Silva Et Al. V. Isohamy

Present: Bertram C. J. and Jayewardene A. J.

SILVA et al. v. ISOHAMY.

450-D. C. Galle, 18, 890

Servitude-Effect of a partition decree-Mutual rights of co-owners-Power of Court to provide for reasonable servitudes.

A partition decree extinguishes all easements not specific all; provided for in the decree, whether such easements be claimed as between co-owners or by the owners of neighbouring lands over the land partitioned.

Semble a Court has power in dealing with a partition action to provide for all reasonable servitudes as between co-owners. ' 1 servitude ne luminibus officiator would be such a servitude.

IN a partition action the plaintiff and the defendant had been allotted adjoining lands under the decree. Defendant's lot contained a house which was over ten years old, situated close to the defendant's boundary. Plaintiff proposed to erect a wall along his boundary, which it is admitted would interfere appreciably with defendant's light and air, and the present action was brought by the plaintiff to obtain a declaration of his right to build it.

Samarawickreme, for plaintiff, appellant.

M. W. H. de Silva, for defendant, res

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