With the foregoing in mind, consideration of Count I of plaintiffs’ petition (in the prayer of which “plaintiffs demand judgment * * * for liquidated damages in the amount of One Hundred Fifty Dollars * * * together with reasonable attorney’s fees”) leaves no room for doubt but that, as their counsel insist, plaintiffs intended and undertook to state in Count I a cause of action directly and squarely predicated upon the Housing and Rent Act [50 U.S.C.A.Appendix, §§ 1895(b) and 1896(a) (2)], rather than a common law cause of action for fraud and deceit.1 This conclusion is confirmed by the fact that plaintiffs obviously intended and undertook to state in Count II (dismissed in response to defendant’s motion to elect at the close of plaintiffs’ evidence) a common law action for fraud and deceit in which they sought actual damages of $2,055.66. Furthermore, it is evident from the instructions that the issue submitted to the jury was defendant’s liability vel non for alleged unlawful eviction of plaintiffs under the Act.