Fernando Et Al. V. Fernando Et Al.

Feb.23,1911   Present: Hutchinson C.J. and Middleton J.

FERNANDO et al, v. FERNANDO et al.

357-D. C. Colombo, 29,866.

Possessory action by members of the Dhoby community residing at Polwatta for the time being-Servitude-Right to dry clothes on another's land.

Plaintiffs, who are members of the Dhoby community, residing. for the time being at Polwatta, averred that they have been for more than a year and a day before ouster using the land in dispute for drying clothes thereon, and prayed for a possessory decree.

Held, that the plaintiffs were not entitled to a decree, as the possession was not of ut dominus.

Hutchinson C.J.-I do not think that the right claimed is a possible one. If it is, the ownership of this land changes from time to time as the dhobies of Polwatta move about-a dhoby becomes one of the co-owners by coming to live there and ceases to be one by going away.

There is no such servitude as that of drying clothes on the land of another.

THE facts are fully set out by Hutchinson C.J. in his judgment as follows: -

" This is a possessory action. The plaintiffs say in their plaint that they are members of the Dhoby com

Click Here to Read the rest of this document