Ramaswami, J.

1. In these cases, which have been heard together, a common question of law arises for determination, namely, whether the provisions of Bihar Act 30 of 1951 are constitutionally valid and operative.

2. In order to appreciate the question raised, it is necessary to set out the relevant sections of the statute. The title of the Act is "The Kosi Area (Restoration of Lands to Raiyats) Act, 1951". The Act begins with the following preamble:

"Whereas it is expedient to provide for the restoration to former raiyats of certain lands which were sold for arrears, of rent or from which they were ejected for arrears of rent or which were treated as abandoned, between the 1st day of January, 1939, and the 31st day of December, 1950, in the absence of the raiyats due to floods in the Kosi river;

3. Sec.1(2) of the Act provides that the Act Sec.1(2) of the Act provides that the Act shall extend to such areas o f the districts of Bhagal-pur, Monghyr, Purnea and Darbhanga as may be notified, from time to time, by the State Government". Sec.2 contains a number of definitions. Sec.3 is important and must be set out in full:

"3, If the holding of raiyat or portion thereof was sol