IN THE SUPREME COURT OF DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA .

SC Appeal No.89/2017 SC HC (CA) LA Application No.264/2016 HC Appeal No. CP/HCCA/FA/12/2014 DC Gampola Case; No. L/3160 BEFORE: CHIEF JUSTICE MURDU N.B. FERNANDO, PC, CJ.

JUSTICE K.KUMUDINI WICKREMASINGHE,.

JUSTICE MAHINDA SAMAYAWARDHENA,.

COUNSEL: Murshid Maharoof with Githme Senanayake instructed by S.M.M. Makkam for the Plaintiff-Appellant-Appellant.

Shane Foster for the Defendant-Respondent-Respondent instructed by Niranjan de Silva.

WRITTEN SUBMISSIONS: by the Plaintiff–Appellant-Appellant on 04/01/2018 and

22/07/2022.

1^st Defendant-Respondent-Respondent on 07/09/2018 and 16/06/2022.

ARGUED ON: 24/05/2022 DECIDED ON: 24/06/2025 K.KUMUDINI WICKREMASINGHE, J The Application for Special Leave to Appeal was preferred by Plaintiff-Appellant-Appellant (hereinafter referred to as the Appellant) against the judgement of the High Court of the Central Province dated 29.04.2016 dismissing the Appeal of the Appellant. Aggrieved by which the Appellant appealed to the Supreme Court.

Accordingly this Court by Order dated 05/05/2017 granted special leave to Appeal on the following questions of Law:

a)Did the Honourable High Court of th