Short Note : 1. In Criminal Miscellaneous Case No. 286/1972, under section 145 of the Code of Criminal Procedure. 1898, the learned Sub-Divisional Magistrate, Sironj, passed an order on 17-3-1973, declaring the non-petitioners Shyamlal and four others to be entitled to possession of the land in dispute, viz., Khasra No. 16, area, 13 Bighas, 10 Biswas of village Kajaryal Mandavaaa, Police Station Unarsital, until evicted thereform in due course of law and forbidding all disturbance of such possession until such eviction. Since the petitioner's revision against the order did not succeed before the learned Sessions Judge, Vidhoha, he has come up in this Court. Held : The only point argued before me by the learned counsel for the petitioner is that the affidavits of his witnesses were rejected off hand for no valid reasons with the result that there has been miscarriage of justice. The ground given for rejecting the affidavits is that the deponents have not clearly stated as to how much of the statement was true to the knowledge of the deponent and how much of it was passed of his belief, This is, no doubt, true; but there is enough and clear indication in the affidavits in question as to what is true to the knowledge of the deponents. The defect to which exeception has been taken, is to be found in the affidavits sworn in on behalf of the non-petitioners as well. It was expected of the learned Sub-Divisional Magistrate to bring the lacuna to the notice of the petitioner warning him about the consequences otherwise. No opportunity was, however, given to the petitioner to file fresh affidavit. I must interfere with the impugned order in the interest of justice. Case remanded. Revision allowed.