Fernando Et Al., V. Dona Maria Et Al.,

1930

Present: Dalton J.

FERNANDO et al. v. DONA MARIA et al.

175-C. R. Kalutara, 11,796.

Servitude-Right of way over several contiguous lands-Owners of all servient tenements- Necessary parties.

Where an action is brought to" vindicate a right of way over several contiguous lands it is necessary to join the owners of all the servient tenements over which the right of way is claimed.

APPEAL from a judgment of the Commissioner of Requests, Kalutara.

Ameresekere, for defendants, appellant.

Hayley, K.C. (with him F. C, Perera), for plaintiffs, respondent.

December 11, 1930. DALTON J.-

The plaintiffs, husband and wife brought this action for a declaration of a right of cart way from the Galle-Colombo high road, across four pieces of land marked lots 1 to 4, to their premises as shown on the plan PI produced in the case. In addition they claimed an injunction and damages.

The defendants are owners of lot 3, the plaintiffs themselves owning lot 2, the owners of lots 1 and 4 are not parties to the action, but some of them have been called as witnesses for the defence and they deny any right of way to plaintiff for carts across

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