OMPRAKASH TRIVEDI, J.:- This revision has been referred for decision to Full Bench by order of Hon'ble the Chief Justice, dated 17-4-1972 on the ground that there appeared to be a conflict between the two Division Bench decisions of this Court reported in Shri Ram v. Shripat Singh, AIR 1957 All 106 and Rahmetullah v. Vidya Bhusan, AIR 1963 All 602.

2. The facts leading to this reference, so far as material for our present purposes, are as follows:

There was a written agreement dated 9-2-1959 between the District Co-operative Development Federation Ltd., Pratapgarh, petitioner, and Ram Samujh Tewari, opposite party, by which Ram Samujh Tewari was appointed Thekedar for running a brick kiln. One of the terms of the agreement was that in case of dispute between the parties arising out of the agreement the same would be referred for arbitration by the Deputy Commissioner, Pratapgarh. In accordance with this stipulation an application was moved by the petitioner before the Deputy Commissioner alleging that there was a breach of terms of the agreement by the opposite party and the Deputy Commissioner was urged to decide the same. On this dispute the Deputy Commissioner gave an awa