1960 Present : Sansoni, J.

M. CORNELIS SINGHO et al, Appellants, and
V. P. S. PERERA et al., Respondents

S. C. 368-C. R. Avissawella, 1132

Servitude-Right of using a foot-path-Scope.

The right of using a foot-path does not include the right to take a vehicle over that path. It is nothing more than the right of being able to come and go on foot. The presence, therefore, of stiles at either end of the servient land cannot be said to impede the free use of the path by those who have the right to use it.

APPEAL, with application in revision, from a judgment of the Court of Requests, Avissawella.

S. B. Lekamge, for Plaintiffs-Appellants.

W. Wimalachandra, with M. T. M. Sivardeen, for 1st to 3rd Defendants-Respondents.

Cur. adv. vult.

November 28, 1960. SANSONI, J.-

There is no right of appeal in this case, but as an application in revision has also been filed I have heard counsel on the merits.

The question is whether the learned Commissioner was right in saying that the defendants, over whose land the plaintiffs have been granted a foot-path, should be allowed to retain a stile at either end where the path enters their land ;