CHIRAKKAL SANKARAN NAIR Vs. SREEDHARAN NAIR

JUDGEMENT

(1.) 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.