Jackson, J.

1. Petitioners seek to review the order of the Subdivisional Magistrate, Ramnad in regard to rights of thoroughfare claimed by the Nadars of Aruppukottai and denied by the Chettis of that place. The rights claimed are set forth in sub-paras, (a) to (f) of para. 3 of the lower Court judgment. About (b) and (e) there is no longer any dispute; the lower Court order stands.

2. As regards (a) and (c) as sot forth in para. 12 of the lower Court order the Nadars were restrained from exercising these rights by magisterial order in 1928 and 1929, and therefore cannot be said to have exercised them during the last occasions before the institution of the inquiry in January 1931. This brings them within the mischief of the proviso to Sub-clause 2, Section 147, Criminal P.C. The learned Magistrate has sought to get over the difficulty by importing into the proviso a gloss, and adding to "unless the right has been exercised on the last of such occasions," or its exercise on such occasions has been prevented by circumstances beyond the control of the parties seeking to exercise the right. There is nothing in this section to warrant the gloss, and its only authority is an unreported