Grubl

The United States of America, plaintiff below, appeals from a judgment entered on behalf of appellee, defendant below, who was accused in appellant’s complaint of requiring 24 tenants to pay overcharges of rent amounting to over $1,000. The judgment of the court denied relief, the basis of the judgment being that the “overcharges” were inconsequential in amount and equity would be best served by denying the prayer of appellant’s complaint.

The action was commenced pursuant to Section 205(a) of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A. Appendix, § 901 et seq. and Sections 205 and 206(b) of the Housing and Rent Act of 1947, as amended, 50 U.S.C.A. Appendix, § 1881 et seq. The demand was for an injunction, restitution and treble damages because the overcharges were collected contrary to the provisions of the said Acts of 1942 and 1947.

Appellee’s answer was a general denial of the material allegations of the complaint along with an affirmative defense that the excess amounts collected by appellee were paid to' him pursuant to an independent contract with his renters and not as rent, this contract having for its purpose the maintaining of the premises occupied…