Kalyani v Narayanan
Rule established
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
- 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.
How to use it in an exam
- 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."
Source
Source: AIR 1980 Kerala 253
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.
Cited in study notes
Property LawPROP-5.1 Easements - Definition and EssentialsEstablishes that permission defeats prescription
Family Law I (Hindu Law)Partition Debts and Alienation of PropertyCross-reference on permissive use in property context