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] [‎13r] (25/70)

23
A. sues B. for a declaration of ownership in a piece of Miri
land and for an injunction against B.
A. proves ownership of her ancestor.
B. sets up sale dated 1327, i.e. 13th March, 1909, by ancestor
of A. to ancestor of B. by means of ordinary unregistered sale deed.
Held this Sanad cannot pass ownership;
(а) It has not the consent of the Mamur Tapu necessary
in 1327 under section 36 Land Law for Miri Land Sales.
{b) The Transfer is not registered in Tapu and is there
fore void vide section 1. Transfer of Possession of Immov
able Property Act, 1329, and numerous decisions since Irada
Saniyat, 1318.
B. then sets up Limitation.
(1) Under Indian Limitation Act 12 years period under
article 144 and he claims possession for more than 12 years
prior to Repeal of that Act by Basrah Laws Repeal Act 1920.
(2) Under article 20 Land Code, 10 years is sufficient.
Held by court.
Under the Indian Limitation Act the period runs from date of
Sanad 13.2.1909 (21st Muharran 1327) to 30.9.1920 Basrah Law
Repeal Act i.e. 11 years 7J months. Further the court refused to
hear witnesses that B. had possessed the land prior to date of sale
because the Sanad of Sale on which he himself relies state that the
seller was in possession up to date of sale. Therefore Limita
tion has not run under the Indian Limitation Act.
Held secondly that although article 20 Land Code gives 10
years as period of prescription yet the principle of section 1674 of
the Majelleh has to be followed namely that no prescription runs
if a party admits that his root of title is derived from the ancestor
of the other party; in such case he cannot set up adverse possession
but must establish a root of title such as a legal transfer.
10. The history of the proceedings in the Bashiya garden case
has not in my opinion been accurately or sufficiently set out, I will
therefore try to set out the salient facts. A great deal of stress has
been laid by you and by Col. Dickson on the judgment being given
by Iraqi and not British judges and I have therefore made several
references to this aspect of the case.
11. I have had copies made of the following documents and
they have been sent to your office for translation and forwarding
to you :—
(1) Judgment Court of First Instance dated 15.7.31.
(2) Judgment Court of Cassation dated 11.11.31.
(3) Judgment Court of First Instance dated 30.12.31.
(4) Judgment Court of Cassation dated 9.5.32.
(5) The petition filed by Rafia bint Ali Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. A1 Zuhair
dated 5.3.30.
(б) The defence filed by the defendant dated 26.10.30.
(7) A further defence dated 28.1.31.
(8) A reply by the plaintiff dated 3.2.31.
(9) A rejoinder by the defendant dated 12.2.31.
(10) A statement by advocate for defendant dated
24.2.31.
(11) Translation of a letter from Dafterkhana Constan
tinople to Wakil Elected representative or attorney, acting in legal matters such as contracting marriage, inheritance, or business; a high-ranking legal official; could also refer to a custodian or administrator. Dafterkhana Basrah, produced to court on
4.5.31 (probably 4.7.31).