Dikkumburage Malini Senehelatha vs Dikkumburage Dayalatha – CA 88/98 F -2013

The case between Dikkumburage Malini Senehelatha (Plaintiff) and Dikkumburage Dayalatha, Dikkumburage Sanet, Dikkumburage Wijananda, Dikkumburage Purnalatha, Dikkumburage Leelananda, Warnakulasooriya Mahawaduge Harold Waas (6th Defendant-Appellant), Kumara Arcchige Piyaratne, and Ranasinghage Abaran Silva (Defendants) involved the prescriptive claim of the 6th Defendant-Appellant to a portion or all of the land subject to partition. It was held that the 6th Defendant, having only contested entitlement to lot ‘b’ in the preliminary plan and not asserting a broader claim at trial, was precluded from advancing a claim to a larger share on appeal. The reasoning reaffirmed the principle that appellate courts will not allow appellate claims unrelated to issues framed and evidence challenged at t