Lokukankanamage Clemant Harischandra Peiris vs Hewawasam Sarukkalige Allen Peiris – CA NO. 509/2000 F-2013

The case between Lokukankanamage Clemant Harischandra Peiris (Plaintiff-Appellant) and Hewawasam Sarukkalige Allen Peiris (Defendant-Respondent) addressed whether the Plaintiff-Appellant was entitled to a declaration of title to Lot ‘A’ depicted in Plan No. 346, and whether the Defendant-Respondent had acquired a servitude of right of way over said Lot ‘A’. It was determined that the Plaintiff-Appellant lawfully owned Lot ‘A’, and the Defendant-Respondent’s claim to a right of way was unsubstantiated. The holding reaffirmed the principle that servitudes or rights of way must be established by credible and sufficient evidence in accordance with the applicable property law. The decision relied on the analysis of documentary and testimonial evidence, emphasizing that claims of servitude canno