1. Plaintiff alleged that a justiciable controversy existed, and that the court should take jurisdiction of such controversy and declare the rights and legal relations of the parties so that the plaintiff might be relieved from uncertainty and insecurity in respect to its rights, status and future conduct. While some of the defendants to this action admitted these allegations, the defendants Katrina and Ralph Jones in their answer denied the same. See Section 8 (b) of the Civil Practice Act (Code Ann. § 81A-108 (b); Ga. L. 1966, pp. 609, 619; 1967, pp. 226, 230).
2. As movant for summary judgment the plaintiff had the burden to establish as a matter of law whether he was entitled to a declaratory judgment. A declaratory judgment may not be granted where the rights of the parties have already accrued and there are no facts or circumstances showing that an adjudication of the plaintiff’s rights is necessary in order to relieve it from the risk of taking any future undirected action, which action without direction would jeopardize its interest. See
Pinkard v. Mendel,
Judgment affirmed.
