Present : Schneider A. J.    1920.

PERIES v. MUNASINGHE et al.

106-C. R. Colombo, 72,466.

Right of way-Extinction of servitude by merger-Subsequent sale of lands to different persons-Does right of way revive ?

Where a person bought both the dominant and servient tenements with no intention of any subsequent separation of the two tenements, and where he sold one land to plaintiff and the other was sold in execution to defendant's predecessor in title.

Held, that the servitude (right of way), which had become extinct by merger, did not revive on the subsequent separation of the two lands.

THE facts appear from the judgment.

A. St. V. Jayawardene, for plaintiff, appellant.

H. J. C. Pereira, for defendants, respondents.

September 13,1920. SCHNEIDER A.J.-

The facts necessary for the decision of this appeal are these : One Edirisuriya acquired title to a highland and to some fields. At that date the owners of the fields had acquired by prescription a right of way over the highland to their fields. Edirisuriya owned and possessed both the highland and fields for nearly twenty years before this action. In 1918 and 1919 he sold the field