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'File 53/11 XIX (D 163) Kuwait Date Gardens' [‎84r] (194/494)

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The record is made up of 1 volume (238 folios). It was created in 4 Apr 1940-10 Oct 1942. It was written in English and Arabic. 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 Documents collected in a private capacity. .

Transcription

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AMul Jalil Partu stated that some time ago he had
suggested to His Highness that an appeal against this decision
should he filed in Baghdad on the grounds that the President
of the Board had failed to give due consideration to the
unofficial documents produced "before him in support of His
Highness * claim to the Estate. The Legal Adviser maintains
that such documents when produced "before a Land Board should
carry as much weight, assuming they are authentic, as official
documents. The Legal Adviser was doubtful if the appeal would
succeed. I share his doubts.
As regards the question of His Highness suing the
heirs of Ali Zuhair for the original purchase price the Legal
Adviser was of the opinion that the suit would succeed only as
far as the property of Shafiqah, wife of Ali Zuhair, was
concerned, one eighth of the one hundred and eighty shares,
as ; when the sale to Shaikh Mubarak: took place, although Shafiaat
obtained a ruling from a Shara Court to the effect that she
was entitled to dispose of her children's rights in the property
the actual deed of sale was not signed "by Ahmad Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. , the co-
guardian with Shafiqah of the children who were at the time
minors. I understand that the Legal Adviser considered that
the decision of the Shara Court was of doubtful validity, and
that the sale deed would probably be held to be invalid, as
it had not been attested by both the guardians of the minors
as it is required to be by Iraqi Law*.
Possession of the one hundred and eighty shares of
this Estate passed from His Highness to the heirs of Ali bin
Zuhair in 1938. I am informed that in the event of it being
decided to proceed against them for the return of the original
purchase money it would be possible to obtain an injunction
before the suit is filed to prevent them from selling or
otherwise alienating the property pending a decision in the
case.
The/

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Content

This file contains correspondence between British officials regarding date gardens in southern Iraq owned by Shaikh Aḥmad al-Jābir Āl Ṣabāḥ, the ruler of Kuwait. In particular, the correspondence concerns the Government of Iraq's decision to end the immunity from taxation (on the gardens) that had been granted by the British Government to the former ruler of Kuwait, Shaikh Mubārak Āl Ṣabāḥ in return for his military support against the Ottoman Empire in World War 1.

The file contains translations of correspondence between Shaikh Aḥmad and his son (and representative in Iraq) Shaikh Mohamed [Muḥammad] as well as correspondence between British officials and the Iraqi government regarding the ongoing legal dispute concerning ownership of the gardens.

The file contains a letter (ff. 7-13) from Charles Geoffrey Prior, the British 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. to Shaikh Aḥmad which includes details of the British government's settlement offer to him as compensation for loss of earnings since the Iraqi government ended his immunity from taxation in 1932. The letter asks for him to a sign a form that formally discharges the British government from liability for taxation losses and contains a draft copy of such a form.

The file also contains correspondence about a forthcoming change in the Iraqi land settlement law concerning the ownership of land by foreigners as well as correspondence regarding a court summons issued by Iraq against a number of members of the Al Sabah family including Shaikh Aḥmad (ff. 89-91).

Extent and format
1 volume (238 folios)
Arrangement

File is arranged in chronological order, from earliest at beginning of the file to most recent at end.

An index of the topics discussed in the file is contained on folio 1A.

Physical characteristics

A bound correspondence volume.

The file has an incomplete pagination sequence and a complete foliation sequence. The complete foliation sequence is written in pencil in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. of each folio. It begins with the index of topics contained in the file, on number 1 and ends on number 230, on the last folio of writing.

The file contains the following foliation errors: 1 and 1A.

Written in
English and Arabic in Latin and Arabic script
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'File 53/11 XIX (D 163) Kuwait Date Gardens' [‎84r] (194/494), British Library: India Office Records and Private Papers, IOR/R/15/1/501, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023514387.0x0000c3> [accessed 29 March 2024]

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