1956 Present: Basnayake, C.J., and de Silva, J.

VELUPILLAI, Appellant, and SUBASINGHE and another, Respondents

S. C. 152-D. C. Kurunegala, 5,320

Servitude-Bight of way-Right of a lessee to acquire it by prescription- Way of necessity.

A servitude cannot be granted by any other than the owner of a servient tenement, nor acquired by any other than by him who owns an adjacent tenement. Therefore, where a land is divided by its owner into two portions and each portion is given on lease to a different person the lessee of one portion cannot claim from the other lessee a right of way by prescription over the other portion. Nor is he entitled to claim a way of necessity.

APPEAL from a judgment of the District Court, Kurunegala.

E. G. Wikramanayake, Q.C., with T. B. Dissanayake, for plaintiff appellant.

H. V. Perera, Q.C., with Kingsley Herat and Stanley Perera, for defendants-respondents.

March 1, 1956. BASNAYAKE, C.J.-

By an indenture of lease dated 10th February 1897 two bhikkhus by name Parusselle Dhammajoti and his pupil Akwatte Dewamitta of Malwatta Vihare leased to Jeronis William Charles de Soysa a land called Aturukultenne in