LILA DHAR AGARWAL Vs. YATISH AGARWAL

JUDGEMENT

(1.) Since, both revision petitions have arisen out of the same order dtd. 20/12/2016 passed by the Additional District and Sessions Judge No. 4, Kota in Civil Suit No. 3/2012, hence, they are being decided together.

(2.) Learned counsel for the petitioners-defendants (for short 'the defendants') submits that plaintiffs-non-petitioners Nos. 1 and 2 (for short 'the plaintiffs') had filed a suit for partition in which they stated that the property mentioned in para 2 and 3 of the plaint is of the joint Hindu family property and said property was not divided.

(3.) Learned counsel for the defendants further submits that the defendants had filed an application under Order 7, Rule 11 CPC in which it was clearly stated that said property was not joint Hindu family property. In relation to the, property which came in the share of the Daulatram Ji, he had executed a gift deed in favour of his wife on 21/12/1957. The plaintiffs had deliberately concealed these facts.