Bulathsinhalage Harischandra Wasantha Cooray vs Bulathsinhalage Edwin Cooray – CA NO. 549/98 F -2014

In the case between Bulathsinhalage Edwin Cooray (plaintiff-respondent) and Bulathsinhalage Harischandra Wasantha Cooray (defendant-appellant), the court addressed whether a deed of gift could be revoked on the ground of gross ingratitude. It was held that the defendant’s assault upon the plaintiff constituted gross ingratitude, thereby justifying the revocation of the deed. The principle reaffirmed is that even a single act of “atrocious injury” by a donee against a donor warrants revocation of a gift. Reliance was placed on the authorities of Podinona Ranaweera Menike v. Rohini Senanayake and Crhisnaswamy v. Thilleipalam, emphasizing that substantial, uncontroverted evidence of physical harm satisfies the legal test for such revocation and that lower courts’ factual findings are to be re

REF: CA NO. 549/98 F -2014 Category: Tag:
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