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JOHNSON JOHN, SATHISH NINAN
Chirakkal Sankaran Nair, [Died; Lrs Impleaded] S/O. Sreedevi Amma – Appellant
Versus
Ponguzhi Parambath Sreedharan Nair [Died] – Respondent
JUDGMENT :
Sathish Ninan, J.
This second appeal is before us on a reference. The question posed essentially is, “Is it an invariable rule that a prescriptive easement right of way cannot be claimed over ridges of paddy fields?”
2. The reference order doubts the correctness of the judgment of a learned Single Judge in Thottathil Thamasikkum Cherootty alias Balan v. Puliyaratharayil Velayudhan Nair (AIR 1998 Kerala 164). Therein this Court held, “It is a common feature in Indian villages that people generally pass over the ridges between two paddy fields. Their right of way can only be permissive”.
3. We have heard learned counsel Sri.K.P.Sudheer the learned counsel for the appellants and the learned Senior Counsel Smt.Sumathy Dandapani on behalf of the respondents.
4. In Smt.Balley and another v. Rama Shanker Lal and others (AIR 1975 Allahabad 461) it was held,
The presumption of permissive use applies to ridges of paddy fields, and the burden is on the claimant to prove a prescriptive right of way.
The prescriptive right to an easement requires uninterrupted, open user of the pathway, not existing under consent, corroborated by the surrounding facts and circumstances.
The main legal point established in the judgment is the requirement for specific pleadings and categorical evidence to establish the right of easement by prescription, as well as the essential ingred....
The court established that an easementary right can be acquired through long-term, uninterrupted use, even if the specific phrase 'as of right' is not explicitly stated in the pleadings, provided the....
Easement by prescription requires proof of continuous use for the statutory period; mere permissive use does not establish a right.
Establishment of easement rights requires explicit documentation, and mere permissive rights do not confer legal easements; plaintiffs failed to prove their claim.
Plaintiff failed to establish the existence of an easementary right over the claimed suit way, leading to dismissal of the suit.
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