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File 2/5 XII 'Ownership of HH Shaikh of Kuwait's Date Gardens in Iraq' [‎119r] (237/542)

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The record is made up of 1 file (268 folios). It was created in 25 Mar 1939-5 Mar 1941. 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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/Tjs,
J&lr
3. irtf
compensation. Is it known v/hat tho position is in this
rcspoct?
If the problem is to be looked at from the angle,
as suggested in your letter, of ownership or administration,
tho question whether TT desccndants ,T covered non-heirs as
well as heirs would become secondary. But the latter
question would still have scope as regards that part of the
Farhaniyeh estate owned by the non-heirs which is not
administered by the heirs. And the whole problem can still
be looked at from this angle, rather than from that of
ownership or administration.
Here too I am assuming that we cannot now ascertain
the true meaning of the Arabic word in the 1914 pledge which
is rendered "descendants 11 in the English version. There
was I find some discussion in 1929 on the use of "descendante TT
in the English version, but it was as regards its use instead
of the more usual term - according to Colonial Office
letter 68214/2$ of 11th October, 1929 - "successors",. The
Foreign Office in a letter E.5244/125 of 19th idem said
that 11 descendants" would appear only to include the actual
heirs of the Sheikh r s body. (There is no mention of
looking up the Arabic word). The word used in the English
translation of the pledge to the Sheikh of Mohammerah is
"heirs", and prima facie one would have expected the same
word* or words with the same meaning, to be used to the two
Sheikhs in 1914. The letter to Sheikh Mubarak containing
the pledge to him says in fact that "I have addressed a
letter to the Sheikh of Mohammerah similar to this I am
writing you". "Heirs" is the basis on which the question
of compensation in the Mohammerah case is being approached.
the question is to be decided from the
angle/
In so far as

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Content

This file is a continuation from IOR/R/15/5/150. It contains correspondence, memoranda and legal papers regarding law suits brought against the Shaikh of Kuwait [Aḥmad al-Jābir Āl Ṣabāḥ] by the heirs of the former owners of the Al Faddaghiyeh, Al Bashiyah and Al Fao properties. The papers discuss: the seizure of the Fao estates by the Mudir of Basra, the eviction of the Shaikh's 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. , and the eventual return of the properties and the fish and meat markets to the Shaikh's control; legal assistance for the Shaikh, following the conscription of his lawyer, Abdul Jalil Partu; the establishment by the Government of Iraq of a separate Land Settlement Area to cover the properties of the Shaikh in the Fao Nahiyah; and the appointment of Judge C Good to carry out the settlement procedure. The papers also concern the question of compensation to be paid to the shaikhs of Kuwait in respect of a) property potentially lost through litigation, and b) income lost through the imposition of Istihlak tax, as well as proposals to discharge HMG Her or His Majesty’s Government in London. from further obligations to the Shaikh regarding the garden properties.

The file primarily consists of correspondence between the 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. , the Foreign Office, 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. Political Department, the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. at Kuwait, and HM Ambassador to Iraq. It also contains letters received from the Shaikh of Kuwait (Shaikh Aḥmad al-Jābir Āl Ṣabāḥ), the Shaikh's son and acting representative in Basra (Shaikh Muḥammad Āl Ṣabāḥ), and the Shaikh's lawyer, Abdul Jalil Partu, as well as copies of outgoing letters to them.

The file contains the following legal and case documents (English translations unless otherwise stated):

  • Copy judgement of the Court of Cassation regarding the referral of the Faddaghiyah case to the President of the Land Settlement Committee in the Fao Nahiyah, ff 103-104.
  • Correspondence between Shaikh Ahmad, Shaikh Muhammad, and Abdul Partu, regarding the Tapu deeds for the properties, and the registration of appeal documents with the Courts, ff 170-176.
  • Land settlement notifications from al Waqa'i al-Iraqiyya , ff 198-200, 255.
  • English and Arabic copies of the compensation offer to the Shaikh, plus a draft discharge agreement, ff 218-224.
  • A private note by Judge C Good of the Basra Court of Instance, to Major Galloway, regarding the Land Settlement Procedure, ff 261-262.

The file is continued under reference IOR/R/15/5/152.

Extent and format
1 file (268 folios)
Arrangement

The papers are arranged in rough chronological order from the front to the rear of the file.

Physical characteristics

Foliation: the main foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the inside back cover with 270; 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. Two additional foliation sequences are also present in parallel between ff 2-269, and ff 18-269; these numbers are also written in pencil, but are not circled.

Written in
English and Arabic in Latin and Arabic script
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File 2/5 XII 'Ownership of HH Shaikh of Kuwait's Date Gardens in Iraq' [‎119r] (237/542), British Library: India Office Records and Private Papers, IOR/R/15/5/151, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100041334048.0x000026> [accessed 28 March 2024]

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