JUDGMENT

Page, J. - This is a suit brought by a cosharer landlord u/s 148A, Ben. Ten. Act, to recover arrears of rent. The plaintiff has impleaded the two tenants of the land whose names are recorded in the Record-of-Rights, and has made his cosharer landlords pro forma defendants. One of the two tenants-defendants has not appeared. The other has pleaded that he is entitled to an abatement of rent on account of diluvion. The fact of diluvion has been established. It appears, however, that there are two other co-tenants of the holding who are not parties to the suit, and the plaintiff contended that the contesting defendant is not entitled to an abatement of rent in the absence of the other cosharer tenants. The trial Court upheld the plaintiff's contention, and passed a decree for the full arrears of rent claimed without abatement. On appeal the decree of the trial Court was set aside, and the suit was remanded for the ascertainment of the amount of the abatement to which the defendant was entitled. From that decree the plaintiff has preferred the present appeal.

2. The case was argued exhaustively before us, and we have no doubt what our decision should be. It is conceded by the app