Thamboo V. Annammah Et Al.,

1934 Present: Macdonell C.J.

THAMBOO v. ANNAMMAH et al.

98-C. R. Jaffna, 965.

    Servitude-Co-owners-Partition of land by deed-Lone reserved for common use-Sale of lot by one co-owner-No title to right of way.

Where a land held in common was partitioned by deed among the co-owners, a strip of land being reserved for their common use as a lane giving access to the several lots ; and where one of the co-owners sold a portion of his lot together with " the right accruing thereto in the lane reserved for common use as a thoroughfare "-

Held, that the conveyance did not give title to any portion of the soil of the lane or to a right of way over it.

A co-owner cannot grant a servitude over the common property without the concurrence of the other co-owners.

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

J V. Nadarajah, for defendants, appellants.

S. Subramaniam, for plaintiff, respondent.

Cur. adv. vult.

November 8, 1934. MACDONELL C.J.-

The points of law in this case are best introduced by a description of the piece of land giving rise to them. This piece of land was bounded on the east by a road, and it extend

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