M I Avvaumma vs M I Ahamed Lebbe – CA 968/96-2011

In the case between M I Avvaumma (Plaintiff-Appellant) and M I Ahamed Lebbe (Defendant-Respondent), the court addressed the issue of whether the plaintiff retained or had abandoned a servitude right to draw water from a common well located on the defendant’s property, as established by deed No 18468 of 7th September 1967. It was held that continued non-use of the servitude, coupled with leasing the plaintiff’s property without exercise of the right by tenants, constituted abandonment and resulted in the extinguishment of the right. The principle reaffirmed is that both principal and accessory servitude rights lapse upon abandonment, whether express or tacit. This decision drew upon precedents such as Fernando v. Mendis and Don Simon Peter v. James Fernando, reinforcing the requirement of o