Sobhitha Rajakaruna J.

One Kariyawasam Majuwanage Gnanaratna (‘Plaintiff’) gifted his property in suit to his wife (‘1^st Defendant’), subject to his life interest, by way of the Deed of Gift No. 135 attested by K.A.P. Gunathilaka, Notary Public, on 28.07.1998. The 1^st Defendant, thereafter, gifted the said property to her daughter (‘2^nd Defendant’) from her first marriage, by way of the Deed of Gift No. 195 attested by K.A.P. Gunathilaka, Notary Public, on 23.02.2005. The Plaintiff instituted the action bearing No. L/270/09 in the District Court of Nugegoda (‘District Court’) against the said 1^st and 2^nd Defendants, praying inter alia that the said Deed of Gift No. 135 be revoked on the ground of alleged gross ingratitude by the 1^st Defendant. Additionally, the Plaintiff prayed that the said Deed No. 195 also be revoked on the basis that it had been attested fraudulently in favour of the 2^nd Defendant, while the Plaintiff was still in possession of the subject premises.

The Plaintiff passed away on 01.02.2011, after the 1^st and 2^nd Defendants had filed their Answers but before the initial Trial date in the District Court. Consequently, the Petitioner-Petitioner-Appellant (‘Appellant’