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File 2/5 XIV 'SHAIKH'S DATE GARDENS' [‎159r] (319/628)

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The record is made up of 1 file (310 folios). It was created in 6 Dec 1942-18 Nov 1943. 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 Documents collected in a private capacity. .

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Con fi dentia l #
Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent.
Kusrait,
?!o. C/321-2/5
16th May, 1943
Prom
Major T. Hickinhotham,
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. , Kuwait.
To
The Hon•hie 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. , Bushire.
Sir
/
toysfour
I have the honour to refer to^your endorsement
Ho. 8-S of January 5th and to enclose a copy of a letter
from Shaikh Muhammad hin Ahmad As Subah, the Agent for His
Highness the Shaikh of Kuwait’s estates in the Basra Liwa.
regard to the area of land 'which the Basra Port Authorities
please see tl^ ^rrespondence ending with Baghdad letter
? T o. 38/1/36, dated the 7th of August 1936. The second is
a more serious matter and concerns the reclaimed land on
the river bank in front of His Highness* Pao estates. In
this connection please^||e the correspondence beginning with
my letter No. C/829-5/2 dated 30th August 1942.
3. I have discussed the question fully with His Hlghnesi
and indicated to him that as regards the area which the
Basra Port Authorities were desirous of acquiring in 1935-36 j
he should instruct his agent to make an immediate reference
to the Land Settlement Officer whose duty it is to examine
just such claims as these and decide the ownership of dis
puted property of this nature. His Highness stated that he
agreed vith my view and would cause a letter of instructions
to be sent to Shaikh Muhammad without delay.
4. As regards the reclaimed land on the river side of
Shaikh Muhammad raises two points. The first is in
were anxious to acquire in 1935-36, in which connection
the property I have advised His Highness to instruct Shaikh
Muhammad immediately to bring the action of the fellahin 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 Mudir of Pao to the notice of the Land Settlement.

About this item

Content

This file is a continuation from IOR/R/15/5/152. It contains correspondence, memoranda and legal papers regarding lawsuits 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, and efforts on behalf of the Shaikh to reclaim the properties. The papers discuss the progress of the various cases, appeals and hearings regarding the Faddaghiyah (eventually found in favour of the Shaikh), the Bashiyah (eventually found against the Shaikh) and the Fao (still ongoing by the closure of the file) properties.

The papers also discuss: the provision of legal advice for the Shaikh, following the appointment of the Advocate Nasarat al-Farisi as Iraqi Ambassador to Turkey; technical difficulties with Powers of Attorney granted to and by the Shaikh; the occupation of the Fao fish and meat markets by agents of the Fao Municipality; the rebellion 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. on the Fao estate, and their refusal to pay rents or gather the date harvest; the prohibition against the export of dates from Iraq to countries other than Kuwait without the prior agreement of the Date Board; and the potential compensation claim should the Shaikh lose ownership of any of the 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 copies of correspondence between the Shaikh of Kuwait (Shaikh Aḥmad al-Jābir Āl Ṣabāḥ), the Shaikh's son and acting representative in Basra (Shaikh Muḥammad Āl Ṣabāḥ), the Shaikh's secretary (Abdulla Mulla Saleh) and the Shaikh's lawyers (Sulaiman Faidhi, Nasrat al-Faresi, and Iskandar Mansur), as well as copies of outgoing letters to them.

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

  • Copy of the pleading submitted by Nasrat al-Faresi to the President of the First Court of Appeal of the Land Settlement Board, ff 59-76.
  • Document listing the various postponements to the Faddaghiyah case, providing dates and grounds for postponement, f 82.
  • Copy of the final decision of the Second Court for Land Settlement, Iraq, for the Faddaghiyah Estate, ff 101-102.
  • Power of Attorney documents, ff 108-109, 184-185.
  • Précis on all the diplomatic and legal proceedings regarding the Shaikh of Kuwait's date gardens since 1927, with index, ff 130-145.
  • Memorandum submitted by Nasrat al-Faresi to the Iraqi Court of Cassation regarding the Faddaghiyah Estate, ff 186-188.
  • Memorandum submitted by Iskandar Mansur to the Court of Cassation regarding the Faddaghiyah Estate, ff 191-192.
  • Various memoranda and documents of security submitted to the Iraqi Courts, ff 197-205.
  • Final decision of the Court of Cassation regarding the Faddaghiyah Estate, ff 290-291.

The correspondence is continued under reference IOR/R/15/5/154.

Extent and format
1 file (310 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 312; 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. Three additional foliation sequences are also present in parallel between ff 1-311, ff 21-103, and ff 182-295; these numbers are also written in pencil, but are not circled.

Written in
English in Latin script
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File 2/5 XIV 'SHAIKH'S DATE GARDENS' [‎159r] (319/628), British Library: India Office Records and Private Papers, IOR/R/15/5/153, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100041943431.0x000078> [accessed 25 April 2024]

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