M. Azwer Hassim vs P. K. Nimal Upali Alahakoon – SC APPEAL 153/2013-2024

In the case between P. K. Nimal Upali Alahakoon (and successors) and M. Azwer Hassim (and successors), the court addressed the entitlement of the plaintiff to a six feet wide right of way over land owned by the defendant. It was held that the necessary legal requirements under section 41 of the Civil Procedure Code—specifically, a clear and definite description of the servient tenement—were not met by the plaintiff. The court reaffirmed the principle that a praedial servitude must be established by a definite, continuous, and adverse usage of more than ten years, and the claimed right of way cannot be allowed in the absence of requisite clarity and evidence. Reliance was placed on statutory requirements and established legal precedents concerning servitudes and adverse usage, underscoring