Wijeygoonewardene V. De Silva

1938 Present: Maartensz and Moseley JJ.

WIJEYGOONEWARDENE v. DE SILVA.

40-D. C. Kandy, 48,132.

Public stand for omnibus-No right of way or user to public-Not a road or street-Motor Car Ordinance, No. 20 of 1927.

The public are not entitled to a right of way or user over a public stand provided for omnibuses under the regulations issued under the Motor Car Ordinance.

APPEAL from a judgment of the District Judge of Kandy. The facts are fully stated in the judgment.

N. Nadarajah (with him S. W. Jayasuriya and U. A. Jayasundere), for defendant, appellant.

N. E. Weerasooria (with him E. B. Wikramanayake), for plaintiff, respondent.

Cur. adv. vult.

May 10, 1938. MAARTENSZ J. -

The defendant appeals from a decree of the District Court of Kandy (1) declaring the plaintiffs entitled to the right of approach and access to their premises from the Railway Approach, road and from their premises to the Railway Approach road; (2) ordering the defendant to demolish the house marked No. 2 depicted in the plan X filed of record in the case; (3) ordering the defendant to pay the plaintiffs damages at the rate of Rs. 50 per mensem ?till

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