GANGESHWAR PRASAD, J. :- This application in revision has been laid before this Full Bench upon a reference made by Dhavan, J. It is directed against an order of the Judge Small Cause Court, Agra (exercising the powers of a Civil Judge) by which he reversed in appeal an order of the Munsif Fatehabad, Agra, refusing to set aside an award and sent back the case to him with the direction to hear and decide the suit in which the award was given.

2. The relevant facts are these. Basdeo Sahai, plaintiff, filed Suit No. 121 of 1949 in the court of the Civil Judge, Agra, against Gauri Shanker, Basant Lal and Sukh Ram for a declaration that he was in possession of the property in suit which is a house situate in Qasba Fizabad, district Agra as its exclusive owner and that the defendants had no right to disturb his possession over it in any manner. The suit was transferred to the court of the Munsif Fatehbad, Agra, by an order of the District Judge. During the pendency of the suit Gauri Shanker and Basant Lal defendants died and their heirs were brought on record. The case of the plaintiff was that the house in suit was the self-acquired and exclusive property of Saktoo who was an ad