Dhanusekara vs. Jayasekera and Others – sllr 2016 volume 1 page 068

In Dhanusekara v. Jayasekera and Others, the Supreme Court addressed the issue of whether the servient tenement had been sufficiently and precisely described in the plaint to comply with Section 41 of the Civil Procedure Code in a claim for a servitude of a right of way, involving Dhanusekara (Plaintiff-Respondent) and Jayasekera and others (Defendant-Appellant). The Court determined that the lower courts’ decisions granting the right of way were flawed due to ambiguities in the metes and bounds of the disputed land and failure to join necessary parties. It was established that strict statutory requirements for land description must be satisfied, and meaningful evidence of possession is required. The prior judgments were set aside, the appeal was allowed, and no costs were ordered, reaffir