Thalwatte v. Somasundaram – sllr 1997 volume 2 page 109

In the case between Thalwatte (landlord) and Somasundaram (tenant), the court addressed whether rent payments made by the tenant prior to the summons returnable date could be legitimately attributed to outstanding arrears as defined under section 22(3)(c) of the Rent Act, and whether a new argument concerning the allocation of these payments could be entertained on appeal when it had not been raised at the trial stage. It was determined that, while the defendant did make prior payments, the documents submitted did not clearly establish a specific intention regarding the periods these payments were meant to cover due to a mistake in the description of the payment period. Furthermore, it was concluded that the plea regarding the appropriation of payments had not been introduced in the origin