!['File 2/5 II SHAIKH’S DATE GARDENS' [‎28r] (60/420)](https://iiif.qdl.qa/iiif/images/81055/vdc_100000000831.0x000058/IOR_R_15_5_141_0060.jp2/full/!1200,1200/0/default.jpg "'File 2/5 II SHAIKH’S DATE GARDENS' [‎28r] (60/420)")
'File 2/5 II SHAIKH’S DATE GARDENS' [28r] (60/420)
The record is made up of 1 volume (206 folios). It was created in 14 Jun 1915-27 Jul 1933. 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
This transcription is created automatically. It may contain errors.
V
-3-
tft€Or admitted tn©t tiiey were Torkiaii aubjects* t- arfcgr&ipii 4
of my letter of Mat October) • One of the eardirml factors
of our policy in tne Gulf in pre- ar years wa» opposition to
Turkish claims to Kuwait, which his esty f a uov ernnierst were
continually pressing on the Jhaikh. The letter could ar^ue
that his omission to produce a Tapu was due * in p^rt - to
this pressure*
ic) The dhaikh based his claim to the garden on
prescriptive right, and under the Indian limitation Act was
only short of the necess; ry time (12 years) by 4f months*
(paragraph o oi i^y letter already quoted). .-hile time limits
the
laid down by/i.a« must be observed, it ie exceedingly mrd on
the Uh&ikh that he should lose his possession by such a short
margin*
(d) Moreover the tm ikh hsd witnesses to prove
act .ml possession before the date mentioned in the Tanad or
Snlc, whom the Court refused to hear on the grounds that the
Carmd of Sale on which he himself relied stated that the seller
was In possession up to the date of the sale. X'his ruling of
tue Court seems to ms of doubtful validity* A dj* facto
possession of property by & purchaser 9 with the permission of
the former owner and seller of that property, has under certain \
circuraatances some weight in law, and it seems to me that the
Shaikh*s witnesses might m\e been heard* if they iuid been
heard, and could hevs proved previous poBsesaion to the satis-
faction of the Court, yarn utmikh would m ve won ius case. Mr.
/ lexander himself is doubtful as to the ruling of the Court on
this point being correct* (paragraph 21 (a) of his Acte) •
(«) Under the Iraq hand Act, which only prescribes
10 years 1 limitation, and on which the ha ikh alternatively based
his case, he aetuaily proved his prescriptive right, (lar©graph
About this item
- Content
The volume contains correspondence related to the date gardens owned by the Shaikh of Kuwait, Aḥmad al-Jābir Āl Ṣabāḥ, in southern Iraq. In particular, the correspondence concerns the court suit raised in Basra Court by members of al-Zuhair family complaining against the Ruler of Kuwait. The suit in question concerns a portion of the Shaikh’s Faddaghiya estate on Shatt al-Arab, and the Bashiya land to which members of al-Zuhair family lays claim to. According to the reports, the Faddaghiya estate was owned by Aisha, wife of Ahmad Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. Al-Zuhair. Ahmad Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. sold the estate to Shaikh Mubarak of Kuwait although he did not hold a Power of Attorney from his wife at the time of the sale, in 1914.
The Iraqi Government had requested via the British Embassy, Baghdad, for the Shaikh of Kuwait to submit to the Basra Court certain documents related to the case including a copy of Power of Attorney to prove the right of Ahmad Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. Al-Zuhair to proceed with the selling.
The volume includes a sketch map of the Faddaghiya estate with explanatory notes (ff 94-97). It also includes minutes of a meeting which was held at the Foreign Office in London to discuss issues related to the date gardens and the court suits. The correspondence contains reports that the 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 Faw estate have started refusing to pay rent and were committing acts of sabotage. The Shaikh in turn argued that the British Government’s procrastination had caused him further troubles. Among the correspondents in the volume are 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. , Bushire, 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. , Kuwait.
The volume’s core correspondence covers the years 1932 and 1933. The earlier start date given to the volume is a result of correspondence between Sir Henry Dobbs, Revenue Commissioner, Basra, and Abdul Aziz al-Salim Al-Badr, Agent of the Shaikh of Kuwait in Basra (ff 23-25), which is dated 14 June 1915. The correspondence includes the details of the Tapu dead registration granted to the Shaikh of Kuwait.
- Extent and format
- 1 volume (206 folios)
- Arrangement
The papers are arranged in approximate 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 208; 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 6-203, and ff 139-203; these numbers are also written in pencil, but are not circled.
- Written in
- English and Arabic in Latin and Arabic script View the complete information for this record
Use and share this item
- Share this item
'File 2/5 II SHAIKH’S DATE GARDENS' [28r] (60/420), British Library: India Office Records and Private Papers, IOR/R/15/5/141, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100044749187.0x00003d> [accessed 19 April 2024]
https://www.qdl.qa/en/archive/81055/vdc_100044749187.0x00003d
Copy and paste the code below into your web page where you would like to embed the image.
<meta charset="utf-8"><a href="https://www.qdl.qa/en/archive/81055/vdc_100044749187.0x00003d">'File 2/5 II SHAIKH’S DATE GARDENS' [‎28r] (60/420)</a> <a href="https://www.qdl.qa/en/archive/81055/vdc_100044749187.0x00003d"> <img src="https://iiif.qdl.qa/iiif/images/81055/vdc_100000000831.0x000058/IOR_R_15_5_141_0060.jp2/full/!280,240/0/default.jpg" alt="" /> </a>
This record has a IIIF manifest available as follows. If you have a compatible viewer you can drag the icon to load it.https://www.qdl.qa/en/iiif/81055/vdc_100000000831.0x000058/manifestOpen in Universal viewerOpen in Mirador viewerMore options for embedding images
Copyright: How to use this content
- Reference
- IOR/R/15/5/141
- Title
- 'File 2/5 II SHAIKH’S DATE GARDENS'
- Pages
- front, back, spine, edge, head, tail, front-i, 2r:11v, 13r:15v, 18r:45v, 47r:70v, 74r:75v, 78r:140v, 144r:188r, 197r:207v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence