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Coll 17/8(5) 'Shaikh of Kuwait's date gardens: litigation in Iraq Courts regarding the Bashiyah estate' [‎58r] (115/243)

The record is made up of 1 file (120 folios). It was created in 10 Jun 1938-24 Nov 1944. 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. .

Transcription

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With Mr. S. H. Wright f s compliments
A* Kli.
S. 32453/19
TREASURY CHAIvlBSRS.
17th December, 1941.
Dear Crosthwaite,
e have been getting from the Foreign Office
and 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. copies of recent coramunications
passing between them and Bagdad and 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. about a recrudescence of trouble over
the Sheikh of Koweit’s date gardens. In them there are
references to the possibility of a further payment of
compensation by H. M. Government. This has come to the
Treasurj/ as a sort of shock as we were under the
impression that the question of any further payments by
H. K. Government disappeared with the settlement of 1940.
We should be greatly obliged for a brief summary of the
present trouble, if I am correct in assuming from the
correspondence that there is a possibility of a later
claim on H.M. Government. We have turned up the earlier
correspondence referred to in the recent coinnunications
but the story is so complicated that it is somewhat hard
reading for us here, who are not fully up in all the
details, and v/e are not sure that we follow the position
correctly.
the discussions reach a point where there is anything that
might be regarded as a virtual commitment leading up to
additional payments by H.I». Government, that is if such
payments are ,ot in fact inherent in the 1940 Settlement
and the understandings prior thereto. In the latter event
we should be glad of information about then now.
I am sending a copy of this to Luraby at 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. .
We should of course wish to be consulted before
Yours sincerely.
P. M. Crosthwaite Esq. ,
Foreign Office.

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Content

This file is a continuation of IOR/L/PS/12/2856. It contains papers regarding legal cases brought against the heirs of Shaikh Mubārak Āl Ṣabāḥ (the Shaikh of Kuwait) by the heirs of Shafiqah Al Zuhair, concerning the ownership of the date garden properties known as the Bashiyeh: a suit filed by Rafiah in 1930, which was won on appeal; suits filed by Najiyajh, Hamida and Kamila in 1932; and a suit filed by Bahiyah in 1933. It documents actions taken on behalf of the Shaikh of Kuwait to have the ownership question addressed by a Land Settlement Commission.

It 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, and 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. 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 papers:

  • Decision given by the President of the Land Settlement Commission on the Bashiyeh gardens, dated 22 March 1941. "The two pieces of land... from this estate are to be registered as 216 shares, of which 180 shares go to Ali Al Zohair's heirs, and 36 shares to Jabir, Salim, Nasir, Hamid and Abdulla, sons of Mubarak al Subah...", f 73.
  • Translation of the final decision reached by the Court of Cassation, Baghdad, ff 13-15.

The file continues with Collection 17/8 part 6, reference IOR/L/PS/12/2858.

The file includes a divider which gives a list of correspondence references contained in the file by year. This is placed at the end of the correspondence (folio 2).

Extent and format
1 file (120 folios)
Arrangement

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

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the last folio with 121; 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. An additional foliation sequence is present in parallel between ff 2-120; these numbers are also written in pencil, but are not circled.

Written in
English in Latin script
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Coll 17/8(5) 'Shaikh of Kuwait's date gardens: litigation in Iraq Courts regarding the Bashiyah estate' [‎58r] (115/243), British Library: India Office Records and Private Papers, IOR/L/PS/12/2857, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100044334799.0x000076> [accessed 28 March 2024]

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