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" All the crops raised in Cherlathota have to be carted through Ootikunta way viz. A B C D of the plaint plan".

Excepting this bare statement there is also nothing in his evidence to show the ingredients of easement.

(20) The Commissioner's evidence as P. W. 1 also if taken into account would not be helpful for he has said nothing and he could not have as a matter of fact stated because he had no pesonal knowledge.

(21) Now, I have to see whether, as observed by the appellate Court, by the admissions of D. Ws. 1 to 3 this right of easement could be established. The admission by the defendants are said to be that the cart track F. H. D. shown in the Commissioner's plan which is F. E. D., according to the appellants, was a saline land, that during the rainy season and after wards till the summer season, set in, there would be quick-sands in the said tracks and that bulls could not pass through the same during the rainy season. The secircumstances viz., that the track F. H. D. was a saline land, that during the rainy season there would be quick sands and that bulls could not pass through that path, would not go to show easementary right could be established over A B C D and A B C E as claimed by the respondent herein, unless the ingredients required to establish that right over those cart-tracks are proved. It is clear therefore that the admission relied upon would not be helpful in establishing the right of easement.

(28) In the light of these authorities, if I refer to the facts of the instant case, I find that the respondent himself in his plaint has referred to another track F D E . The appellants also admitted the existance of this track and stated further that it is this track that has been used by the respondent to go to his field; where as the case of the respondent is that this track D E D was not in their use as this is saline land and during rainy seasons till summer sets in, there will be quick sands in the said track and it is impossible for the bulls to pass through. In other words, it is contended that it is practically impossible to use that track to go to his land. It is admitted by the appellants also in their evidence that during rainy season and after wards till full summer sets in there will be quick sands in the said track and that bulls cannot pass through the said track during that season, but go along the ridge of the adjoining patta land.' It is common ground therefore that there is a cart track F E D though during rainy season it is difficult for that track to be used. In other words, the cart track F E D would not be a convenient means of access, the respondent for a portion of the year namely, the rainy season. But on the ground that it is not a convenient means of access, the respondent would not acquire any right of easement of necessity under section 13 of the Easements Act. An easement of necessity such as is referred to in Sec. 13 means an easement could not be used at all and not one merely necessary to the reasonable enjoyment of the property.