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File 2/5 XI 'SHAIKH'S DATE GARDENS' [‎18r] (40/528)

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The record is made up of 1 volume (260 folios). It was created in 19 Jan 1939-1 May 1939. 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. .

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Telegram
From
To
No.
S.
His Majesty's Ambassador, Baghdad.
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.
4.
Dated the 7th and received the 8th February, 1939.
Addressed to Hesident in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran.
No. 4, repeated to Kuwait No. 4, Foreign Office No. 30,
Government of India No. 2.
My telegram No. 1. British Judge on Court of
Appeal has given confidentially following account
abortion of FABDAGHIYA gardens case yesterday morning.
Ministry Finance interrogated confirmed that
property in question was situated within FAO NAHIYA
and said that judges were evidently prepared to follow/
precedent of judgment enclosed in my letter November 3rd
and to transfer case to Land Settlement. However when
case opened opposing lawyer pleaded that appeal was not
valid as security for costs (which has to accompany
all appeals) was incorrectly worded (point was that
document declared, surety would accept all liability
for costs instead of that he accepted all liability -
future tense was used instead of present). Court
admitted this plea and rejected appeal.
British Judge agrees that this was a proper
and unavoidable decision and attributes gross ignorance
of complicity to Shaikh’s lawyer for having drafted
Hi
documents as he did. Privately he indicates one possible
loop-hole. Judgment given Court assume first instance
at Basra has not yet been served on four of named
defendents. Shaikh’s lawyer should arrange for service
and then mafce new appeal on behalf of these four persons.
If judgment is given transferring case to Land Settlement
appli/

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Content

This volume is a continuation from IOR/R/15/5/149. 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 progress of the law suits, including appeals lodged against previous judgements; the Shaikh's legal representation, and options to replace the Shaikh's Basra lawyer (Abdul Jalil Partu) following an error in the wording of a surety document, and later following his conscription into the army; and the seizure of the Fao and Faddaghiyah estates by the Mudir of Fao on account of unpaid taxes, followed by the eviction and replacement of the Shaikh's tenants. 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.

The volume 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 volume also contains the following case and legal papers:

The file continues under reference IOR/R/15/5/151.

Extent and format
1 volume (260 folios)
Arrangement

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

Physical characteristics

Foliation: the main foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the inside back cover with 262; 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 40-257; these numbers are also written in pencil, but are not circled. A previous foliation sequence, which is also circled, has been superseded and therefore crossed out.

Written in
English and Arabic in Latin and Arabic script
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File 2/5 XI 'SHAIKH'S DATE GARDENS' [‎18r] (40/528), British Library: India Office Records and Private Papers, IOR/R/15/5/150, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100044702343.0x000029> [accessed 8 May 2024]

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