IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942 RSA.No.1272 OF 2011 AGAINST THE JUDGMENT AND DECREE DATED 01-03-2011 IN AS 77/2008 OF SUB COURT, CHENGANNUR AGAINST THE JUDGMENT AND DECREE DATED 21-08-2004 IN OS 151/2002 OF MUNSIFF COURT, CHENGANNUR APPELLANT IN R.S.A.- RESPONDENT IN A.S.- DEFENDANT IN SUIT:

TOM, KOCHUPUTHENPURACKAL VEETTIL, PRAMATTAKKARA MURI, PANDANADU VILLAGE, CHENGANNUR TALUK, REPRESENTED BY HIS POWER-OF-, ATTORNEY HOLDER M.K.MAMMEN, S/O.VARGHESE MAMMEN, RESIDING AT MOOLAYIL HOUSE, ANGADICAL, CHENGANNUR VILLAGE, CHENGANNUR TALUK.

BY ADVS.

SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SRI.P.B.SUBRAMANYAN RESPONDENT IN R.S.A- APPELLANT IN A.S.-PLAINTIFF IN SUIT:

SARAMMA JOHN, THATTARUZHATHIL VEETTIL, UMAYATTUKARA MURI, THIRUVANVANDOOR VILLAGE, CHENGANNUR TALUK.

PIN-689 106, THIRUVANVANDOOR PO, R1 BY ADVS. SRI.SAJJU.S SRI.K.SHAJ THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 25.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Whether passing over through a paddy field would constitute user 'as of right' for the purpose of acquisition of prescriptive right, wh