Present : Bertram C. J. and Schneider J.

 PERERA v. SAMARAKOON.

417-D. C. Colombo, 1,912.

Servitude-Owner of the dominant tenement acquiring an interest in the servient tenement-Is servitude extinguished ?-Admission on a point of law in the District Court-Is party making the admission bound by the admission in the Appeal Court ?

One of the owners of the dominant tenement does not lose his servitude over the servient tenement by acquiring an interest in the latter.

" An erroneous admission of counsel on a point of law has no effect, and does not preclude the party from claiming his legal rights in the Appellate Court."

THE facts are set out in the judgment of the District Judge (H. A. Loos, Esq.) :-

The plaintiff sues the defendant for a declaration that he is entitled to a right of way for carte and other vehicles over the defendant's lands Balawalakanatta and Haminewatta from the Gansabhawa road on the south to his (plaintiffs) fields on the north of the defendant's lands, along the track marked XXX shown in the sketch P filed with the plaint.

He states that under and by virtue of the deed Not, 2,703 dated December 9, 1919, he becam