1931

Present: Lyall Grant and Drieberg JJ.

FERNANDO et al. v. ARNOLIS.

346- D. C. Kalutara, 14,495.

Servitude-Right of way-All co-owners of servient tenement necessary parties- Owner of intervening land-Civil Procedure Code, ss. 18 and 33.

In an action for a declaration of a light of way all the co-owners of the servient tenement are necessary parties.

When the owner of an intervening land denies the existence of the right of way over his land, he should be made a party to the action.

APPEAL from a judgment of the District Judge of Kalutara.

N. E. Weerasooria, for the defendants, appellant.

M. T. de S. Amarasekera, for the plaintiffs, respondent.

April 30, 1931. DRIEBERG J.-

This is an action by the respondents to obtain a declaration of a right of way 10 feet wide for carts over the appellants' land Delgahawatta to the high road. The respondents claim this as the owners of Ambalanduwalanda, to which they are entitled on a partition decree in D. C. Kalutara, No. 4,409, and a deed No. 2,849 of June 13, 1917. Between their land and Delgahawatta is Ambalanduwakurundewatta owned by Hendrick. The appellants denied the right to a cart