JUDGMENT

Greaves, J. - This is an appeal by the defendants against a decision of the Subordinate Judge of the first Court of the 24-Parganahs confirming a decision of the Munsiff, 1st Court, Baruipur. The plaintiff who is a co-sharer landlord sued the defendants for his share of the rent of their holding for the years 1324 to 1327. The defendants' allegation was that on the construction of the potta the plaintiff was not entitled to claim the rent at the rate for which he sued but that there should be a deduction. A written statement was filed by the defendants on the 7th April, 1921, and subsequently they applied for measurement of the land and the application was rejected on the 8th July, 1921, as having been made at a late stage of the proceedings.

2. Three points have been urged before us in this appeal. The first point deals with the decision of the learned Judge in the Court below that when a co-sharer landlord sues a tenant for his share of rent the question of abatement of rent cannot be gone into in a suit so constituted having regard to the fact that the other co-sharer landlords are not before the Court. The second contention raised before us is that the learned Judge was