Stella Gwendelline Hycinth Wijesinghe vs. Lalith Wickramarathne – SC APPEAL 154/2017-2022

In the case between Stella Gwendelline Hycinth Wijesinghe (Plaintiff-Appellant) and Lalith Wickramarathne (Defendant-Respondent), the court considered the legal characterization of rights arising from lot 4 in a partition action. Central issues involved interpretation of the nature of the land, the classification of the plaintiff’s action as an actio negatoria, and whether a new issue attributed to the defendant at appeal constituted a mixed question of fact and law or a purely legal question. The proceedings entailed an original District Court judgment in favor of the plaintiff, which was set aside by the High Court upon the defendant’s altered position in appeal. Upon review, it was held that the revised legal contention involved mixed factual and legal considerations, making it inapprop