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Coll 17/8(1) 'Shaikh of Koweit: Date Gardens of the Sheikh in Iraq' [‎661r] (1326/1452)

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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.

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8&3Le* therefor* Limitation has not run untfrr the intiian
Limitation Act*
Held eecmdly that although article 20 Land Code cirm 10
year® a® period of prescription yet the principle of section
^ 1674 of 'fee 'M&j«Xlah ha® t© he f©Hewed namely feet ne pres*
cription runs if a party adraits that hi® root of title is
derived from fee ancestor of fee other party* in such case
he cannot set up adverse possession hut oust establish a root
of title such m a legal transfer.
10. the history of fee proceedings in fee Bashiy® garden
case ha® not in my opinion heesa accurately or sufficiently
set out v 1 will therefore try to set out the salient facts.
k great deal of stress ha® bean laid by you and by €©j .
Lick son on the Judgment being given by Xraoi end not British
Judges and 1 have therefore made several references to this
11. X have had- copies made of the following doewnemis and
they have been sent to your office for tranalfciiea and
forwarding to youi
1 # Judgment Court of first Instance dated 15.7.31
2* Judgment Court of Cessation dated 11.11.51.
3. Judgment Court of first Xnatanoe dated^ 3C.12.31.
4« Judgment Court of Cassation date<i 9*5.32#
5. the’petition filed by Caffe bint &U Bashe .41 Suhalr
dated 5.3.5C. ^ ^
6* Th,e defence filed, by the 4 dofmidant dated 26*10.30*
7* A further deface dated 38*1.bi.
8* A reply by the plaintiff dated 3*2.31.
9* A rejoinder by the defendant dated 1.2.2.31.
10* A statement by advocate for defend ant dated **4* .'.u3i*
11. Translation of a letter from Lafterkhana Constantinople to
Wakil Bafterkhana Basrah» produced to court on -t*.>.31
(probably 4*7*31)* , t m
12. ISran slat ion copy of a letter from Ministry of i.apu to
Ministry of fin^co signed by fee Brims Minister
produced on 4*5*31 {probably ^.7.31).
13* A letter from Mr. Lobbs dated m
14. An additional petition by fee plaintiff dated . . *&•
12. la civil case Ho. 77 of 1930 of the Beersh Court
of first in stance • mafia bint AH lash a A1 Suh^lr^
sued SheiMi Ahmad Jabir A1 Sabah {Sheikh of Kuwait),
She claimed feat she was the ominr of one share out
Of ten of a certain garde* in
This we know

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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 Historically used by the British to refer to the sea area between the Arabian Peninsula and Iran. Often referred to as The Gulf or the Arabian Gulf. (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 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' [‎661r] (1326/1452), British Library: India Office Records and Private Papers, IOR/L/PS/12/2853, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100047240766.0x00007f> [accessed 14 December 2019]

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