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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] [‎17v] (34/70)

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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Kartas, empowering him on behalf of himself and Abdul Hagi and
Ayesha to complete the transaction of the sale by Tapn registration
and thereon to receive the balance of the purchase money. 1 here
after you, as agent for the Sheikh of Koweit and Abdul vVahab as
agent for Ahmad Pasha and Abdul Bagi and Ayesha, went before
the Mudir of the Tapu to register the sale. But the Mudir of Tapa
in an order dated 9 Shabat 1324 refused to register the sale owing
to orders received from Constantinople, that no more sales of land
in the name of the Sheikh of Koweit were to be registered. After
this you and Abdul Wahab went before the British Consul at Basrah
and privately registered before him a deed of sale of the Estate—in
so far as the holdings of Ahmad Pasha and Ayesha were concerned.
Nothing was registered before the British Consul as regards the
holdings of Abdul Bagi and Shafiqa and her daughters and minor
son. Abdul Wahab received from you the balance of the purchase
money viz. £T 38706 and handed the Estate over to the Sheikh of
Koweit, in whose name it stands in the Muhasibi registers, though
not in the Tapu registers. The Sheikh of Koweit has during the
last few years been paying the Miri tax on the Estate to the Ottoman
Government, which must be held to have by receipt of the tax,
acquiesced in the transfer of the Estate to the Sheikh of Koweit.
Now that Ottoman authority has been removed from Basrah
and that the British Military authorities have reopened the Tapu
Department the former difficulty about Tapu registration of the
sale of the Estate has been removed, and you ask for formal registra
tion. But in the meanwhile Ahmad Pasha ez Zuhair has (lied in
Constantinople, but his death has of course cancelled the first power
of attorney given to him by Ayesha and Abdul Bagi and the second
power of attorney given by him to Abdul Wahab. Ayesha herself
and the heirs of Ahmad Pasha are most of them in Constantinople,
and they refused before the War to answer letters sent from Basrah
asking them to appoint another agent for the completion of the sale
before the Tapu Department. They have an agent in Basrah
Armad ez Sani, but he holds authority only to arrange about the
produce of their lands in Basrah and about the payment of taxes
to Government and not for such matters as the registration of a
deed of sale. The position is accordingly this. Under the Tapu
Law the sale of land cannot be registered and finally validated unless
the owner and the buyer appear before the Tapu Department in
person or by authorised agent and testify to the fact of the sale and
to the giving and receipt of the purchase money. The present
owners of the shares of Ahmad Pasha and Ayesha cannot now them
selves appear before the Tapu and have failed to appoint an
authorised agent for the purpose. Nor is there any prospect of their
intentions being discovered before the end of the War. But the
Tapu Department has satisfied itself by an inspection of the papers
signed before the British Consul at Basrah that there was a formal
sale and delivery of the shares of Ahmad Pasha and Ayesha in the
Estate and that the sale for those shares was paid; and in the
peculiar circumstances this would justify the Tapu Department in
granting a Tapu Sanad in respect of the sale of these shares.
There remains the question of the shares of Abdul Bagi and
Shafiqa and of her five daughters and minor son. If these persons
are now prepared to appear before the Tapu in person or by
authorised agent and testify to the sale of their shares, you should
call upon them to do so. The whole transaction can then be com
pleted and Tapu Sanads granted for the whole portion of land in
question.
Usual ending.
(Sgd.) H. Dobbs,
Revenue Commissioner, Basrah.
' (3/33) (18786r—43) Wt. —0 2 30 4 33 G. 304

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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.

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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] [‎17v] (34/70), British Library: India Office Records and Private Papers, IOR/L/PS/18/B468, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023252882.0x000023> [accessed 9 December 2019]

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