Coll 17/8(5) 'Shaikh of Kuwait's date gardens: litigation in Iraq Courts regarding the Bashiyah estate'

Content

This file is a continuation of IOR/L/PS/12/2856. It contains papers regarding legal cases brought against the heirs of Shaikh Mubārak Āl Ṣabāḥ (the Shaikh of Kuwait) by the heirs of Shafiqah Al Zuhair, concerning the ownership of the date garden properties known as the Bashiyeh: a suit filed by Rafiah in 1930, which was won on appeal; suits filed by Najiyajh, Hamida and Kamila in 1932; and a suit filed by Bahiyah in 1933. It documents actions taken on behalf of the Shaikh of Kuwait to have the ownership question addressed by a Land Settlement Commission.

It primarily consists of correspondence 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. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , the Foreign Office, 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. Political Department, and 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. at Kuwait. It also contains letters received from the Shaikh of Kuwait (Shaikh Aḥmad al-Jābir Āl Ṣabāḥ), the Shaikh's son and acting representative in Basra (Shaikh Muḥammad Āl Ṣabāḥ), and the Shaikh's lawyer, Abdul Jalil Partu, as well as copies of outgoing letters to them.

The file contains the following legal papers:

• Decision given by the President of the Land Settlement Commission on the Bashiyeh gardens, dated 22 March 1941. "The two pieces of land... from this estate are to be registered as 216 shares, of which 180 shares go to Ali Al Zohair's heirs, and 36 shares to Jabir, Salim, Nasir, Hamid and Abdulla, sons of Mubarak al Subah...", f 73.
• Translation of the final decision reached by the Court of Cassation, Baghdad, ff 13-15.

The file continues with Collection 17/8 part 6, reference IOR/L/PS/12/2858.

The file includes a divider which gives a list of correspondence references contained in the file by year. This is placed at the end of the correspondence (folio 2).

Extent and format

1 file (120 folios)

Arrangement

The papers are arranged in rough chronological order from the rear to the front of the file.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the last folio with 121; 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. An additional foliation sequence is present in parallel between ff 2-120; these numbers are also written in pencil, but are not circled.

Written in

English in Latin script

Type

Archival file

Access & Reference

Original held at

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.

Access conditions

Unrestricted

Archive reference

IOR/L/PS/12/2857

Former external reference(s)

Coll 17/8/5

History of this record

Date(s)

10 Jun 1938-24 Nov 1944 (CE, Gregorian)

Context of creation

This file makes reference to an agreement made in 1914 by HMG Her or His Majesty’s Government in London. regarding date gardens in Iraq owned by the Shaikhs of Kuwait and Mohammerah. In return for their military support against the Ottoman Empire in the First World War, HMG Her or His Majesty’s Government in London. undertook to remove the date gardens from taxation, and to compensate the Shaikhs in case of taxation or the removal from them of any part of the gardens.

The file refers primarily to the Faddaghiyeh Estates of the Shaikh of Kuwait on the Shatt al Arab, purchased in 1903 and consisting of three date garden properties: the Bashiyeh, the Faddaghiyeh, and the Al-Kharam. They were collectively known under the name of Faddaghiyeh. The file also includes correspondence regarding additional estates supposedly owned by the Shaikh: Al Mutaawa'ah; Al Farhaniyeh (Kushaishiyeh); Al Fao; and Al 'Ujairawiyeh.

Subjects

Land ownershipTaxation

Places

Basrah

People & organisations

Political Resident, Persian GulfPolitical Agent, KuwaitEmir of Kuwait

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Coll 17/8(5) 'Shaikh of Kuwait's date gardens: litigation in Iraq Courts regarding the Bashiyah estate', British Library: India Office Records and Private Papers, IOR/L/PS/12/2857, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100000000602.0x00018f> [accessed 25 April 2024]

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