Dixit,J.

1. This appeal arises from a suit filed by the plaintiff-appellant to recover from the defendants-respondents a sum of Rs. 2,884-14-0 on account of a lease. The lease was executed under the following circumstances. The lands which are the subject-matter of the lease are three fields bearing survey Nos. 28/1, 30 and 31. These lands are of the ownership of the plaintiff. On 8th February 1946 the plaintiff granted a lease to the defendants for a period of five years at a rent of Rs. 1,100 per year. On 11th April 1946, the Bombay Tenancy Act, 1939, was made applicable to the locality in which the lands are situate. As a result of the operation of Section 23 the lease, though limited to a pe- riod of five years, became a lease for a period of ten years. On 24th January 1947, the defendants surrendered the three lands and possession was given to the plaintiff. An endorsement was made to that effect upon the lease. In 1947-48 the plaintiff cultivated these lands. In 1948, however, the Bombay Tenancy and Agricultural Lands Act, 1948, came into operation and then the third defendant applied to the Mamlatdar, claiming that the surrender was not valid. On 30th April 1948 the a