Amarasuriya V. Ramanathan Chettiar

1938 Present: Maartensz and Hearne JJ.

AMARASURIYA v. RAMANATHAN CHETTIAR.

167-D. C. Galle, 35,662.

 Servitude-Right of cart way-Dominant and servient tenements not adjacent-Right to claim servitude.

Where the plaintiff claimed the servitude of a cart way over the defendant's land which was separated from plaintiff's land by an intervening field over which the plaintiff had only a right of footway.

Held, that the plaintiff was not entitled to claim the servitude of a cart way unless he was entitled to a similar servitude over the intervening land.

APPEAL from a judgment of the District Judge of Galle.

Plaintiff as owner of a land called Amukotukande asked for a declaration of title to a right of cart way over Sindamani estate belonging to the defendant.

Between the plaintiff's land and defendant's estate there was an intervening field over which the plaintiff had only a right of footway.

The defendant admitted that plaintiff was entitled to a right of footway but denied that he had acquired a right to use it for vehicles.
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The learned District Judge held that the plaintiff had used the road as a cart way for

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