Luciya v. Somaratne – sllr 1981 volume 2 page 499

In the case between the plaintiff-respondent and the 1st and 2nd defendants-appellants (with 3rd–6th defendants discharged), the court addressed the issue of whether the plaintiff had acquired a servitude of right of way (cartway) by prescription over lands owned by the appellants and whether a subsequent deviation in the route altered or extinguished this right. The holding affirmed the plaintiff’s right by prescription and awarded damages, clarifying that deviation of the cartway at the appellants’ request did not amount to intentional abandonment, and that the servitude remained intact. Reference was made to established legal authorities, emphasizing that abandonment of a prescriptive right requires clear evidence of intention, which was absent. The judgment underscored that appellate r