Jayasuriya v. Samaranayake – sllr 1982 volume 2 page 460

In the case between the heir of A. P. Jayasuriya (appellant) and A. P. Jayasuriya’s adopted daughter, Samaranayake (respondent), the court addressed whether an action for revocation of a deed of gift on grounds of gross ingratitude survives the donor’s death and if substitution of the plaintiff is permissible. It was held that such an action is in personam and, if death occurs prior to litis contestatio, does not survive to the donor’s estate, preventing substitution of the deceased’s heir as plaintiff. The holding reaffirms the principle that personal actions of this nature abate upon the death of the person entitled, emphasizing that rights of revocation on these grounds cannot be exercised by estate representatives. Reliance was placed on legal doctrine, including Maasdorp’s Institutes