Selection of Leading Cases for the use of B.L. Students. Mahomedan Law and Law Relating to Persons. Supplementary Cases

Yes by analogy with the principle admitted in El Bazzaziah in the Chapter of Will which is as follows :—" There is a compensation when the Wasi of the minor sells the goods of the latter to his creditor the wail and the will being of the same nature. [...] "El Khalashi in his Collection of Judgments says in answer to i question like the previous : " If the Nazir is the beneficiary of all the rents if the period should have expired and the debt be of the same nature as the rents there is no doubt as to the validity of the compensation. [...] The Suordinate Judge in the Court of first instance has overruled the objection of the contesting defendants and has held that the Nawab of Dacca has no valid title to the office of mittov7/11 under the deed of Faizunnessa while the plaintiff is entitled to hold the office as one of the representatives of the founders of the two endowments. [...] Any condition imposed by the founder of the wail must be respected because of the dictum of the jurists any condition u imposed by the founder of the waif is like an express text of the law-giver " that is with respect to the bindingness to act upon it and the implication and indication as we have decribed in the commentary on the Kanz expect in a few cases namely (1) Where the founder [...] We are concerned solely with the effect of the surrender of the office of mutawalli of the appointment by her of Nawab Ahsanullah as her successor in that office and of the diretions given by her for the appointment of the successor of the Nawab himself.