Pedris Et Al. V. Batcha Et Al.,

Present: Jayewardene and Garvin A. JJ.

PEDRIS et al. v. BATCHA et al.

439-D. C. Colombo, 2,388.

Excavation by adjoining landowner-flight to lateral support-Buildings -Prescriptions-Housing Ordinance, No. 19 of 1915-English law-Roman-Dutch law.

Plaintiff and defendant were adjoining landowners. The most reasonable use to which plaintiff's land could be put was for buildings on it. The defendant dug up his land to a depth of 15 feet up to and along plaintiff's boundary. The plaintiff alleged that his land had become unfit to support a building if put up within 7 feet of his boundary and claimed damages.

Held, that plaintiff was not entitled to damages.

APPEAL from a judgment of the Additional District Judge, Colombo (W. S. de Saram, Esq.): -

The facts are set out in the judgment of Jayewardene A. J.

Hayley (with him L. H. de Alwis); for appellants.-The District Judge has found that the first defendant, respondent, as lessee under the second and third defendants, respondents, has deprived the appellant's land of lateral support, but he has held that the respondents are not liable in damages, following the English law as laid do

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