Present: Dalton J.     1929.

FERNANDO v. FERNANDO.

20-C. R. Chilaw, 22,727.

Right of way-Claim over three separate lands-Partition decree in respect of one land without conserving the right-Extinction of servitude.

Where the plaintiff claimed by prescription a right of way from his land to the high road across three lands, owned severally by the defendants, and where a partition decree had been entered in respect of one of the servient tenements without the decree conserving the right of way,-

Held, that the right of way was extinguished.

A way of necessity is limited to the absolute necessities of the case.

THE plaintiff claimed a right of way by prescription from his land, Bogahawatte, over three lands to the Colombo-Chilaw high road. In the alternative he claimed a cart way of necessity. The land immediately to the west of Bogahawatte was owned by first to tenth defendants; then intervened the land belonging to the twelfth defendant, and the land between it and the high road belonged to the heirs of one Domenico Fernando. The first to tenth defendants and the eleventh and twelfth defendants by their answer denied that the plaintiff