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This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, arises out of a suit filed by Muhammad Hussain and Muhammad Boota, respondents Nos. 1 and 2, herein, against the petitioners on 2-2-1987, to remove the construction made by the petitioners on a site described by them as graveyard. During pendency of the suit the parties had entered into an agreement on 2-7-1987 to appoint Malik Khadim Hussain as Referee, who filed his report, dated 25-7-1987 on 29-7-1987 in the Court. The petitioners challenged the report of said Malik Khadim Hussain by tiling an application, dated 20-2-1988 on the ground that Malik Khadim Hussain acted as an Arbitrator and not as Referee. This application was accepted by the learned trial Court on 1-11-1993 on the ground that the report was an Award and not a statement. Respondents Nos. 1 and 2 filed a revision petition before the District Court, which was accepted by the learned District Judge, Sialkot on 13-5-1996. The order of the learned Civil Judge, dated 1-11-1993 was set aside and the petitioners application, dated 1-9-1993 was dismissed and the case was sent back to the trial Court for further proceedings.   Mr. Aamer Raza A. Khan, Advocate, learned counsel for the petitioners has argued that the Court below has totally overlooked and ignored and acted contrary to the provisions of Article 33 of the Qanun-e- Shahadat Order, 1984. He contends that Malik Khadim Hussain who was a retired Revenue Officer, was appointed with the consent of the parties to make a decision regarding the disputed land and therefore he had acted as Arbitrator. The learned counsel has referred to the proceedings conducted by the Malik Khadim Hussain on 10-7-1987, 17-7-1987 and 25-7-1987. Further contends that Malik Khadim Hussain, Qanungo, being a retired Revenue Officer acted as an Arbitrator and not as Referee and the intention of the parties was to obtain decision and not a statement. Reliance has been placed on Ghulam Farid Khan v. Muhammad Hanif Khan and others (1990 SCMR 763), Naveed Aziz and another v. Rauf Ali Syed 1996 CLC 1932 and Muhammad Jameel v. Allah Ditta (1996 MLD 700). The learned counsel finally…