Fernando V. Mendis Et Al.,

Present: Grenier J.   Feb.6,1911

FERNANDO v. MENDIS et al.

491-C. R. Negombo, 18,057.

Servitude-Destroyed by express or tacit abandonment.

The abandonment of a right of servitude to draw water from a well standing on another's land destroys it, not only when such abandonment is express, but also when it is tacit.

THE facts are set out in the judgment.

A. St. V. Jayewardene, for the appellants.

Wadsworth (with him Talaivasingham), for the respondent.

Cur. adv. vult.

February 6, 1911. Grenier J.-

The plaintiff in this action claimed the right to draw water from a well standing on the defendants' land, which adjoins his land. The plaintiff alleged as his cause of action that the defendants had on June 4, 1910, filled up the well, and have ever since prevented plaintiff from drawing water therefrom. The defendants answered

that the plaintiff was permitted by them and their predecessors in title to draw water, but they denied that the plaintiff had acquired any right to do so. They alleged further (hat the well was closed with the consent of the plaintiff in the presence of the Inspector of Police and police headman.

At the trial the i

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