VEERASWAMI, C. J. :-This appeal by the quondam landholder is from a judgment of Natesan, J., reported in Silambani Sri Chidambara Vinayagar Devastanam. Devakottai by its trustees v. Duraiswami Nadar and another, 1967-2 Mad LJ 181. The suit out of which the appeal arises was Instituted by Silambani Sri Chidambara Vinayagar Devastanam, Devakottai, by its trustees to recover rent from the first respondent in respect of a site let out to him for building purposes. The tenancy commenced prior to 1948. The site is situate in a village which constituted as estate. That was notified and taken over under the provisions of Madras Act XXVI of 1948. On that date, the building continued in the first respondent's occupation. There is no dispute that on the notified date Devastanam was the landholder. The defence was that under the provisions of Madras Act XXVI of 1948, the suit site along with the building had vested in the first respondent, and the title of the appellant as a landholder got extinguished. There appears to have been a question of jurisdiction raised, but it is no longer before us. The first appellate Court , held that the Devastanam had lost its right on the notification