Sirimewan Maha Mudalige Kalyani Sirimewan vs. Herath Mudiyanselage Gunarath Menike – SC/APPEAL/47/2017-2024

In the case between Sirimewan Maha Mudalige Kalyani (Plaintiff/Appellant) and Herath Mudiyanselage Gunarath Menike (Defendant/Respondent), the court addressed whether the deed of gift executed by the plaintiff’s late father in favor of the defendant was procured under undue influence or through death threats, and whether new factual and evidentiary issues may be raised for the first time on appeal. It was held that the deed had been executed voluntarily in the absence of coercion, and that the new issues did not satisfy the threshold required for appellate consideration. The court reaffirmed the principle that parties may not introduce new factual matters or shift the burden of proof at the appellate stage absent exceptional circumstances. This decision was grounded on references to establ