Respected sir/ma'am here under is my query
O = Owner
M = Owner's Mother
L = Licensee
Q = Question
1. There is a property whose owner (O) was a minor as per a codicil which was written in 2001.
2. O had two guardians his mother & his grandmother who allowed O's chacha (L) to stay with his (L's) family from 2007 onwards on a separate portion of the said property on the basis of an oral license (no written agreement) without paying any rent.
3. The testator died in 2010.
4. L has been staying peacefully (no dispute or adverse possession claim) with permission of O's guardians since 2007.
5. O turned major in 2017.
6. O gifted his property to his mother (M) in Jan 2023.
7. M revoked the license of L in Feb 2024 via a written legal notice
8. L has denied to leave
Q1: Now is the Indian Limitation act 1963 Section 6 & 8 applicable in
1. Case for title
2. Or Case for decree
3. Or Case for possession
Q2: Considering O turned 21 in 2020 & the limitation act 1963 section 8, did O extinguished his right to
1. Revoke a license after 2020, even though L was just a licensee whose license could have been revoked anytime
2. File a case for possession in 2020, even though L was just a licensee whose license could have been revoked anytime
Q3: Since O neither revoked L's oral license nor filled a possession suit, hence are O's right to revoke a license & file a suit for possession already extinguished before he gifted the said property to M ?
Q4: If yes to the above question then can M file a case for possession with an extinguished right or she get fresh rights to sue ?
Q5: Did the cause action arose in
1. 2007 when minor's guardian allowed L to stay in the said property as a licensee)
2. Or 2010 when testator died
3. Or when M revoked L's license in 2024 by a legal notice to which which L denied with his own legal notice to M saying that L ahs already been living under an oral partition. As L claims oral partition & denies licensee theory but has no solid proof to prove oral partition of said property
Please correlate with the Judgement: Gujarat High Court
Ramanbhai Shamalbhai Patel Heirs Of vs Ravjibhai Motibhai Patel & 4 on 30 June, 2014
Author: N.V.Anjaria Bench: N.V.Anjaria from https://indiankanoon.org/doc/139155932/