The sufficiency of the cause for condoning delay is paramount, and a liberal interpretation of 'sufficient cause' is justified when no mala fides are present, despite the length of the delay.

JUDGMENT :

Mohd Yousuf Wani, J.

1. Impugned in the instant Letters Patent Appeal filed under Clause 12 of the Letters Patent Rules [hereinafter referred to as “LPA” for short] is the Judgment dated 9^th July, 2024, passed by the learned Single Bench of this Court while allowing an application for condonation of delay (CM No. 6794/2023) that came to be filed by the contesting respondent (petitioner therein), namely, Abdul Aziz along with the main petition (109/2023) seeking review of the Order dated 18^th May, 2017, passed by this Court in OWP No. 878/2010, while allowing the said petition and setting aside the Order dated 18^th February, 2010 of the learned J&K Special Tribunal, Jammu, [hereinafter referred to as the “Tribunal” for short] impugned therein.

2. A brief resume of the facts of the case relevant for disposal of the instant intra court appeal deserves a needful mention.

One, Sh. Teja Singh, father of the appellants 1 and 2 and the grandfather of appellant no. 3 allegedly started cultivating a big chunk of land approximately measuring 85 Kanals falling under different khasra numbers and situated at village Sahano Tehsil and District Jammu, in the year 1965, which land was belonging to Noor Khan and Yousaf Khan sons of Uzar Khan and Aziz Khan son of Shukar Khan (contesting respondent no. 1/Review petitioner) initially in the capacity as tenant and thereafter as a protected tenant by paying Batai rent to them.

That although right from 1965, the said late Teja Singh was peacefully and uninterruptedly cultivating the aforesaid land, but in the month of Maghar 2027 BK corresponding to November, 1970 AD, he was forcibly dispossessed by the owners of the land.

Sh. Teja Singh then filed an application on 25^th March, 1971, before the Deputy Commissioner, Jammu, in terms of Section 56 of the Jammu and Kashmir Tenancy Act, SVT., 1980, [hereinafter referred to as the “Tenancy Act” for short] which came to be transferred for disposal under law to the Assistant Commissioner, Revenue, Jammu. Assistant Commissioner, Revenue, Jammu, vide his Order dated 27^th July, 1973, dismissed the said petition and aggrieved of the same, Sh. Teja Singh preferred an appeal before the learned Divisional Commissioner, Jammu, who vide his Order dated 11^th October, 1975, remitted the matter to Assistant Commissioner, Jammu, exercising the powers of Collector, Jammu. The Assistant Commissioner, Revenue, Jammu, (Collector), subsequently allowed the application of Sh. Teja Singh vide Order dated 23^rd September, 1994, directing the present contesting respondent to be evicted from the subject land.

The present Respondent no. 1 assailed the Order dated 23^rd September, 1994, of the learned Assistant Commissioner, Revenue, Jammu, through the medium of an appeal before the appellate Authority i.e., Director, Land Records, J&K, Jammu, but the same was dismissed vide Order dated 28^th August, 2004. Thereafter, the Respondent no. 1 filed a revision petition assailing the Order dated 28^th August, 2004, before the learned Tribunal, which allowed the same vide Order dated 18^th February, 2010.

The Order dated 18^th February, 2010, of the Tribunal came to be assailed by the present appellants through the medium of a writ petition bearing OWP No. 878/2010 under Article 227 of the Constitution of India read with Section 104 of the Jammu and Kashmir Constitution (now rendered infructuous since 5^th August, 2019 vide Presidential Order C.O. 272) in this Court, which was allowed vide Order dated 18^th May, 2017. The learned Single Bench of this Court, vide the aforesaid Order dated 18^th May, 2017, passed in OWP No. 878/2010, set aside the impugned order passed by the Tribunal dated 18^th February, 2010 and upheld the Orders dated 23^rd September, 1994 and 28^th August, 2004 respectively passed by the Assistant Commissioner, Revenue (Collector), Jammu and Director Land Records, J&K, Jammu, to the effect of the eviction of contesting respondent no. 1 Abdul Aziz from the subject land.

The contes