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4. According to the plaintiff, after the death of Sawai Singh he became the owner of house No.25 and after the death of Kishore Singh the defendants became the owner of house No.22 and accordingly their names have been recorded in the record of Municipal Council. There is a common land behind the plot No.22 and 25 area 25.2 x 53.7 = 653 sq. ft. which was belonging to the father-in-law of Late Gulab Singh namely Late Nanji Baghela. During his life time the name of Sawai Singh son of Gulab Singh was mutated in the records in the year 1969-70 with the permission of Municipal Council. Savai Singh constructed a two storied house (hereinafter referred as "suit property"). According to the plaintiff, at the time of partition between five brothers the suit property was recorded in the name of Kishore Singh in the revenue record in the year 1975-76.