DHANUSEKARA VS. JAYASEKERA AND OTHERS

DHANUSEKARA
VS.
JAYASEKERA AND OTHERS

SUPREME COURT
EVA WANASUNDERA, PC J.
PRIYANTHA JAYAWARDANE, PC J.
ANIL GOONERATNE, J.
SC/APL 50/2015
SCHCCALA NO. 473/2014
WP/HCCA/AV 686/2008
DC PUGODA 300/L
SEPTEMBER 25, 2015

Servitude of a right of way - Applicability of Section 41 - Civil Procedure Code - Definite and precise description of the servient tenement should be described in the plaint? Possession to be explained and exemplified - Is it necessary to bring all the adjacent owners of the road as parties? Rule of indivisibility of servitude ? Prescription Ordinance.

The Plaintiff Respondent Respondent sought and obtained a servitude of a right of way over the Defendant's land. The appeal was dismissed by the Provincial Civil Appellate High Court. The Supreme Court granted leave on;

(a) Was it correct for the Learned District Judge and for the Honourable Judges of the High Court of Civil Appeals to hold that the Plaintiff Respondent is entitled to a right of way when the servient tenement is not described in the plaint ?

(b) Did the Learned District Judge and the Honourable Judges of the High Court of Civil Appeals err in law in

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