1. In support of the first contention, it is suggested that the action as brought and determined in the justice’s court was for [2] an unlawful detainer under subdivision 2 of section 7271 of the Revised Codes; as such it came to the district court, and the jurisdiction of that court was limited to the retrial of the cause as presented to the justice’s court; but to state a cause of action under subdivision 2 of section 7271 it must be alleged that the holding of possession after default of rent was without permission of the landlord, and, as there is no such allegation in the amended complaint, it was fatally defective, and upon its filing the district court lost jurisdiction of the cause. This reasoning cannot be upheld. The amended complaint alleges a [3] demand for possession unless the defendant pay the rent, his refusal to surrender or pay, and his retention of the premises until he was compelled by legal process to give them up. This would certainly imply that his possession after such demand was without the plaintiff’s permission, and it was sufficient, in connection with the other allegations of the amended complaint, to characterize the action as for an unlawful detainer after default-in the payment of rent. In such an action — as shown by section 7283, Revised Codes — three things are recoverable, viz., rents, restitution of the premises, and damages; and, while the recovery of all these in this particular kind of action is dependent upon the fact of the unlawful detainer, they are not dependent upon each other. Rents, particularly, sound in contract; they constitute a cause of action in themselves without regard to unlawful detainer; they are recoverable in such an action as this because the statute so declares, -and so far are they from being dependent upon the right to restitution that the tenant, by paying them with interest and the damages, if any, caused by the unlawful detainer, may prevent a restitution as well -as the highly penal judgment otherwise possible. If therefore in the present instance *334it had become manifest in the justice court, either from amended pleadings or from the evidence, that the plaintiff could not establish, or desired to waive, his right to restitution and damages, it was still legally possible for the case to proceed to judgment upon the cause of action for rent; and, if this could be done in the justice court, it could be done on appeal in the district court, since that court proceeds de novo with power over the cause neither greater nor less than the justice’s court. Touching a similar situation to the one at bar, the supreme court of North Dakota said: “The question whether defendant was entitled to possession when the action was commenced became immaterial. The statute permits' a cause of action for unpaid rent to be joined with a cause of action for forcible detainer. The right of possession having been disposed of, the action did not abate so far as the issue as to the nonpayment of rent was concerned. Section 8409, Revised Codes 1905, authorized the joinder of a cause of action for rent with one of possession. The action is strictly one for possession based on a wrongful detainer, and a recovery for rent is permitted in connection therewith. The cause of action for rent was rightfully joined at the commencement of the action, and, because the question of possession has been determined by the withdrawal of defendant from the premises, we discover no reason why the action should not continue in-order that all the issues properly in the case may be speedily disposed of.” (McLain v. Nurnberg, 16 N. D. 144, 112 N. W. 243.)