FERNANDO v. FERNANDO et al.

FERNANDO v. FERNANDO et al.

C. R., Colombo, 6,905.

User of way across intervening land-Personal user and not user as owner of dominant tenement-Prescriptive right.

Where plaintiff, a dhoby, by permission of defendant used for more than ten years a footpath through defendant's land to go from a house in which he was living, and which adjoined defendant's land, to his washing pond, which was on the other side of defendant's land and where the plaintiff, having purchased in 1893 the house in which he had been living, continued to use the footpath till 1898, when the defendant objected to the plaintiff going through defendant's land,-

Held, per Lawrie, J., that the law of Ceylon does not recognize the acquisition by user of servitudes personal to a single individual, and that, as the plaintiff's user previous to 1893 was not as owner of a dominant tenement, his user previous thereto, though enjoyed for more than ten years, did not create a prescriptive right in his favour.

PLAINTIFF, as owner of a piece of land called Kospatadeniya, claimed to be entitled to a footpath over defendant's land in order to go to a pond situated in a land bel

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