050-NLR-NLR-V-63-FERNANDO-Appellant-and-PERERA-Respondent.pdf
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BASNAYAKE, C.J.—Fernando v. Perera
Present :Basnayake, C.J., and Sansonl.J.
FERNANDO, Appellant, and PERERA, RespondentS. O. 178—D. G. Negombo, 18093
Donation—Threat by donee to cause bodily injury to donotRevocability on ground
of ingratitude.
A threat by a donee to cause bodily injury to the donor constitutes an actof ingratitude and is, therefore, a valid ground for the institution of an actionby the donor to have the deed of gift set aside.
PPEAX. from a judgment of the District Court, Negombo.
T. B. Dissanayake, with Annesley Perera, for Plaintiff-Appellant.
No appearance for Defendant-Respondent.
November 16, 1959. Basnayake, C.J.—
This is an action by the plaintiff, who is the foster mother of thedefendant her adopted son, to have a deed of gift No. 10544 dated 11thMay 1953 and attested by Notary P. P. Goonewardene set aside on theground of ingratitude. She alleged three acts of ingratitude, namely,
an assault on her with a broom-stick,
a threat to cause bodily harm and injury to her, and
causing mischief and damage to the house occupied by her.
The learned District Judge has held that the plaintiff has exaggeratedthose incidents but he does not hold that they are entirely unfounded.He has however accepted the plaintiff’s evidence in regard to the incidentof the threat to cause bodily injury to her as her evidence is supportedby the evidence of an independent witness. But he holds that it doesnot constitute an act of ingratitude.
We are unable to agree. On that occasion the defendant chased afterthe plaintiff threatening to kill her and she had to seek refuge in the houseof the witness Mrs. Samarasekera who is a disinterested person. Shesays : " When I wras living in the Tuduwe road house I remember theplaintiff coming running into my house. I asked her why she camerunning, and she said that her son was coming to kill her.” The factthat the defendant more than once endeavoured to dissuade this witnessfrom giving evidence for the plaintiff is a circumstance which is in favourof the plaintiff and goes to reinforce the evidence of the witness. Thisincident by itself is sufficient to support the allegation of ingratitudeon the part of the defendant, and the plaintiff is therefore entitled to therelief she seeks.
The Colombo Buddhist Theosophical Society Ltd. v. Silva
237
W© accordingly make order setting aside the judgment of the learnedDistrict Judge and revoking the deed of gift marked P 3.
The plaintiff is declared entitled to the costs both here and below.Sansoni, J.—I agree.
Appeal allowed.