Vadivelu Ambikabalan v. Thusitha Sujatha de Lanarole – CA 649/97/F-2015

In Vadivelu Ambikabalan v. Thusitha Sujatha de Lanarole, the court addressed whether the appellant was entitled to specific performance of an agreement providing a right of way over the respondent’s land, despite the subsequent existence of a public road on the property’s western boundary. The central issue was whether party rights under the agreement should be determined at the time of instituting the action or in light of developments that occurred afterward. It was held that the agreement did not guarantee a permanent right of way over the respondent’s land where alternate access was provided, and evidence established that such access existed when suit was filed. The decision affirms the principle that contract terms and the state of access at the date of action control the outcome, wit