Property lawEasementKerala High Court

Kalyani v Narayanan

AIR 1980 Kerala 25319801 min read
The case in brief30-second read
Facts
The plaintiff used a pathway over defendant's land for over 30 years. Use was initially by express permission of defendant's ancestors. The plaintiff claimed prescriptive easement after 20 years of continuous use.
Issue
Whether use that began as permissive (licensed) can ripen into prescriptive easement after 20 years.
Held
Permissive use can never become prescriptive. The user must show "as of right" (nec precario: not by leave). Permission negates the hostile character required for prescription. Even 30+ years of permissive use creates no easement.
Principle
Permissive use (by licence) can never ripen into prescriptive easement regardless of duration; use must be 'as of right'

Facts

  • The plaintiff used a pathway over defendant's land for over 30 years. Use was initially by express permission of defendant's ancestors. The plaintiff claimed prescriptive easement after 20 years of continuous use.

Issue

  1. Whether use that began as permissive (licensed) can ripen into prescriptive easement after 20 years.

Held

  • Permissive use can never become prescriptive. The user must show "as of right" (nec precario: not by leave). Permission negates the hostile character required for prescription. Even 30+ years of permissive use creates no easement.

Ratio decidendi

Section 15 requires use "as of right," meaning the user must claim an independent right, not acknowledge the owner's grace. Permission (express or implied) is the antithesis of "as of right." The moment you ask permission, you acknowledge you have no right.

Exam use

How to use it in an answer

  • Primary authority on the "as of right" requirement (S.15)
  • Key line: "Permissive use can never ripen into prescription; permission negates the claim of right."

Cite this

Citation

Kalyani v Narayanan AIR 1980 Kerala 253

Reported: AIR 1980 Kerala 253. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.