Morgappa V. Casie Chetty.

MORGAPPA v. CASIE CHETTY.

353-C. R. Colombo, 34, 809.

A. St. V. Jayewardene, for appellant.

Bawa, K. C., for respondent.

November 6, 1913. Ennis J. -

The principles governing in Ceylon the acquisition of rights of way by prescription have been laid down in the cases Karunaratne v. Gabriel Appuhamy (15 N. L. R. 257), Andris v. Manuel (2 S. C. D. 69), and Kandaiah v. Seenitamby. 2 The track over which the right is acquired must be strictly defined, and one track cannot be substituted for another without a notarially executed document or user of the new track for the full prescriptive period. Costa v. Livera (16 N. L. R. 26) can be distinguished, because in that case the existence of a right of way was admitted.

In this case the plaintiff claimed by prescription a right of way for himself, his servant, and others to and from his house and the Santiago road over the plot of land belonging to the defendant, and the case went to trial on the following issues: -

(1) Is plaintiff by long possession and prescriptive right entitled to a right of way from house No. 94 over the defendant's premises No. 88 to Santiago road?

(2) If so, is the plaint

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