'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎185v] (381/1904)

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And afterwards. The said lease is null and void and camu « •" §
to the absence of the legal formula and the non-specification ot t ie peijoc iic i k d.
necessary condition of the lease ; and it is for the owner Oi the proper }, accor
the Shera law, to turn out the lessee from his property immediately. . n o * n.)
the right better.
Written by the humblest of the members of the clergy, Abdullah-oin-lVl uhammad
Saeed-el-Ansari, of Kelat.
8. The Answer. —A lease has several conditions and if a single condition (thereof)
is violated, the lease becomes invalid, and how it would be now that several conditions
have been omitted therefrom. Firstly, it becomes binding by a Known period, . his
has been omitted, however. Secondly, a lease becomes binding by proposal am
acceptance. Should these conditions be absent, the lease is null and void, and when
the lease is nullified it is for the lessor to take possession ot his property and to lease
it to another; and God knows best. ,
(Signed and sealed) ABDUL K ERIM-BIN -AHMi-D
(Servant of the august Shera law, by his own hand.)
And if the owner of the property wishes to turn out the lessee, he can turn him
out immediately, ,
(Signed and sealed) ABDUL KERIM
(Servant of the Shera law at Keis),
9. The Answer. —Praise be to God. who leads to the right!
This lease as it is mentioned in the question is not in accord with the precepts of
the august Shera, and is null and void and invalid. So, the owner of the property has
the option to return to his property, and he has the absolute possession thereof, and can
use his property in any manner that he may wish. He has the option (to do so), and
the lessee has no right or title in that property. And whatever is invalid according
to the august Shera is to be considered as non-existent. Should the proprietor desire to
turn out the lessee from that place he can do so, and there is nothing to bind the owner
of the place. And God knows more !
(Signed and sealed) The humblest and poor
ABDUL RAHMAN-BIN-ABDUL GHAFOOR, EL-MUFTI
(Chief Kazi of the Arab community of the Shib Kuh ports.)
Appendix 14.
Q uestion (B) (ii).
As put to the Members
fa the name of God, the Merciful, the Compassionate.
To the learned ulemas and distinguished lawyers, may God multiply the like of them !
What do you say as regards a certain man who leased certain property to a certain
party and did not stipulate a fixed period in the deed of lease, wherein also no legal
formula was pronounced between them, and after some time the owner of the property
cancelled the lease. Has the owner of the property the right of cancelling (it) and
expelling Zaid, the lessee, from his property or not ?
It is requested that you will explain the true position according to the precepts of
the enlightened Shera, and be rewarded, your reward being with God,