Judgment :- 1. This revision is filed by No. 2 of the B-party against the order of the Executive First Class Magistrate, Kasaragod, declaring the A-party in possession of the property concerned in the proceedings. On being satisfied that a dispute likely to cause a breach of the peace exists concerning the possession of the property in dispute learned Magistrate passed a preliminary order. On receipt of the notice both parties filed written statements, affidavits and documents and after hearing the counsel for the parties learned Magistrate passed the impugned order. 2. It is contended by the learned counsel for the petitioner-B-party that the affidavits filed by them have not been considered and that only documents of title had been referred to in the order and merely saying that the learned Magistrate is unable to attach any weight to the affidavits as they could be easily got at, will not satisfy the mandatory provisions contained in sub-s. (4) of S.145. Learned counsel has brought to my notice a recent decision of this court in Narayanankutty Menon v. Sekhara Menon (1964 KLJ.179), where in similar circumstances the order of the Magistrate was set aside. 3. The affidavits required to be filed by the parties by the amended sub-s. (4) of S.145 take the place of oral evidence. The magistrate, therefore, before deciding the question of possession, has to peruse the statements of the parties as also the documents and the affidavits put in and if the order of the Magistrate does not show that he had considered the affidavits put in by the parties such an order ex facie will be held to be improper. 4. So without deciding whether on the documents referred to by the learned Magistrate the order could be supported, the order of the Executive First Class Magistrate is set aside and the petition is remanded for fresh hearing and disposal according to law and in the light of the observations made. As the A-party had already been put in possession in pursuance of the order of the Executive First Class Magistrate he will be allowed to continue in possession subject to the final orders in this case. Learned Magistrate will, after notice to the parties, expedite the disposal of the case. Allowed.