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'File 2/5 II SHAIKH’S DATE GARDENS' [‎107r] (218/420)

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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. .

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p '
pFOol cl p08®®s8ioii uei’orv.’ tht- .-.Kt© oi trlic aeknn^Iotr
(in 'the 4©«a of snle) w. s refused because it could h* re ©erred
no good purpose, out the time ■.hich ran ^Xter the ..mte ot the
acknowledgment was taken fully into account. his ^as aoae
month© short of the statutory period and so the plea failed*
Statutory periods during which legal rights are Xo, t or gained
ozm never he laid down without their strict ohearrouce taro Ivin
Imrd cases* hut ,ime muat* nevertheless, no strictly calculated
in m-tiers of liaitntion.
i 4 ) i h-g-^ her„t he Mr ft u han d, ^ c t \ i, a * _., t toman 10,000 Persian dinars, or a gold coin of that value. I*; aid Code) can .ve
pleaded*
ine Ot toman 10,000 Persian dinars, or a gold coin of that value. hftiid Code put© lu years as the prescrl . tion
period in respect of &iri land* ”Miri w wa® the tenure of uoth
estates* It cannot he applied, however# to the present action
uecause under this let an unregistered occupier cannot plead,
prescription by time against a registered proprietor*The ct
would apply between two unregistered occupiers, or between two
registered proprietors.
t. Grower, horn 1 have consulted on thlr point, concurs
with the aoove out points out that the hftiich wight have
improved hie position, if, after ten years uninterrupted
possession, he had added a now and conflicting registration
in hin own name. <hi& i© a procedure which, though not practised
in- Iraq,, nevertheless appears to be per issiule under *: ttoman
Land Law ana is, 1 believe, followed xn Palestine.
Be that as it may, the Bhnikh has not obtained a title
deed from the ] egistry ior his dashiyeh estate and he cannot
m * t ' 0CfiUSe hi uninterrupted possession has been challenged.
Faddaghiyeh/

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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
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'File 2/5 II SHAIKH’S DATE GARDENS' [‎107r] (218/420), British Library: India Office Records and Private Papers, IOR/R/15/5/141, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100044749188.0x000013> [accessed 29 March 2024]

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