Don Barnis Hewavitharana vs Kusuma Ranatunga – CA1300/96-2012

In Kusuma Ranatunga (Plaintiff-Respondent) v. Don Barnis Hewavitharana (substituted by Don Nimal Hewavidana) (Defendant-Appellant), the court addressed whether the defendant was a statutory tenant entitled to protection under the Rent Act or merely a trespasser, and whether the district judge was correct in ordering ejectment on the basis of arrears of rent not pleaded by the plaintiff. It was held that the defendant was a statutory tenant by virtue of section 36(2)(c) of the Rent Act, but that the district judge erred by introducing arrears of rent as a new ground for ejectment, contrary to section 150 of the Civil Procedure Code. The decision reaffirmed that parties must be judged on the case pleaded and established, with procedural fairness preserved. The outcome set aside the district