RANAWAT, J.

( 1 ) HANUMAN Bux filed a suit against Dev Dutt in the Court of Munsil Jaipur west on the 21st July, 1948 for Rs. 30/- as arrears of rent and Rs. 100/- as damages for the use and occupation of the premises from the 1st of June 1948 to 20th of july 1948 at the rate of Rs. 2/- per day. The defendant admitted the liability of rs. 30/- as rent but contested that he was not liable to pay any damages at the rate of Rs. 2/- per day. For the period for which the plaintiff claimed damages at a higher rate, the defendant only admitted the liability to pay at the rate of rs. 30/- per month. The trial Court held that the defendant was liable to pay damages at the rate at which the plaintiff made a claim against him by virtue of the notice that was served by the plaintiff upon the defendant. In appeal, the district Judge reversed the finding of the trial Court and held that on account of the provisions of Sections 3 and 5 of the Rent Control Order. 1947, the plaintiff was debarred from claiming anything in excess of the amount of rent. The lower appellate Court, therefore reduced the decree to Rs. 80/- from Rs. 130/ -. The plaintiff has filed this second appeal against the