Ven. Thalawe Sumanatissa Thero vs Vidanagamage Dhanapala – CA NO. 457/96 F-2013

In the case between Ven. Thalawe Sumanatissa Thero (Plaintiff/Respondent) and Vidanagamage Dhanapala and Vidanagamage Ariyapala, trading as “Dharmapala Brothers” (Defendants/Appellants), the court addressed the issue of whether the Defendants should be evicted from the suit premises following the expiration of lease agreements, and whether new factual arguments, specifically concerning possession, could be raised for the first time on appeal. It was held that new factual issues not pleaded or raised at trial cannot be entertained on appeal, reaffirming the principle that appellate courts are bound by the factual record and issues as framed in the lower court proceedings. Precedents such as Setha v. Weerakoon, Candappa v. Ponambalampillai, Alwis v. Piyasena Fernando, and M.R. Fernando & Co.