Karunaratne V. Gabriel, Appuhamy Et Al.,

Present: Lascelles C.J.

KARUNARATNE v. GABRIEL APPUHAMY et al.

105-C. R. Negombo, 18,522.

Right of way-Acquisition of right by prescription-Right of owner of servient tenement to alter the situation of the servitude-How far principles of the Roman-Dutch law as to right of owner of dominant or servient tenement to change situation apply to Ceylon where the servitude has been acquired by prescription.

" In the system of law which prevails in Ceylon rights of way are acquired by user under the Prescription Ordinance, and the course or track over which the right is acquired is necessarily strictly defined."

Quare .-Whether the principles of the Roman-Dutch law stated in Voet 8, 3, 8, as to the right of the owner of the dominant or servient tenement to change the situation of the servitude, are applicable to a case where the right to pass over a denned track has been acquired by prescription?

THE its appear clearly from the judgment.

Bawa, K.C., for the appellants.

H. A. Jayewardene, for the respondent.

Cur. adv. vult.

June 5, 1912. Lascelles C.J.-

The plaintiff in this case is the owner of an allotment of land called Konga

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