Munidasa Silva v. Lasantha Fernando – sllr 2003 volume 3 page 196

The case between Munidasa Silva (Plaintiff-Respondent) and Lasantha Fernando (Defendant-Appellant) addressed the issue of whether a right of way (servitude) created by a partition decree becomes extinguished by non-use and the allocation of the burden of proof concerning prescriptive rights and the continued existence of servitude. It was determined that a right of way demarcated on a partition plan remains operative even in the absence of use, and the burden lies on the party asserting prescriptive acquisition to prove such a claim. The principle was reaffirmed that the reservation of a servitude in a partition action is not automatically extinguished by non-use, relying on relevant statutes and legal authorities which emphasize the durability of servitudes marked by partition decrees. Th