Warnakulasooriya Stanley Joseph Thamel and others vs Warnakulasooriya Vinsel Thamel and others – SC Appeal 38/2016-2025

In the matter of the plaintiffs and the defendants, the court addressed the issue of the validity of deeds of gift and revocation, specifically concerning the unilateral revocation of a deed of gift and the applicability of Kandyan Law. The Supreme Court held that the High Court erred by considering a mixed question of fact and law, not raised at trial, for the first time on appeal. The court partly allowed the appeal, setting aside the High Court’s judgment, and dismissed both the plaintiffs’ claim and the defendants’ counterclaim, reaffirming the principle that appellate courts should not adjudicate on issues not properly framed or evidenced at the trial stage. This decision emphasized the procedural requirement for issues to be settled and evidence presented at trial for proper judicial