Withanarachchige Vyting Perera vs. W.A.Jayasena and Wasantha Perera – CA 777/99 F -2018

In the case between Withanarachchige Vyting Perera (represented by Warusapperuma Aratchige Indra Gunawardana and others) and W.A. Jayasena and Wasantha Perera, the core issue addressed was whether the plaintiff-appellant was entitled to a widening of an alleged right of way from four feet to twelve feet across land belonging to the defendants, either on grounds of prescription or necessity, and whether the non-joinder of all servient tenement owners warranted dismissal of the action. The holding affirmed that dismissal was justified due to failure to join all necessary parties, and further, the essential requirements for grant of a right of way, by prescription or necessity, were not evidenced. The decision reaffirmed that all servient tenement owners must be joined for a real action affec