Heenbanda and Another v. Tikiri Banda – sllr 1984 volume 1 page 069

In the case between Heenbanda and Another (Plaintiff) and Tikiri Banda (Defendant), the court addressed the issue of entitlement to declaration of title, ejectment, and damages concerning disputed land. It was held that the plaintiff’s evidence, comprising the original deed and the testimony of an attesting witness, was more reliable than that of the defendants, who failed to produce their original or certified deed. The court reaffirmed the principle that matters involving mixed questions of fact and law, such as the alleged status of a tenant-cultivator, must be properly pleaded and cannot be raised for the first time on appeal. This decision relied on established evidentiary rules, emphasizing that the reliability of documentary and testimonial evidence at trial governs the outcome, and