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'File 53/11 VIII (D 98) Date Gardens of Shaikhs of Kuwait and Mohammerah' [43r] (102/576)
The record is made up of 1 volume (286 folios). It was created in 30 Sep 1933-30 May 1934. It was written in English, Arabic and Turkish. 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
This transcription is created automatically. It may contain errors.
pay any ravenue to the Shaikhs as Mallakla (ownar's
rorenua) the position xtox have bo an perhaps
as follows:
(a) That tho ahaifch would hare been out of aotuel
possession in 'shich case and in the absence of
the admlnistratire Oovsmosmt help he would
have been compelled to go to Court where it would
have bean doubtful to secure a Judgaaent in favour
of Shaikh,
ib) la the absence of a favourable juugoiaent for
the Shaikh the Ta'abe would have naturally be-
coia© the sole holder of the land in question.
io) the Govenment uoulu. then irjaediately step in
and ask the Ty'abs to pay in the . allakia to the
Govermaoot. The Ta'aba could no more pisad
long possession and theraby rebut the Government's
olaiia Inasmuch as their lawyer had already ad-
aitted before the Courts and the Official
Departaaenta that the land in question was origin
ally rsolaiffled laud and asked for Tafwidh as such
(Miri j, For this atelssion on the part of the
lawyer amounts zo estoppel to claim that the
eotioa of the Sovsrnmnt is barred by the law
Of llmitation {vide Section 1674 of Ma^ela
(Civil Coda),
S, I may vsnturo to subait that the principal dif
ference between the Iraq, Limitation Lew and that of
.nglish seems in ©y humble opinion to be;
(a) that while a psjrson can baeom® a plaintiff under
the Snglish law in an action to ask for a de
claratory decree by virtus of his long possession
{beyond the tisaa prescribed by law) in a property
he cannot become so under ths 'Iraq Limitation
Law#
About this item
- Content
This file contains correspondence between British officials regarding date gardens in southern Iraq owned by the rulers of Mohammerah and Kuwait. The correspondence discusses changes in legislation proposed by the Government of Iraq regarding the collection of land rent and land produce duties, and the impact of these changes to the ruler of Kuwait, Shaikh Aḥmad al-Jābir Āl Ṣabāḥ.
In particular, the correspondence concerns the Government of Iraq's decision to end the immunity from taxation (on the gardens) that had been granted to the former ruler of Kuwait, Shaikh Mubārak Āl Ṣabāḥ and the Shaikh of Mohammerah, Khaz‘al bin Jābir al-Ka‘bī by the British Government in return for their military support against the Ottoman Empire in World War 1.
The file contains details regarding a legal case brought against Shaikh Aḥmad by members of the Al Zuhair family regarding the ownership of some of his land holdings in Iraq.
Correspondence in the file states that the problems between Shaikh Aḥmad and fellaheen Arabic for ‘peasant’. It was used by British officials to refer to agricultural workers or to members of a social class employed primarily in agricultural labour. (agricultural workers) on his land - as described in detail in IOR/R/15/1/489 - had been resolved.
The file contains correspondence regarding Jacob Gabriel, the Armenian legal representative of Shaikh Ahmad (ff. 5-13) as well as minutes from two meetings held at the Foreign Office with representatives from the 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. , the Treasury, the Treasury Solicitor's Department and the Foreign Office (ff.167-183 & ff. 187-200).
The file also contains the following:
- An English translation of an article which appeared in the Iraqi newspaper Al Ahali in December 1933. The article accuses the Al Sabah family of 'meddling' with fellaheen Arabic for ‘peasant’. It was used by British officials to refer to agricultural workers or to members of a social class employed primarily in agricultural labour. in order to preserve control over their lands in Iraq (f.111).
- A copy (in Arabic) of Iraq's Land Laws (ff. 120-130).
- Detailed figures concerning the produce of Shaikh Aḥmad's lands and the amount of tax and export duties paid on them (ff. 214-227).
- Extent and format
- 1 volume (286 folios)
- Arrangement
File is arranged in chronological order, from earliest at beginning of the file to most recent at end.
- Physical characteristics
Condition: Formerly a bound correspondence volume, the file's sheets have been unbound and are now loose.
Foliation: The volume is foliated from the front cover to the inside back cover, using uncircled pencil numbers in the top-right corner of each recto The front of a sheet of paper or leaf, often abbreviated to 'r'. .
The following foliation anomalies occur: 1a-1e, 27a, 140a-140f, 142a, 146a, 237a.
- Written in
- English, Arabic and Turkish in Latin and Arabic script View the complete information for this record
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'File 53/11 VIII (D 98) Date Gardens of Shaikhs of Kuwait and Mohammerah' [43r] (102/576), British Library: India Office Records and Private Papers, IOR/R/15/1/490, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023601520.0x000067> [accessed 24 April 2024]
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Copyright: How to use this content
- Reference
- IOR/R/15/1/490
- Title
- 'File 53/11 VIII (D 98) Date Gardens of Shaikhs of Kuwait and Mohammerah'
- Pages
- 42r:44r, 140br:140dv
- Author
- Gabriel, Jacob
- Usage terms
- The copyright status is unknown. Please contact copyright@bl.uk with any information you have regarding this item.