Telephix Technologies (Pvt) Ltd vs R.M. Jinasena – SC APPEAL 239/2014-2016

In the case between Telephix Technologies (Pvt) Ltd and R.M. Jinasena, the court addressed whether the Plaintiff-Respondent could establish a servitude of light and air over the Defendant-Appellant’s property sufficient to restrain the Defendant-Appellant from constructing a building. The sequence of events included the District Court’s denial of an interim injunction, a reversal by the Civil Appellate High Court, and an appeal by the Defendant-Appellant. It was determined that the Plaintiff-Respondent failed to prove a prima facie right to such servitude and that the possession of municipal building permits by the Defendant-Appellant supported the legality of construction. The holding reaffirmed that long-term enjoyment of light and air does not, in itself, confer a legal servitude absent