Simon Fernando v. Bernadette Fernando – sllr 2003 volume 2 page 158

In the case between Simon Fernando (plaintiff/respondent) and Bernadette Fernando (defendant/appellant), the court addressed whether an action for ejectment under the Rent Act, No. 7 of 1972, could be maintained when the premises were claimed for both residential and business purposes, and whether a mixed question of law and fact could be raised for the first time in written submissions on appeal. It was held that such mixed questions, when not previously submitted at trial or in the notice of appeal, cannot be entertained at the appellate stage. This determination reaffirmed the principle that only pure questions of law may be considered de novo on appeal. The decision relied upon relevant statutory provisions and the procedural requirements of the Rent Act, emphasizing that raising new m