WANIGASOORIY A vs DANAWATHIE AND OTHERS

WANIGASOORIY A
vs
DANAWATHIE AND OTHERS

COURT OF APPEAL
ABDUL SALAM. J
CA 658/04 (F)
DC KULIYAPITIYA 12417/99
NOVEMBER 12, 2007

Permissive access given - Plaintiff unable to protect cultivation - Alternate access available - Prescriptive title? - Roadway used for over 50 years - Rights adverted to the plaintif1? - Right of servitude - Proof - Way of necessity.

The plaintiff-appellant filed action alleging that her father had permitted the defendants predecessor to have access to his land, over and along the land of the plaintiff, and sought a declaration to close down the road, and further alleged that the defendant has alternate way. The defendant-respondent contended that, the roadway in question had been used by him over a period of 50 years and moved for a dismissal of the action. The trial Court held with the defendant-respondent.

Held:

(1) The judgment does not support even by a stretch of imagination that the defendants used the right of way for a long period of time exceeding 50 years adverse to the rights of the plaintiff, but merely states that they had used their path.

The judgment does not identify the

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