MOHAMED LEBBAI

VS.

MOHAMED ABIYAR AND OTHERS

SUPREME COURT
JAYAWARDENA, J.
SURASENA. J.
AMARASEKARA, J.
SC/APPEAL/127/2012
SC/HCCA/LA/57 /12
NWP/HCCP/KUR/97/07/F
DC KURUNEGALA 3532/L
MAY 15, 2020

Declaration of title and ejectment-Deed of gift-Non-acceptance of the gift-Revocation of the gift-Failure to raise an issue of fact in the trial court-Jurisdiction of the appellate court-Applicability of special laws

A mother gifted land to her son by way of a deed of gift and the son later transferred the land to the plaintiff. On the same day as the land was transferred to the plaintiff, the mother revoked the gift on non-acceptance and ingratitude. Upon the death of the mother, her children including the said donee transferred their rights to the land to one son who transferred it to the defendant. The plaintiff filed action in the District Court seeking a declaration of title to the land and ejectment of the defendant there from. The main issue before the District Court was whether the deed of gift had been validly revoked. This issue was answered in the affirmative on the basis that the mother was subject to Kandyan Law and therefore could revoke the g