Such being the actual posi tion I do not think that the rule which has been applied in this country can be regarded to be anachronism or to be iniquitous In so far as the argument is based on the provisions of s.299 of the Government of India Act, 1935 and article 31 of the Constitution is concerned I would reiterate the view which my brother Sarkar J. and myself have taken in Jamadar Mahamad Abdulla 's case(3) and Promod Chandra Deb 's case(4) which is the same as that expressed by my brother Ayyangar J., and with which my brother Hidayatullah J., has agreed. , Adverting to a similar argument advanced by Mr. Pathak 'in the former case we quoted the following passage from the judgment of Venkatarama Aiyar J., in Dalmia Dadri Cement Co 's case(4): ",It is also well established that in the new set up these residents do not carry with them the rights which they possessed as subjects of the ex sovereign and that as subjects of the new sovereign, they have only such rights as are granted or recognised by him." and a passage from the judgment in Bai Rajbai 's case(5), and then observed : "Any right to property which in its very nature is not legally enforceable was clearly incapable of being protected by that section." (pp. 1001 2).