Carlo Perera v. Lakshman Perera – sllr 1990 volume 2 page 302

The case between Carlo Perera (Plaintiff-Respondent) and Lakshman Perera (Defendant-Petitioner) addressed the issue of entitlement to a servitude right of way over the Defendant-Petitioners’ land. It was held that although Plaintiff-Respondents are entitled to a right of way, the District Judge’s order lacked clarity and included inconsistent descriptions concerning the location and dimensions of the claimed four-foot roadway. The principle reaffirmed is that rights of servitude must be clearly established and procedurally validated in accordance with due process. The decision relied on the assessment of procedural propriety, precedent on revision, and boundary clarification, emphasizing the need for precision in orders affecting property rights and requiring appropriate procedural steps t

REF: sllr 1990 volume 2 page 302 Category: Tag:
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