K.Ahmad, J.

1. Both these applications in revision arise out of the same suit and are directed against a common order dated the 16th December. 1957. The application No. 2 of 1958 is by the plaintiffs while the other, namely, one bearing No. 280 of 1958, is by the defendants.

2. The suit giving rise to these petitions is one for partition, both of movable and immovable properties which are at present said to be jointly owned and possessed by the members of a common family governed under the Muhammadan Law. The facts of this case, to a large extent, barring a few here and there are admitted and the controversy at present before me is exclusively confined to one point only which the court below has at present disposed of at the instance of the defendants as a preliminary issue in the case.

3. It appears that some time in the early part of 3953 there was some difference among the members of the family over the possession of the properties jointly owned by them. That led to a reference to arbitration outside Court on 2-5-1953, to a body of 3 arbitrators: (1) Haji Muhammad Tahir, (2) Hussain Mian and (3) Haji Shamsuddin alias Karu. That was both for the settlement of their entire