Sampath B. Abayakoon, J.

This is an appeal preferred by the defendant-appellant-appellant (hereinafter referred to as the defendant) on the basis of being aggrieved of the judgment pronounced on 28-08-2020 by the learned Judges of the Provincial High Court of the Sabaragamuwa Province holden in Kegalle (hereinafter referred to as the High Court), while exercising its civil appellate jurisdiction.

From the impugned judgment the High Court has affirmed the judgment pronounced by the learned District Judge of Kegalle on 26-07-2018 in District Court of Kegalle Case No. 7342/L, which was a judgment pronounced in favour of the plaintiff in the said case.

When this matter was considered by this Court on 18-09-2023 for the purpose of granting leave to appeal from the impugned judgment, this Court granted leave on the questions of law as set out in paragraph 15(a), (b) and (h) of the petition dated 09-10-2020.

The said questions of law read as follows, 1. Has the High Court of Civil Appeal erred in law in applying the principle of estoppel against the defendant in the circumstances of this case?

2. Has the High Court of Civil Appeal erred in law by holding that the plaintiff could succeed withou