Withanage Werainghe Arachchige Irene Weerasinghe vs Arachchi Appuhamilage Julis Singho – CA 280/99 F -2015

The case between Withanage Werainghe Arachchige Irene Weerasinghe (Plaintiff-Respondent) and, among others, Arachchi Appuhamilage Julis Singho (1st defendant, deceased) and Edirisuriya Mudalige Wilbert Sooriyaratne Siriwardena (4th defendant-appellant), addressed the entitlement to ownership and allocation of shares in a partition action concerning Lot B2 of Kahatagahawatta. It was held that the 4th defendant-appellant was entitled to the 1/4th share originally allocated to the 1st defendant, which had been transferred prior to the partition action, and that a new right of way claim could not be entertained for the first time on appeal. The principle affirmed was that appellate courts will not entertain issues not pleaded or decided at trial. The interlocutory decree of the lower court was