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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] [‎17r] (33/70)

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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31
Sheikh of Kuwait can raise the point in the 3 cases filed at Basrah.
When a foreign potentate possess land in another country it is
easy to believe that the court will not admit that an action affecting
immovable property can be excluded from their jurisdiction.
28. The Court gave no order regarding the point raised on
appeal that a refund of the purchase price should be claimed.
There is nothing to prevent the Sheikh claiming to recover this. No
doubt the court did not decide this as it would mean an adjournment
for payment of the court fees on the claim.
29. The court did not go into the point whether the second
guardian should have joined in the sale. There may be a good deal
of substance in the argument that when there are two " Wasis "
both must join, failing which a disposition by one can be upset.
30. I cannot recommend any legislation except to alter the
application of the Majelle, to possession of land under article 20
of the Land Code.
31. Finally do not let it be supposed that I am in favour of
the present Civil Code known as the Majelle nor of the provisions
of the Land Code. I have frequently pressed for the revision of
both the Majelle and Land Code and you will find my comments in
my annual reports especially for 1923, 1924, 1926 and 1931, copies
of which should be in your office.
(Sgd.) G. Alexander,
A/G Judicial Adviser,
20th August, 1932.
DOCUMENT 7.
Copy Letter by Sir H. Dobbs, Revenue Commissioner, Basrah, U>
the Agent of the Sheikh of Koweit, dated 14th June, 1915.
I promised you that I would send you a written reply to the
application presented by you on the 16th May, 1915, for the registra
tion in the Tapu Department of the sale to the Sheikh of Koweit of
a certain Estate in Fadaghiya. The shares in the Estate were as
follows :—
(1) Estate Called Bashiya.
Shares.
Ahmad Pasha ez Zuhair 36
Abdul Bagi son of Ali Pasha ... ... ... 34
Shafiqa mother of Abdul Bagi 1
5 daughters V ••• ••• 1^6
1 son Hassan J
(2) Estate Comprising 6 holdings and 3 river frontage holdings.
Ayesha wife of Ahmad Pasha ez Zuheir, sole proprietors.
In 1326 A.H. (1324 Ottoman Year) Ahmad Pasha acting on his
own behalf in regard to the 36 shares in Bashiya and as agent of
Abdul Bagi for his 34 shares and also agent for Ayesha for her
whole estate, covenanted to sell the shares to the Sheikh ot Koweit
as follows :—
Shares. Piastres.
Ahmad Pasha 36 ... ... ... 769-12^
Andul Bagi 34 ... ... ... i 1 706-62
Ayesha, whole estate ... ... ... £1 44217-33
At the same time Shafiqa on behalf of herself and 5 daughters
and minor son covenanted to sell her 146 shares in Bashiya to the
Sheikh for £T 3304-37 piastres. Ahmad Pasha was at that time
starting for Constantinople and he received from the Sheikh of
Koweit before starting a hawala on Bombay for £T 10,000 in part
payment. He left a power of attorney with Abdul Wahab Pasha.

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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] [‎17r] (33/70), British Library: India Office Records and Private Papers, IOR/L/PS/18/B468, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023252882.0x000022> [accessed 25 May 2019]

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