WASANTHA COORAY

VS.

INDRANI COORAY

SUPREME COURT
ALUWIHARE, J.
MALALGODA, J.
FERNANDO, J.
SC/APPEAL/174/2014
SC/SPL/LA/66/2014
CA/549/98/F
DC MT. LAVINIA 605/96/L
JULY 10, 2018

Revocation of an irrevocable deed of gift on gross ingratitude-Degree of proof of ingratitude

The plaintiff father gifted a house subject to his life interest to the defendant son. The son continuously harassed and intimidated the father to make him vacate the house so the son could come into occupation of it: the son inter alia scolded the father in obscene language and on one occasion assaulted the father causing injuries to his fore head and lips.

Held :

Ingratitude is a frame of mind which has to be inferred from the donee's conduct. Such an attitude of mind will be indicated either by a single act or by a series of acts. What constitutes ingratitude is a question of fact to be decided on a case by case basis. An assault to the donor by the donee is unmistakably an act of ingratitude. An irrevocable deed of gift can be revoked on proof of ingratitude.

Cases referred to :

1. Podinona Ranaweera Menike v. Rohini Senanayake [1992] 2 Sri LR 180
2. Krishnaswamy v. Thilla