Land Donation Dispute and Contractual Rights Claim


Takin and has specified in the contract to assign the aforementioned 2 rai of land to Wednesday, by the map attached to the contract, to give to Wednesday, the son of January, for Takin to take possession of it. Wednesday was to bear the expense of the division, to allow Akhar to divide the land according to the contract, but Wednesday informed January that Wednesday said to “I don’t respect you, I’d rather shit than eat your guts, I won’t let you have it. I ask Judge Winitchai to advise January and Wednesday how they can reclaim this land from Wednesday.” Judge Winitchai’s response was that January could not revoke the grant, because it was a donation according to the Civil and Commercial Code Section 104/2520. However, Wednesday had expressed an intention to retain the benefit of the land, 2 rai, which he was to receive according to the contract, and therefore sought to obtain those 2 rai of land, according to the Civil and Commercial Code Section 374. Wednesday sold a house and land with a deed, 1 plot, for 500,000 baht.