Shearer, J.

1. The object of the British Parliament is enacting Sub-section (2) of Section 299, Government of India Act, 1935, and of His Majesty the King in inserting in the Instruments of Instructions, which were issued under the Royal sign Manual to the Governor-General and to the Governors of Provinces, a direction not to assent to any bill regarding which they felt doubt, whether it did or did not offend against that section, was to secure owners of property in the enjoyment of their rights and to ensure that, in the event of the State, in exercise of the right known to American jurists as the tight of eminent domain, depriving them of their property, they should receive compensation, meaning thereby the value in money of the property to the owner at the time at which he is called upon to relinquish it On 6-7-1949, the Governor General gave his assent to an Act entitled the Bihar Abolition of Zamindaris Act, 1943 (Bihar Act XVIII [18] of 1918). That Act empowered the Provincial Government to deprive proprietors and tenure-holders of their estates and tenures it provided, or purported to provide, for the payment of compensation to them, but the compensation was not, and