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'File 2/5 II SHAIKH’S DATE GARDENS' [79r] (162/420)
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.
opy
(Received under
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.
endorsement N o
P.2.1869).
/ L^f
Enclosure in Foreign Office covering letter ^lo.E. 1395/308/
93,dated 31st March 1933.
In our tele'gram "o.32 of March 24th we informed you of
the Secretary of State’s approval of the procedure you
recommended by which the Shaikh of Kuwait should be advised to
refuse service of the judicial documents relating to his
Bashiyah and Faddaghiyah date gardens.
2. I should perhaps explain, however, that in the case of
the Faddaghiyah gardens we do not think that the Shaikh, in
claiming immunity from process in the Iraqi courts, should go
so far as to refuse to defend the suit when it eventually
comes before the Court. For he would then inevitably lose his
case, and we do not wish him to do so unnecessarily. Indeed,
even if the case does go against him, it may be important,
for the purpose of determining the liability of His Majesty’s
Government under the guarantee given to him, that the ground on
which the case is decided against him should be clear. It may
for instance make a difference whether he loses the case
merely because of non-registration or because the vendors never
were in a position to confer on him a valid title.
3* We suggest, therefore, that when the case comes on, he
should enter a defence under protest; and that every effort
should be made to ensure that the Court is favourably
constituted, and that the Shaikh has the best possible legal
advice.
(E 1395/308/93)
FOREIGN OFFICE,S.W. 1
30th March, 1933
Yours, etc.,
(Sgd.) G.W.Rendel
ieut.-Colonel
Sir Francis Humphrys,
G.C.M.G.
[Knight] Grand Cross of [the Order of] St Michael and St George (accolade).
,G.U.V.O.,
etc.,etc
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
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'File 2/5 II SHAIKH’S DATE GARDENS' [79r] (162/420), British Library: India Office Records and Private Papers, IOR/R/15/5/141, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100044749187.0x0000a3> [accessed 23 April 2024]
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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