The appellant in this second appeal is the owner, and the respondent is the tenant, of a house in Coimbatore. The suit was for obtaining possession of the house and for the recovery of Rs. 70 as arrears of rent due till the date of the plaint. Out of this amount, Rs. 25 was said to be the balance of rent due for five months from 3rd February, 1943 to 3rd July, 1943; and Rs. 45 was claimed as the rent which was payable from 3rd July, 1943 to 3rd August, 1943. It was admitted in the plaint that from 3rd February, 1943 to 3rd July, 1943, the defendant paid at the rate of Rs. 40 per month; but the plaintiff claimed that he was entitled to Rs. 45 per month even for those 5 months and that was why he claimed Rs. 25 as the balance due in respect of that period. The learned District Munsiff of Coimbatore dismissed the suit. An appeal to the Subordinate Judge of Coimbatore was also unsuccessful. Hence, the present second appeal, which is confined to the claim for rent, the plaintiff conceding that the defendant cannot be evicted in view of the provisions of the Madras House Rent Control Order, 1941, which was made applicable to the district of Coimbatore from 17th March, 1942.

The