Allowing the second appeal, the Jammu & Kashmir and Ladakh High Court restored the trial court's decree recognising the appellant's inheritance and possession claim.
Judge / Bench — Justice Shahzad Azeem
The first appellate court had disregarded evidence of her minority, the pleaded denial of her rights, revenue pedigree entries and testimony from persons with special knowledge of the family. Section 50 of the Evidence Act does not confine proof of relationship to blood relatives; failure to examine the mother was not fatal on this record. The appellate court also reversed the framed burden on the mixed issue of limitation without recasting the issue or giving an appropriate opportunity. The decision turns on the evidence and procedural errors identified; it does not dispense with scrutiny of limitation under section 3.
Case — Mst. Themu v. Ram Nath and others · CSA No. 30/2013 · 23 October 2026 · Jammu wing
Advocates appearing — Appellant — Mr. Abhishek Wazir, Advocate. Respondents — Mr. P.N Raina, Sr. Advocate, with Mr. J.A Hamal, Advocate.