SOORIYA BANDARA

Vs.

PUSHPAWATHIE AND OTHERS

COURT OF APPEAL
SAMAYAWARDHENA, J.
CA/594/1996/F
DC KULIYAPITIYA 7558/L

Deed of gift-Presumption in favour of acceptance of a deed of gift- Burden of proof of non-acceptance-Revocation of an irrevocable deed of gift-Necessity for an order of court-Applicability of special laws

The plaintiff filed action against the three defendants seeking a declaration of title to the land in suit and ejectment of the defendants therefrom. After trial, the District Court dismissed the plaintiff's action on the basis that as the defendants are also co-owners of the land, the dispute ought to be resolved by way of a partition action. The plaintiffs case was based on the premise that the original owner revoked the deed of gift executed in favour of the two daughters by way of a subsequent deed of revocation. On appeal, the plaintiff contended that there was no acceptance of the deed of gift and the deed of revocation was valid. ·

Held:

1. The general principle is that a donation is not complete unless it is accepted by the donee.

2. There is a rebuttable presumption In favour of the acceptance of a deed of gift, and the