Sir George Rankin:-

In this case the appellant's suit has been dismissed as barred by limitation and the sole question is whether the dismissal is justified upon a true construction of the relevant provisions of the Mejelle. By a deed of wakf (wakfieh) dated 11th Muharram, 1228 A. H. (1812 A.D.), Emir Ali Pasha made wakf of a number of properties directing that the income should be applied in the first place to the upkeep of a certain mosque and fountain. As regards the balance of income, he directed that it should be paid or distributed to himself for his life and after his death to his three children, Abdulla, Miriam and Hanifeh, and their children.

Then after them it shall be for their children, then to their grand-children and then to their great-grand-children, etc., etc., and so on, males and females according to the Sharia distribution, viz. the share of a male shall be twice as much as that of a female and for their descendants after them as long as they live and continually as they generate, provided that any one of them who dies leaving after him a child, or a grand-child or a great-grand-child his share shall pass down to his child or grand-child or great-grand-child. When