1930 Present: Dalton S.P.J. and Maartensz J.

UDALAGAMA v. TIKIRl BANDA.

453-D. C. Kegalla, 8,406.

Deed of gift-Action to set aside-Fraud and undue influence-Good faith of transaction-Burden of proof-Ordinance No. 14 of 1895, s. 111.

Plaintiff, an old man on his sick bed, signified to the defendant his desire to make over to the defendant and his sister (stepchildren of the plaintiff) certain properties which he had obtained from them. He entrusted the defendant with instructions to a notary to prepare deeds for the purpose. The defendant deliberately gave wrong instructions so that the deeds were drawn, conveying the properties to himself alone. Plaintiff, on discovering this, refused to sign the deed, whereupon he was induced by the defendant to do so on a verbal promise to carry out plaintiff's wishes.

Held (in an action brought by the plaintiff to set aside the deed), that the onus was on the defendant to prove the good faith of the transaction was an action brought by the plaintiff to set aside two deeds executed by him in favour of the defendant on the ground of intimidation, fraud, and undue influence. The plaintiff died bef