Jayasekera Hamine V. Agida Hamine

1944 Present: de Kretser J.

JAYASEKERA HAMINE, Appellant, and AGIDA HAMINE, Respondent.

65-C. R. Colombo, 87,297.

Servitude of footway-Obstruction to prevent cattle trespass-Footway includes right of use bicycle or wheelbarrow-Right to free use of way.

Where the plaintiff claimed the servitude of a footway three feet wide over the defendant's land and where the defendant pleaded that she was entitled to put up a contrivance of logs at the entrance to the path in order to protect her land from cattle.

Held, further, that the servitude of footway (iter) includes the right to have the obstruction removed.

Held, further, that the servitude of footway (iter) includes the right to use a bicycle or wheelbarrow.

APPEAL from a judgment of the Commissioner of Requests Colombo.

L. A. Rajapakse, K.C. (with him Kingsley Herath), for the plaintiff, appellant.

N. E. Weerasooria, K.C. (with him E. B. Wikremanayake), for the defendant, respondent.

Cur. adv. vult.

December 8, 1944. DE KRETSER J.-

The plaintiff brought this action on October 13, 1942, alleging that a path used by her, and on which a wheelbarrow and cycle were used, had

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