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Coll 17/8(6) 'Date gardens of the Sheikh of Koweit in Iraq: discharge of HMG's liability in respect of possession and exemption from taxation' [‎65r] (129/853)

The record is made up of 1 file (425 folios). It was created in 21 Nov 1938-10 Feb 1948. It was written in English. 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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comsm^.
rjo.a/4QO-a/3.
r EXT
Political Acenoy (
Dated the Slot July,*48
X
fhe PoiitiCiJL «
SaanULt*
nou*l>l4i thtt Politico. in tt #
1 waller. Oulf §
subjoo.tj- .. P^* cteylcaie.
Sir,
I hav« tho lionour to refer to the oorrmpon&moe resting
with 3 ^ expreeu letter !1o#c/470Jlttted the 16th JuXy t aii *^
cnoloeo a trannlatiun of a letter froti Shalah rotifciumd al /limed
in Jianra to hie father» the sheikh of iluwult# *?he latter has
ssade a verbal ooaplolnt la the strongest terms and has ashed for
assistance fro^Tms SSjesty^s Ooverauo&t*
S. the eaaeo to which he refers are over 3*000 appeals by
the tenants of the gko estates of His nlrhnooa the Bhalhh against
the decision of the Lend settlement Court promulgated In the
Iraq cassette ^•3166 of the 31st IWbruary* 1M4 and registering
the estate in the name of the heirs of BlioL'li Jablr bln /bdullah
as mtrnhm
3 * Theee appeals twe filed in early 1^44 in the hand
Settlement kpj&d. court Iri bhio court ms closed
down in the suimer of 1045 and provincial I-aM nettlesMt Appeal
Courts wore act up in its place. ’Che nppoals v/erc accordlztplc’
transferred to- the Court at 6uam and were first called In
Jamserar arid ^ebruatv* 104d« since ahem thorn hao t^an postpono-
lay Secret Printed Letter no. da tod the 13th August* XC43
to India Offioo* GOVem cab of India and Anhenaudor* rju^^ded*
and my letter ^.c/d4Q dutod the 17th 2uly* 1^46 to you it is
mt poaoiblc for the &kJU!» to rseomr his rent in hind while
these appeals ore pending* and it is probably not an eroggeru-
tloa to eey that he Lao as the result about 50*300/**
t^iich there is very little ehenee of his over rocovuring by
litlgAticn.
3. Ciier^ in no doubt that J'iuhtsud I f snut the Deputy Resident
of the Courts in Seasu* before the appeals ur^u peuding* ie
ovew^orhed; but it is not beyond the bounds of poeslbillty that
the delay my be due to Intrigues on the part of Suloimn
ahawwuf* tile appellants» lawyer* in Baghdad (whexe he hue con*
cidercble influeucc). further delay ie mulreetly to the advan*
togs of his clients and to the disadvantage of the Shaikh.
6. I have the honour to submit that the virtual miscarrlufe
of Justice disclosed by His Highness* complaint should be made
the subject of a protest to the Government of Iraq.
iLcnt after pantponcsoont and no preceedlmos have been taken.
4. .c will be cox* from **** ‘'•otter forwuxdod under oevor or
X have Uifc honour to be
sir*
TUa* tioat obedient servant*
Polltioel Agent* Luuilt.

About this item

Content

This file is a continuation of IOR/L/PS/12/2857. It contains papers regarding the following: legal cases brought against the Shaikh of Kuwait (Shaikh Aḥmad al-Jābir Āl Ṣabāḥ) in respect of the ownership of date garden properties in Iraq; the subsequent institution of Land Settlement Procedure to determine the ownership of the gardens; and questions of compensation to be paid to the Shaikh of Kuwait in respect of a) property lost through litigation, and b) income lost through the imposition of Istihlak tax. The file also contains a small number of documents regarding compensation to be paid to the heirs of the Shaikh of Mohammerah in respect of Istihlak tax.

The file primarily consists of correspondence between 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. Political Department, the Foreign Office, HM Embassy at Baghdad, 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, and 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. . It discusses: the method of calculation to be used in determining compensation payments; legal advice to be provided to the Shaikh; the seizure of the Shaikh's Fao properties, and disposal of the date crops by the tenants; and proposals to end the Government's liability for the Shaikh's date garden properties.

The file also contains communications received from the Shaikh of Kuwait, the Shaikh's son and acting representative in Basra (Shaikh Muḥammad Āl Ṣabāḥ), the Shaikh's lawyers, and the Government of Iraq. These primarily inform HMG Her or His Majesty’s Government in London. of developments with the cases, and concern changes in the Shaikh's legal team.

The following legal documents can be found within the file:

The file also contains a number of documents regarding the wording of the 1914 pledge made by HMG Her or His Majesty’s Government in London. to the Shaikhs of Kuwait and Mohammerah, at folios 262-275. A précis of the proceedings of the date garden cases, with index, can be found at folios 114-129.

The file contains dividers which give details of correspondence references contained in the file by year. These are placed at the end of the correspondence (folios 2-4).

Extent and format
1 file (425 folios)
Arrangement

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

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the last folio with 426; 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. An additional foliation sequence is present in parallel between ff 2-425; these numbers are also written in pencil, but are not circled.

Written in
English in Latin script
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Coll 17/8(6) 'Date gardens of the Sheikh of Koweit in Iraq: discharge of HMG's liability in respect of possession and exemption from taxation' [‎65r] (129/853), British Library: India Office Records and Private Papers, IOR/L/PS/12/2858, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100052612915.0x000084> [accessed 15 November 2019]

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