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File 2/5 XV 'SHAIKH'S DATE GARDENS' [‎318r] (635/732)

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The record is made up of 1 file (364 folios). It was created in 13 Dec 1943-16 Apr 1947. 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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CONFIDENTIAL
The Bolitical Agency An office of the East India Company and, later, of the British Raj, headed by an agent. ,
Kuwait.
No.C/13.
Dated the 5th January, 1947.
From: 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 .
To: The Hon’ble 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. , Bahrain .
Subject:- Shaikh^ Date Gardens .
Sir,
■ I have the honour to enclose 5 copies of a translation
of a letter and its enclosure numbered R.6.3322 and dated the
23rd December, 1946 from His Highness the Shaikh, from which it
will be seen that his lawyers wish to resign their appointment.
2. The suggestion that His Highness should appoint guards
over his crop has not to my knowledgg t^een put forward since
1943 (vide Kuwait telegram No.651 dated the 2nd September, 1943).
On that occasion the proposal, it will be recollected, was
dropped because the Shaikh was unable to induce Iraqis to act
as guards, and if armed Kuwait subjects were sent (such guards
would have to be armed) the liklihood of clashes and loss of -
life would have been considerable. Besides this, Fao is a
prescribed area under an Iraqi Defence Regulation, and no
foreigner may proceed there without a permit from the Mutasarrif
These objections remain insuperable; and it is unlikely that
Iraqis will be forthcoming for the work in 1947 if they could
not be obtained in 1943.
3. It seems probable that the lawyers are prompted
largely by chagrin at the unexpected reversal of the attachment
orders which nullified all their efforts, but it is to be hoped
that His Highness will manage to induce them to continue to
represent him, although this could probably only be done by
increasing their fees. It is not unlikely that pressure has
been brought upon them by interested quarters in Iraq although
there Is no proof of this; and if such is the case It is

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Content

This file is a continuation from IOR/R/15/5/153. It contains correspondence, memoranda and legal papers regarding lawsuits brought against the Shaikh of Kuwait [Aḥmad al-Jābir Āl Ṣabāḥ] by the heirs of the former owners of the Al Faddaghiyeh, Al Bashiyah and Al Fao properties, and efforts on behalf of the Shaikh to reclaim the properties or seek compensation for their loss. The majority of the file concerns the Fao estate, discussing: the progress of a number of appeals and counter appeals regarding ownership; dealings with the Fao municipality and the Mudir of Fao regarding their occupation of the gardens; the refusal of the Shaikh's tenants to gather the date crop; the passing of legislation giving the tenants the right to reclaim river land adjacent to the Shaikh's property; and negotiations with the Basra Port Directorate for the lease of land within the Fao property. The papers also discuss: the Shaikh's court appeal seeking return of the purchase money for Bashiyah property, and later attempts to bid for the land at auction; and changes in the Shaikh's legal representation at Basra.

The file primarily consists of correspondence between 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. , the Foreign Office, the 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. , 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. at Kuwait. It also contains copies of correspondence between the Shaikh of Kuwait (Shaikh Aḥmad al-Jābir Āl Ṣabāḥ), the Shaikh's son and acting representative in Basra (Shaikh Muḥammad Āl Ṣabāḥ), the Shaikh's secretary (Abdulla Mulla Saleh) and the Shaikh's lawyers (Sulaiman Faidhi, Iskandar Mansur, and Hasan Abdul Rahman), as well as copies of outgoing letters to them.

The file contains the following legal documents and case notes (English translations unless otherwise stated):

  • Court of Appeal decision regarding the Bashiyah, f 65.
  • English and Arabic copies of a court document regarding the Fao properties, ff 90-91.
  • Estimates of the present and pre-war values of the Shaikh's land at Bashiyah, ff 120-121.
  • English and Arabic copies of inheritance documents issued by the Sharia Court of Kuwait, plus Power of Attorney documents, ff 124-132, 136-139, 140-142, 152-155, 192-205, and 325-331.
  • An updated précis of the date garden lawsuits and their status at the time, ff 262-264.
  • A précis of proceedings and Government correspondence regarding the date gardens, ff 276-278, and 333.

The correspondence is continued under reference IOR/R/15/5/155.

Extent and format
1 file (364 folios)
Arrangement

The papers are arranged in rough chronological order from the front to the rear of the file.

Physical characteristics

Foliation: the main foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the inside back cover with 366; 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. Additional foliation sequences are also present in parallel between ff 15-157; 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 XV 'SHAIKH'S DATE GARDENS' [‎318r] (635/732), British Library: India Office Records and Private Papers, IOR/R/15/5/154, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100049317907.0x000024> [accessed 25 April 2024]

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