024), Raj Kumar Jain, Padam Kumar Jain, Subhash Kumar Jain (appellant no.1 in LPA 813/2024) vide registered Sale Deed dated 27.04.1963.

c) Thereafter, Raj Kumar Jain and Padam Kumar Jain sold their respective shares in the property bearing Municipal nos.1/12 and 1/13 by way of registered Sale Deed dated 10.12.1970 to Subhash Jain and Prem Kumar Jain, in whose names the said property was mutated in the records of Municipal Corporation of Delhi (MCD) vide mutation letter dated 24.07.1985 issued by MCD.

d) Thereafter, Subhash Kumar Jain and Prem Kumar Jain filed an application dated 11.01.2011 to the respondent no.2/L&DO for mutation of title of property bearing Municipal nos.1/12 and 1/13 in their names.

e) On 03.02.2011, Vinay Kumar filed a conversion application bearing Application no.105455 for conversion of the property bearing Municipal no.1/14 from leasehold to freehold along with a Challan dated 03.02.2011, containing details of payment of Rs.6,36,400/- with regard to the said conversion.

f) Thereafter, on 11.04.2011 respondent no.2/L&DO issued an inspection notice to the appellants for inspection of the subject properties bearing Municipal nos.1/12, 1/13 and 1/14, 1, M.M. Road (now Rani Jhansi Road), New Delhi. Thereafter, respondent no.2/L&DO issued breach notice dated 12.07.2011 to the appellants, to remedy the breaches before exercising re-entry powers for unauthorized construction/misuse of the subject plot.

g) Vide reply dated 20.07.2011, Vinay Kumar informed the respondent no.2/L&DO that there was no unauthorized construction or encroachment or re-entry in the appellant’s property bearing Municipal no.1/14 and further requested respondent no.2/L&DO to process his conversion application dated 03.02.2011. Whereas, vide reply dated 09.08.2011 and 22.12.2011, Subhash Kumar Jain and Prem Kumar Jain informed the respondent no.2/L&DO that they had already applied for mutation of title of property bearing Municipal nos.1/12 and 1/13 in their names and requested to mutate the said plot in their favor since it has already been done in the record of MCD.

h) In the year 2012, Subhash Kumar Jain and Prem Kumar Jain had filed an indemnity bon