1946 Present: Jayetileke and Rose JJ.

SINNAMMAH, Appellant, and NALLANATHAR, Respondent.

221-D.C.Jaffna, 1,850

Donation-Gift by wife in favour of husband-Action for revocation-Gross ingratitude-Roman-Dutch law.

Under the Roman-Dutch law a donation inter vivos may be revoked if the donee assaults the donor, although the latter may have agreed not to revoke it.

THIS was an action brought by the plaintiff to revoke a deed of gift made in favor of her husband on the ground of gross ingratitude. The learned District Judge held that the defendant had assaulted the plaintiff and gave judgment for her.

N. Nadarajah, K.C. (With him H.W. Jayewardene and S. Sivasubramaniam), for the defendant, appellant. -The plaintiff seeks to have a deed of donation executed by her in 1932 in favor of her husband, the defendant, revoked on the ground of ingratitude and cruelty. In August, 1942, the plaintiff left her husband and later instituted maintenance action. Her allegation, in that case, of cruelty was, however, rejected by Court. The dismissal of the maintenance case would operate as res judicata in the present case-Jainambo v. izzadeen 1; Rankiri