Coll 17/8(6) 'Date gardens of the Sheikh of Koweit in Iraq: discharge of HMG's liability in respect of possession and exemption from taxation' [‎126r] (251/853)

I:
P*7.3908 :)/9.6.
1938.
G*of I. uele.
1062 D/30.6.38.
Resiaenoy i»ele.
T/152 "^29.6.30.
r . 2.46„o )/l3.
7.1938.
liesidency X.L.
;D/23.3.1938.
Baghdad letter
176/4/38
P.1338.
Kuv*alt tele.211
of 15.6.38.
" Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. tele.
.T/252 of 8.9.38 #
Kuwait tele.
294 Of 14.9.38.
or impediment in the grant to him of title deeds under
Article 20 of the Land Settlement Law His Eajesty*3
Government reserve the ri ;ht to ta^e up the matter through
the diplomatic channel. His Majesty’s Government agreed
with the Ambassador’s suggestion and he was instructed to
make the necessary communication to the Iraq Government
the non Iraqi nationality
embodying his
of the Sliaikli
reservation
in a formal
about
note.
Baghdad tele.
Ill of 22.7.38.
■ ^
Baghdad letter
543(176/30/33)
3/3.11.1938.
Baghdad tele.
• Z of 10.1.39.
| {Baghdad tele.
4 cf 7.2.39.
Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. tele.
|Mt/ 2° D/12.2.39.
■ ;:^F.0.tele.278
0/11.2.1939.
| / f 1.0.161G . 360 ij/
120.2.1939.
Ba-hdad tele.
b «44 D/28.2.39.
.‘Residency tele.
r/49 D/24.2.39.
F.C.tele.393
IJ/I.3.1939.
Beghdad tele.55
D/4.3.1939.
24. The Faddagiyah case was heard on the 23rd of
March and adjourned to April the 11th, end Ahmad Rushdi
Bey returned to 'airo*
until agreement over Land Settlement had been reached were
unsuccessful and the case was eventually heard on June 15th
and judgement entered for the plaintiff. The Shaikh
was advised to submit an appeal to the Appellate Court.
While his Lawyer was awaiting a copy of the judgement to be
served on him before service of which he is debarred from
lodging an appeal the plaintiffs Lawyer Sulaiman Shawwaf
secured an attachment of the estate for money lent by him
to the late Abdullah Az-Zuhair• On bhe Shaikh’s
petitioning against the attachment order the Court on
September 12th 1938 suspended the order and the Sheikh’s
Lawyer receiving service of the judgement cf the Court
entered an appeal.
25. The Iraq Minister or .o ei :n .rfairs apparently
disliked His Majesty’s Government’s reservations for in
late July or early August he proposed a new wording of
paragraph 5 and the Ambassador advised acceptance of the
new wording.
In November ohe Charge * d*Affaires in Baghdad
accepted on beha.f of His Majesty’s Gove ament the Iraq
Government’s reply conveying uheir acceptance of the
proposal to solve the date garden problem by applying
Land Settlement procedure to them inspite cf a further
slight alteration in paragraph 5 of their note of reply
which took ti J^non Iraq* before
*’n-‘;i r .r. .{li cy rt . 'Me f -iiarge’ 1 ’ Af f a Ires lid not consider
the alteration sufficiently important to warrant risking
further delay.
26. Cn the 9th of January 1939 the Fao Nahiya was
declared a settlement area and on January 10th the
FacMaglysh appeal was heard and the Shaikh’s Counsel
applied for a transfer of the case
Board. Die case was adjourned for
to confirm that the Faddagiyab was
This was duly confirmed but at the
February on the
for costs drawn
respondents pointing out that
to the Land Settlement
the Ministry of Finance
in the Fao Nahiya.
resumed hearing in
securiby
was aismissea. The reactions to this decision were venrions
The Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. wanted Ahmad Rushdi Bey brought back, the
Foreign Office suggested that His Majesty’s Government
should taice over the conduct of all further legal
proceeaings ana the Xaaia Olfiha w*ui.u.ad a new Lawyer*
Various legal remedies were suggested end eventually a
fresh appeal was prepared and submitted under Article 186
of the Civil procedure Code of Iraq, a course of action
that had been advocated by the Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. .