A suit for declaration of legal heirship is maintainable under Section 34 of the Specific Relief Act without seeking further relief, especially when the defendant denies the plaintiff's legal status.

JUDGMENT:

This Second Appeal No.285 of 2009 is filed by the appellants - respondents - defendants aggrieved by the judgment dated 21.11.2008 passed in A.S.No.86 of 2004 by the I Additional Chief Judge, City Civil Court in reversing the judgment dated 13.02.2004 passed in O.S.No.324 of 2000 by the XVIII Junior Civil Judge - cum - Additional Rent Controller, Secunderabad.

2. The parties are hereinafter referred as arrayed before the trial court as plaintiff and defendants.

3. The plaintiff filed the suit for declaration of his status as the sole legal heir and successor of the deceased Pujari Ramnath and Smt.Laxmi Bai.

4. The case of the plaintiff was that he was the brother's son of the deceased Pujari Ramnath, who died in the year 1964 and before his death, the deceased Pujari Ramnath executed a Will on 13.10.1964 in respect of his properties bearing Municipal Nos.12-10-227, 8 and 229 situated at Seetafal Mandi. As per the said Will, the said properties were bequeathed in favor of his wife Smt. Laxmi Bai till her lifetime and thereafter in favor of the plaintiff. The plaintiff submitted that Pujari Ramnath also owned a property bearing Municipal No.12- 10-230. He purchased the same in the name of his wife Smt. Laxmi Bai, who also died intestate on 06.01.1990 leaving behind the plaintiff as the only successor to the estate of deceased Smt. Laxmi Bai. The deceased Pujari Ramnath and Smt. Laxmi Bai had neither any issues nor any first class heirs. As such, the plaintiff was the only legal heir and successor to the estate of the deceased Pujari Ramnath and Laxmi Bai.

4.1. The plaintiff further submitted that the deceased Laxmi Bai before her death, called the plaintiff and gave the original Will executed by her husaband and requested him to reside with her. Accordingly, the plaintiff along with his family started residing with the deceased in the house bearing No.12-10-229, Seethafal Mandi, Secunderabad. As per the Will, the plaintiff became the owner of the property bearing Municipal Nos.12-10-227, 8 and 229. Since the property bearing Municipal No.12-10-230 was in the name of the deceased Laxmi Bai, who died intestate, the plaintiff being the only legal heir demanded rent from the tenant by name V.M.Joshi for the house bearing Municipal No.12- 10-230, which was in his occupation. But the tenant refused to pay the rents denying the plaintiff as legal heir and successor of the deceased Laxmi Bai.

5. Considering the attitude of the tenant, the plaintiff filed eviction petition on the file of the Additional Rent Controller, Secunderabad vide R.C.No.135 of 1991 on the ground of willful default. But the said eviction petition was dismissed by the Court on 14.02.1994, considering that the petitioner failed to produce any document to establish that he was the successor of the estate of the deceased Pujari Ramnath and Laxmi Bai. Taking advantage of the said fact, the tenant was enjoying the property without paying any rent. In view of the said facts, the plaintiff filed O.S.No.1352 of 1998 on the file of the XI Junior Civil Judge, City Civil Court, Secunderabad against V.M.Joshi for declaration to declare that the plaintiff was the sole legal heir and successor to the estates of deceased Pujari Ramnath and Laxmi Bai, in which, on 02.02.1999, a memo had been filed by defendant No.1 stating therein that V.M.Joshi alias Y.M.Joshi died on 10.02.1994. As such, the Court dismissed the said suit on 24.02.1999 (correct date of dismissal: 16.02.1999) as abated. The plaintiff left with no other alternative filed the present suit for declaration to declare that he was the sole legal heir and successor to the estates of the deceased Pujari Ramnath and Laxmi Bai.

6. The defendant No.2 remained ex-parte.

7. The defendants 1 and 3 filed written statement contending that the plaintiff had no manner of right, title or interest over the suit property. He was a total stranger. The prefix “Pujari” to the name Ramnath was not a surname. The deceased Ramnath was a Po