R.S.A No. 4900 of 2004 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A No. 4900 of 2004 Date of decision : October 07, 2009 Tirath Ram, ...... Appellant (s) v. Suresh Kumari and others, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. R.Kartikeya, Advocate for Mr. Sanjiv Bansal, Advocate for the appellant. Mr. A.K.Bura, Advocate for the respondents. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) This appeal has been filed against the judgment of the lower appellate Court reversing that of the trial Court and thereby decreeing the suit of the plaintiff-respondent No.1 for declaration that she is joint owner in possession of 1/4th share of the disputed property; and for further declaration that the sale deed executed by respondent No.3 in favour of the appellant is invalid to the extent of 1/4th share of respondent No.1. The lower appellate Court found that the plaintiff/respondent No.1 being class-I heir of the father of the parties, namely, Kundan Lal Sammi was entitled to R.S.A No. 4900 of 2004 ::2:: 1/4th share in the suit property. The following question was proposed on 6.1.2005 :- “ Whether the plaintiff can claim mere declaration of being joint owner in possession without claiming the relief of possession when the defendant is admittedly in possession of the shop ?” In my opinion, since the plaintiff/respondent No.1 claimed to have inherited the property along with respondents No.2 and 3, she was a co-sharer along with them and, thus, could maintain the instant suit. In this view of the matter, this appeal is dismissed with no order as to costs. As the main appeal has since been dismissed, all the pending civil miscellaneous applications, if any, also stand disposed of. ( AJAY TEWARI ) October 07, 2009. JUDGE `kk'