IMPORTANT POINT
A declaratory relief under Section 34 of the Specific Relief Act can be granted when there is a denial of legal character or title, even if no further relief is sought.

JUDGMENT :

M.G. Priyadarsini, J.

Heard Ms. Manjari S. Ganu, learned counsel for the appellant and Mr.C. Kumar, learned counsel for the respondents.

2. Aggrieved by the Judgment and Decree dated 11.01.2023 passed in O.S.No.116 of 2020 on the file of learned X Additional Chief Judge, City Civil Court at Hyderabad, the sole plaintiff preferred the present Appeal.

3. For the sake of convenience, the parties hereinafter are referred to as they are arrayed before the Trial Court.

4. The brief facts of the case are that appellant herein i.e., plaintiff, who is alleged to be the wife of late Kuo Chien Gavin Liu, filed O.S.No.116 of 2020 against defendant Nos.1 to 4, who are her children to declare herself and defendant Nos.1 to 4 as legal heirs of late Kuo Chien Gavin Liu and also to declare the plaintiff as absolute owner and possessor of the suit schedule properties by virtue of Will Deed dated 20.09.2012 executed by Kuo Chien Gavin Liu. A perusal of plaint averments discloses that during the life time of late Kuo Chien Gavin Liu, he acquired the suit schedule ‘A’ to ‘C’ properties vide Exs.A2, A5 and A6 respectively. The plaintiff submitted that Kuo Chien Gavin Liu passed away on 21.11.2012 vide Ex.A1 death certificate leaving behind the plaintiff and defendant Nos.1 to 4 as his sole and surviving legal heirs. During the life time of Kuo Chien Gavin Liu, he executed Will Deed under Ex.A4 bequeathing the suit schedule properties in favour of plaintiff, who became absolute owner and possessor of the suit schedule properties. Thereafter, when the plaintiff intended to dispose of the suit schedule properties, the defendant Nos.1 to 4 denying the same and intending purchasers are insisting to get declaration from competent court. Hence, the plaintiff was constrained to file the suit.

5. In reply, the defendant Nos.1 to 4 filed written statement admitting the claim of the plaintiff that their mother i.e., the plaintiff becamse absolute owner and possessor of the suit schedule properties by virtue of Will Deed executed by their father Kuo Chien Gavin Liu.

6. Apart from examining herself as PW1, the plaintiff got examined the elder brother of Kuo Chien Gavin Liu as PW2 and also exhibited Exs.A1 to A6 on her behalf. The defendants failed to adduce either oral or documentary evidence. The Trial Court has dismissed the suit of the plaintiff on the ground that, to maintain a suit for relief of declaration of any legal character, or to any right as to any property of a person, there must be another person or interest to deny the title of such persons to such character or right. Aggrieved by the same, the plaintiff preferred the present Appeal.

7. There is no dispute with regard to the death of late Kuo Chien Gavin Liu on 21.11.2012 as is evident from Ex.A1 death certificate. The plaintiff relied upon Ex.A4 i.e., original Will Deed to substantiate that she has become the absolute owner and possessor of the suit schedule properties, which were acquired by her husband Kuo Chien Gavin Liu under Exs.A2, A5 and A6. The observation of the Trial Court in the impugned judgment is that mere purpose of getting declaration as the intending purchasers insisted to get declaration from the competent court is not a ground to grant relief of declaration to the plaintiff and defendant Nos.1 to 4 to be declared as legal heirs of late Kuo Chien Gavin Liu.

8. It is specific case of the plaintiff that when she intended to dispose of the properties, she was asked to produce legal heir certificate from competent court. This statement clearly discloses that the prospective purchasers sought for proof from the plaintiff to establish that plaintiff and defendant Nos.1 to 4 are the only legal heirs of late Kuo Chien Gavin Liu. When the plaintiff and defendant Nos.1 to 4 were asked to establish that they are the only legal heirs of late Kuo Chien Gavin Liu, it is nothing but denial of the relationship between the plaintiff, defendant Nos.1 to 4 and late Kuo Chien Gavin Liu by the d