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Coll 17/8(1) 'Shaikh of Koweit: Date Gardens of the Sheikh in Iraq' [‎470r] (944/1452)

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The record is made up of 1 volume (721 folios). It was created in 17 Aug 1932-31 Jan 1934. It was written in English and Turkish. 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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A. sues B. for a declaration of ownership in a piece of Miri
land and for an injunction against B. P
A. proves ownership of her ancestor.
B. sets up sale dated 1327, i.e. 13th March, 1909, by ancestor
of A. to ancestor of B. by means of ordinary unregistered sale deed.
Held this Sanad cannot pass ownership;
{a) It has not the consent of the Mamur Tapu necessary
in 1327 under section 36 Land Law for Miri Land Sales.
(b) The Transfer is not registered in Tapu and is there
fore void vide section 1. Transfer of Possession of Immov
able Property Act, 1329, and numerous decisions since Irada
Saniyat, 1318.
B. then sets up Limitation.
(1) Under Indian Limitation Act 12 years period under
article 144 and he claims possession for more than 12 years
prior to Repeal of that Act by Basrah Laws Repeal Act 1920.
(2) Under article 20 Land Code, 10 years is sufficient.
Held by court.
Under the Indian Limitation Act the period runs from date of
Sanad 13.2.1909 (21st Muharran 1327) to 30.9.1920 Basrah Law
Repeal Act i.e. 11 years 7J months. Further the court refused to
hear witnesses that B. had possessed the land prior to date of sale
because the Sanad of Sale on which he himself relies state that the
seller was in possession up to date of sale. Therefore Limita
tion has not run under the Indian Limitation Act.
Held secondly that although article 20 Land Code gives 10
years as period of prescription yet the principle of section 1674 of
the Majelleh has to be followed namely that no prescription runs
if a party admits that his root of title is derived from the ancestor
of the other party; in such case he cannot set up adverse possession
but must establish a root of title such as a legal transfer.
10. The history of the proceedings in the Bashiya garden case
has not in my opinion been accurately or sufficiently set out, I will
therefore try to set out the salient facts. A great deal of stress has
been laid by you and by Col. Dickson on the judgment being given
by Iraqi and not British judges and I have therefore made seveia
references to this aspect of the case.
11. I have had copies made of the following documents and
they have been sent to your office for translation and forwarding
to you :— ^ Q1
(1) Judgment Court of hirst Instance dated 15.7.
(2) Judgment Court of Cassation dated 11.11.31.
(3) Judgment Court of First Instance dated 30.12.31.
(4) Judgment Court of Cassation dated 9.5.32.
(5) The petition filed by Rafia bint Ali Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. A1 Zuhair
dated 5.3.30.
(6) The defence filed by the defendant dated 26.10.3 .
(7) A further defence dated 28.1.31.
(8) A reply by the plaintiff dated 3.2.31.
(9) A reioinder by the defendant dated 12.2.31.
(10) A statement by advocate for defendant dated
24.2.31.
/in Translation of a letter from Dafterkhana Constan
tinople to Wakil Elected representative or attorney, acting in legal matters such as contracting marriage, inheritance, or business; a high-ranking legal official; could also refer to a custodian or administrator. Dafterkhana Basrah, produced to cour on
4.5.31 (orobablv 4.7.31).

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Content

The volume consists of extensive correspondence, memoranda and reports regarding the Faddaghiyeh Estates of the Shaikh of Kuwait, changes made to their tax-exempt status, and lawsuits regarding their ownership.

The records provide details of the lawsuits brought against the Shaikh of Kuwait in the Iraqi courts by the heirs of the previous owners of the Bashiyeh and Faddaghiyeh properties. These rested on claims that the original sales were not correctly registered with the Tapu Department under the old Ottoman Law, as the Shaikh had refused to take out Turkish nationality papers. The file also concerns changes to the tax-exempt status of the date gardens, following the instigation of the Istihlak tax by the Government of Iraq. Questions arose as to whether the Government of Iraq was obligated to guarantee the tax-exempt status originally granted by HM Government ( HMG Her or His Majesty’s Government in London. ), and whether HMG Her or His Majesty’s Government in London. was obligated to compensate the Shaikh for loss of revenue. The correspondence on file primarily concerns attempts by British Officials to defend the Shaikh's status as owner of the date gardens, and discussions about possible compensation.

The principal correspondents and authors are: the High Commissioner for Iraq (Francis Henry Humphrys), the Colonial Office, the Foreign Office, 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 (Harold Richard Patrick Dickson), 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. (Hugh Vincent Biscoe), HM Ambassador to Iraq, HM Counsellor to HM Embassy, Iraq (Sir George Arthur Ogilvie-Forbes), and the Legal Secretary to the High Commissioner for Iraq (John Harry Barclay Nihill). The volume also contains translations of letters received from the Shaikh of Kuwait (Aḥmad al-Jābir Āl Ṣabāḥ), his Basra Agent (Abdul Aziz as Salim al-Badr), his lawyer (Jacob Gabriel), and the Government of Iraq.

The following reports and legal documents appear within the volume:

  • Memorandum prepared by the Judicial Advisor to the High Commissioner for Iraq (G Alexander), regarding attempts made to deprive the Shaikh of Kuwait of certain of his date gardens, ff 658-679.
  • Translation of judgement No. 77/930, issued on 30th December 1931 by the Court of First Instance, Basrah; and translation of decree No. 66/932 dated 9 May 1932, issued by the Court of Appeal, Baghdad, for service on the Shaikh of Kuwait, ff 634-644.
  • Short histories of the Shaikh of Kuwait's Bashiyeh and Faddighiyeh gardens on the Shatt al Arab from the time of their purchase to date, written by 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, ff 621-629.
  • List of persons to be served with legal documents from the Court of First Instance, Basrah, f 533.
  • 'The Date Gardens in Iraq of the Sheikhs of Koweit and Mohammerah. Scope of Undertakings given by HM Government in 1914. Case for the Opinion of the Law Officers of the Crown, and Opinion Thereof', ff 458-476.
  • Explanatory notes with accompanying sketch map of the Faddaghiyeh Estate, ff 205-209.
  • English translations of the four Tapu deeds connected with the Faddaghiyeh Estate dispute (deeds originally dated August 1915), ff 90-99.
  • Copy power of attorney document, written in Turkish, issued by the TC Asliye Mahkemesi Altinci Hukuk Dairesi 6 [Turkish Republic Civil Court of First Instance, 6th Law Department] on the 15 Ramandan 1326 [1908] in favour of Ahmet Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. Kazim Azzubair, ff 78-80.

The file continues with Collection 17/8 part 2, reference IOR/L/PS/12/2854.

The volume includes dividers which give lists of correspondence references found within the volume by year. These are placed at the end of the correspondence (folios 4-5).

Extent and format
1 volume (721 folios)
Arrangement

The papers are arranged in rough chronological order from the rear to the front 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 723; 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 4-721, and ff 695-721; these numbers are also written in pencil, but are not circled.

Written in
English and Turkish in Latin script
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Coll 17/8(1) 'Shaikh of Koweit: Date Gardens of the Sheikh in Iraq' [‎470r] (944/1452), British Library: India Office Records and Private Papers, IOR/L/PS/12/2853, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100047240764.0x000091> [accessed 19 April 2024]

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