1935   Present  :  Koch J. and Soertsz A.J.

DIAS v. FERNANDO.

 175-D. C. Kalutara, 16,938.

Servitude-Right of cartway-Deviation of route by agreement-No notarial instrument-Validity.

Where a person acquired a right of way over another's land and a deviation of the route was effected by a mutual agreement, which was not notarially attested,-

Held, that the servitude attached to the new route.

APPEAL from a judgment of the District Judge of Kalutara.

H. V. Perera (with him Ranawake and Kurukulasooriya), for defendant, appellant.

M. T. de S. Amarasekera (with him N. E. Weerasooria), for plaintiff, respondent.

September 30, 1935. KOCH J.-

The appeal is by the defendant from a judgment of the District Judge, which declared the plaintiff entitled to a right of cartway from her land over the defendant's land to a main road.

It is clear, and the learned District Judge has found, that a cartway was used by the plaintiff over the defendant's land for a considerable number of years, leading from the plaintiff's land to a point which presently is occupied by " steps " abutting the main road. About seven or eight years prior to 1934 when the trial