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Coll 17/8(1) 'Shaikh of Koweit: Date Gardens of the Sheikh in Iraq' [473v] (951/1452)
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. .
Transcription
This transcription is created automatically. It may contain errors.
There have been many different decisions as regards necessity
or non-necessity of registering land in different parts of Iraq but
I am of the opinion that as far as the transactions in land at Basra
is concerned section 36 of the Land Law certainly applied as to
permission of Mamur Tapu and since the Irada Saniyah of 1318
tihere have been many decisions insisting that sales must be regis
tered or they have no validity. The first part of section 1 of Law
to dispose of Immovable Property 1329 lays this down and applies
in Iraq according to many decisions. The Unregistered Sales Con
firmation Proclamation 1919 affirms this in its Preamble.
24. Generally I am of the opinion that, even if the omission
to inform me of the case, was intentional, the grounds given by the
Court of Cassation will be accepted by the Iraq Government as being
valid grounds for determining this claim and unless there is some
treaty obligation I do not think that the Iraq Government will
admit any liability. The argument may be expressed as follows
Minor children are not bound until they reach majority.
They may take any legal steps to recover what they think is
their patrimony. The sale by ancestor of plaintiff is null and
void. If there is a legal flaw in the title of the purchaser
from their father and mother they may recover the estate even
though it has enormously increased in value unless they are
time barred. They were not time barred at the date of the
Basrah Law Repeal Act and under the Civil Law no pres
cription can be good as the Sheikh admitted he held his titles
from the ancestor of Plaintiff.
I will put the matter in another way. The Sheikh of
Kuwait has induced the British Government to guarantee his
possession of lands to which he cannot (presumably) establish
his legal title.
I draw attention to the following -
It is in fact clear from the conditions of the deed that
he was aware of the necessity of registration and aware
that there were difficulties he endeavoured against the
express provisions of the Law to ensure that the sale should
not be considered null.
25. As to the promise by the British Government, the Iraq
Government, so you inform me, don’t admit this promise to be
binding on the Iraq Government. If there is a dispute between
the two Governments, presumably the matter will go to the Hague
Court. If the Hague Court holds that this is an international
obligation of Iraq, then, the Iraq Government may have to pass
a law expropriating those persons who establish their claims in
those gardens.
If the Hague Court holds that there is no international obli
gation on the Iraq Government it seems to me that this becomes
a matter between the British Government and the Sheikh of Kuwait
and it is for the British Government to decide whether the Sheikh
should be compensated.
26. I notice that the Sheikh of Kuwait refuses to employ
Mr. Mirza Mohammed. It will be extremely difficult for the High
Commissioner to get legal opinion unless some advocate of standing
is employed and I am of the opinion that it is advisable to obtain
the advice of an experienced local advocate. It may be that the
ruling on limitation under the Indian Limitation Act can be
attacked and the ruling that article 20 of the Land Code is subject
to the overriding provisions of article 1674 of the Majelle may be
challenged by the advocate.
27. 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.
of the Gulf asked about the claim
to be independent of the Law Courts. All I can say is that the
About this item
- 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 View the complete information for this record
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Coll 17/8(1) 'Shaikh of Koweit: Date Gardens of the Sheikh in Iraq' [473v] (951/1452), British Library: India Office Records and Private Papers, IOR/L/PS/12/2853, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100047240764.0x000098> [accessed 24 April 2024]
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- Reference
- IOR/L/PS/12/2853
- Title
- Coll 17/8(1) 'Shaikh of Koweit: Date Gardens of the Sheikh in Iraq'
- Pages
- front, back, spine, edge, head, tail, front-i, 2r:22v, 24r:41v, 43r:72v, 74r:78v, 81r:88v, 90r:100v, 104r:112v, 114r:155v, 157r:159v, 163r:168v, 170r:198v, 200r:289v, 293r:310v, 312r:462v, 467r:467v, 469v:531v, 534r:596v, 598r:613v, 615r:618v, 620r:633v, 645r:678v, 680r:705v, 717r:718v, 722r:723v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence