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The Date Gardens in Iraq of the Sheikhs of Koweit [Kuwait] and Mohammerah. Scope of undertakings given by HM Government in 1914. Case for the opinion of the Law Officers of the Crown and Opinion thereon T W H Inskip and F B Merriman, Law Officers' Department, 29 Mar 1933. inc The date gardens in Iraq of the Sheikhs of Koweit and Mohammerah. Historical summary [undated] [‎12r] (23/70)

The record is made up of 1 file (35 folios). It was created in 29 Mar 1933. It was written in English. 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.

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21
As regards the second objection, it appears that the administra
tion of this land by the Appellor was based on the sale agreement
dated 21st Mnharram, 1327. After examination and taking into
consideration the date on which the Indian Law of Limitation
9 was repealed, it appears that the " period of prescription " did
not elapse. The sanad produced falsifies the allegation made by the
Appellor in respect of his tasarruf " which he demanded to
prove by evidence, because the Appellor was allowed possession of
this land from the date of the sanad. As regards the civil " period
of prescription ", it is considered that, although a period of time
has passed on the " tasarruf " of the Defendant (Appellor) before
the case has been raised, this " "period of prescription " is of no
value as lonp as the Appellor has clearly admitted the ownership
by the Appellee of the land under dispute. This admission is made
in a sale document which states that he (the Appellor) purchased
the plot of land under dispute from the guardian of the Appellee.
As such sales are not recognised, and as the judgment of the Court
prohibiting the Appellor from opposing the Appellee in administer
ing the shares under dispute is correct, the judgment appealed is
hereby confirmed and the Appellor is ordered to pay the court fees
together with 9 dinars, wages of the lawyer for one sitting, plus
I.D. 11/250, wages for drafting the statement in reply. This
decision is issued unanimously under Articles 196 and 198 of the
Code of Civil Procedure and Article 24 of its Supplement, and
-declared to both parties in open Court this 9th day of May, 1932.
Certified true copy.
(Signed) Chief Clerk.
(Seal of the Court of Appeal, Bgd.)
Court Fees.
Appeal fees ... ... ... ... ... I D. 37/875
Stamps ... ... ... ... ... 0/188
Lawyers' wages ... ... 9/000
Wages for preparing the statement in reply 11/250
Total I.D. 58/313
(Fifty-eight dinars and three hundred and thirteen fils only.)
\
(Signed) Chief Clerk.
(Seal of the Court of First Instance, Basra.)
Date across stamp : 25th May, 1932.
DOCUMENT 6.
Memorandum by Judicial Adviser to the High Commissioner, Iraq.
Subjects (1) The Sheikh of Kuwait and the Bashiya Garden land
suit.
(2) The possession of the Fadaghiyah garden by the Sheikh of
Kuwait.
1. With reference to your letter dated 1st August, 1932, the
Prime Minister and the Minister of Justice have both mentioned
this matter to me and requested me to furnish all available informa
tion. I am therefore in a position to supply you with fuller com
ments than I would feel justified in doing if I acted only on the
terms of Secretary of State letter dated 6th February, 1926.
2. The Prime Minister and the Minister of Justice realise
that in your opinion the good name of the Law Courts is involved

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Content

This file contains a British Government report (folios 1-19) regarding promises made by the British in 1914 to the rulers of Kuwait and Mohammerah concerning their ownership of date gardens in Iraq.

The report contains a description of the situation and the legal opinion of T W H Inskip and F B Merriman, Law Officers of the Crown. The report includes an appendix containing copies of a number of relevant memorandums and letters.

The file also contains an undated report (folios 20-35) entitled 'The Date Gardens in Iraq of the Sheikhs of Koweit and Mohammerah' that provides a detailed historical summary of the case.

Extent and format
1 file (35 folios)
Arrangement

The file is divided into two sections; the 'Scope of undertakings given by HM Government in 1914' and a 'Historical Summary'.

Physical characteristics

Foliation: The foliation sequence commences at the first folio of the former and terminates at the last folio of the latter; 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.

Pagination: Each section of the file also contains an original and distinct pagination sequence.

Written in
English in Latin script
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The Date Gardens in Iraq of the Sheikhs of Koweit [Kuwait] and Mohammerah. Scope of undertakings given by HM Government in 1914. Case for the opinion of the Law Officers of the Crown and Opinion thereon T W H Inskip and F B Merriman, Law Officers' Department, 29 Mar 1933. inc The date gardens in Iraq of the Sheikhs of Koweit and Mohammerah. Historical summary [undated] [‎12r] (23/70), British Library: India Office Records and Private Papers, IOR/L/PS/18/B468, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023252882.0x000018> [accessed 15 November 2019]

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