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'File 2/5 III SHAIKH’S DATE GARDENS' [79r] (162/418)
The record is made up of 1 volume (205 folios). It was created in 20 Nov 1909-18 Oct 1933. It was written in English, Arabic and Turkish. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .
Transcription
This transcription is created automatically. It may contain errors.
1
1%
Opinion on points raieed in imra^raph 3 of the
Honourable %Bident in the %3wiian Oulf # Hunhire, deepatch
Ho.tfUU' 5 of June 7th. 1033.
The ^litical ^eeldent ankc (a) whether the Shaikh
could obtain a at ay of execution, (f) file a croea euit, and
(c) whether the defendants in the crone euit could olate nenne
9 X eill deal with (e) first. 1 haw consulted Hr.
^roner on thie point. He is of the opinion that the court
would not consider an application for mesne profits owing to
the fact that,the claimante 1 right of action has been open
to thew for years poet. and. accordingly, they mist be held
to have acquiesced in cultivation by th« Bhaikh during the
period in tdiioh they might have brought their claim btit did
not d© so.
As regards (n) # there!s no precise mraltel In ’Iraq
procedure to a stay of execution. In both the toahiyah nd
!%ddnghiyah suits, however, the Bhaikh would appear to have
plenty of time to nroeeeu+e hie counter claim. In the first
place, it would appear almost impossible for the Bhnlkh to
lone possession of either estate until all the clafmnnls
have obtained judgment in their favmir.
As regards the Hash!yah case the position at the
moment is that one claim**"* *»»**«* has established her
claim to approximately one twelfth of that portion of the
^aehi^ah estate concerning idiicb the Bhaikh’s title is in
doubt. Other claimants have filed suits covering the
remainder of the disputed area, but so far no service bins
been effected on the ‘Imikh. Since obtaining judgment, so
far as X know, ^sfiah has taken no steps to obtain execution.
profits.
/
it/
About this item
- Content
The volume contains correspondence related to the date gardens owned by the Shaikh of Kuwait, Aḥmad al-Jābir Āl Ṣabāḥ, in southern Iraq. In particular, the correspondence concerns the court suit raised in Basra Court by members of al-Zuhair family complaining against the Ruler of Kuwait. The suit in question concerns a portion of the Shaikh’s Faddaghiya estate on Shatt al-Arab, and the Bashiya land to which members of al-Zuhair family lays claim to. According to the reports, the Faddaghiya estate was owned by Aisha, wife of Ahmad Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. Al-Zuhair, and she has given her husband a Power of Attorney to sell the land.
In the volume, British officials discuss issues related to the land registration granted to the Shaikh by Sir Henry Dobbs, Revenue Commissioner, Basra, in 1915, and the importance of obtaining an original copy of the claimed Power of Attorney authorising the sale of the land by Ahmed Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. al-Zuhair. British officials correspond with the Shaikh and his lawyer, Jacob Gabriel, asking them to prepare certain documents, including a list of the names of the legal living heirs of Ahmed Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. al-Zuhair, an original Turkish copy of the Power of Attorney, and translated copies of the document both in Arabic and English.
The volume includes notes of meetings held in Baghdad between British officials discussing the cases. It also includes copies of the four Tapu title deeds (ff 55-64) connected with the Shaikh of Kuwait’s Faddaghiya estate dispute, dated 1915. The volume also includes reports on agrarian troubles caused by the fellaheen Arabic for ‘peasant’. It was used by British officials to refer to agricultural workers or to members of a social class employed primarily in agricultural labour. on the Shaikh’s Faw estates.
The main correspondence in the volume is between the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. , Bushire, the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , Kuwait, British Ambassador, Baghdad, the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. , London, the Foreign Office, London, the Ruler of Kuwait and Jacob Gabriel, the Shaikh’s Agent in Basra.
The volume’s core correspondence covers June- October 1933. The earlier start date given to the volume is a result of correspondence by Jacob Gabriel (f 153), which is dated 20 November 1909. The correspondence includes a certificate from a school where he was a pupil. Jacob Gabriel provides testimonies and letters from previous places and people he worked with to prove his ability to take the Shaikh’s case on.
- Extent and format
- 1 volume (205 folios)
- Arrangement
The papers are arranged in approximate chronological order from the front to the rear of the volume.
- Physical characteristics
Foliation: the main foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the inside back cover with 207; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. Three additional foliation sequences are also present in parallel between ff 6-202, ff 42-127, and ff 176-202; these numbers are also written in pencil, but are not circled.
- Written in
- English, Arabic and Turkish in Latin and Arabic script View the complete information for this record
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'File 2/5 III SHAIKH’S DATE GARDENS' [79r] (162/418), British Library: India Office Records and Private Papers, IOR/R/15/5/142, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100044747480.0x0000a3> [accessed 29 April 2024]
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Copyright: How to use this content
- Reference
- IOR/R/15/5/142
- Title
- 'File 2/5 III SHAIKH’S DATE GARDENS'
- Pages
- front, back, spine, edge, head, tail, front-i, 2r:32v, 38r:53v, 65r:65v, 70r:70v, 76r:108v, 110r:122v, 125r:150v, 164r:166v, 169r:186v, 193r:206v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence