2018 AIR CC 821 (KER) ::(2018) 1 CivilCourtC 559 ::(2018) 2 CurCC 97 ::(2017) 4 Ker LT 971 ::(2017) 4 Ker LJ 776

Kerala High Court

Hon'ble Judge(s): B. Kemal Pasha , J

(A) Easements Act (5 of 1882) , S.15— Easement by prescription - Permissive user, for whatever period, never creates right of acquisition by prescription - Father of respondent permitted appellant to make use of pathway through an oral grant for taking building material as shortcut through northern extremity of property - Appellant categorically admitting contention of permissive user taken by respondent - It cannot be said that permissive user is 'as of right' - Will not create right of acquisition by prescription. Evidence Act (1 of 1872) , S.17— (Para 11 12 13) (B) Civil P.C. (5 of 1908) , O.41 R.27— Additional evidence at appellate stage - Appellant wants to show that he was residing in suit property even 25 years back - Wanting to produce ration card and Panchayat certificate at appellate stage - Held, cannot be believed that despite due diligence he could not produce said documents before trial court - Cannot be permitted to produce said documents at appellate stage. (Para 14) .....