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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' [‎126r] (251/853)

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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I:
P*7.3908 :)/9.6.
1938.
G*of I. uele.
1062 D/30.6.38.
Resiaenoy i»ele.
T/152 "^29.6.30.
r . 2.46„o )/l3.
7.1938.
liesidency X.L.
;D/23.3.1938.
Baghdad letter
176/4/38
P.1338.
Kuv*alt tele.211
of 15.6.38.
" Residency A diplomatic office of the British Government established in the provinces and regions considered part of, or under the influence of, British India. tele.
.T/252 of 8.9.38 #
Kuwait tele.
294 Of 14.9.38.
or impediment in the grant to him of title deeds under
Article 20 of the Land Settlement Law His Eajesty*3
Government reserve the ri ;ht to ta^e up the matter through
the diplomatic channel. His Majesty’s Government agreed
with the Ambassador’s suggestion and he was instructed to
make the necessary communication to the Iraq Government
the non Iraqi nationality
embodying his
of the Sliaikli
reservation
in a formal
about
note.
Baghdad tele.
Ill of 22.7.38.
■ ^
Baghdad letter
543(176/30/33)
3/3.11.1938.
Baghdad tele.
• Z of 10.1.39.
| {Baghdad tele.
4 cf 7.2.39.
Residency A diplomatic office of the British Government established in the provinces and regions considered part of, or under the influence of, British India. tele.
|Mt/ 2° D/12.2.39.
■ ;:^F.0.tele.278
0/11.2.1939.
| / f 1.0.161G . 360 ij/
120.2.1939.
Ba-hdad tele.
b «44 D/28.2.39.
.‘Residency tele.
r/49 D/24.2.39.
F.C.tele.393
IJ/I.3.1939.
Beghdad tele.55
D/4.3.1939.
24. The Faddagiyah case was heard on the 23rd of
March and adjourned to April the 11th, end Ahmad Rushdi
Bey returned to 'airo*
until agreement over Land Settlement had been reached were
unsuccessful and the case was eventually heard on June 15th
and judgement entered for the plaintiff. The Shaikh
was advised to submit an appeal to the Appellate Court.
While his Lawyer was awaiting a copy of the judgement to be
served on him before service of which he is debarred from
lodging an appeal the plaintiffs Lawyer Sulaiman Shawwaf
secured an attachment of the estate for money lent by him
to the late Abdullah Az-Zuhair• On bhe Shaikh’s
petitioning against the attachment order the Court on
September 12th 1938 suspended the order and the Sheikh’s
Lawyer receiving service of the judgement cf the Court
entered an appeal.
25. The Iraq Minister or .o ei :n .rfairs apparently
disliked His Majesty’s Government’s reservations for in
late July or early August he proposed a new wording of
paragraph 5 and the Ambassador advised acceptance of the
new wording.
In November ohe Charge * d*Affaires in Baghdad
accepted on beha.f of His Majesty’s Gove ament the Iraq
Government’s reply conveying uheir acceptance of the
proposal to solve the date garden problem by applying
Land Settlement procedure to them inspite cf a further
slight alteration in paragraph 5 of their note of reply
which took ti J^non Iraq* before
*’n-‘;i r .r. .{li cy rt . 'Me f -iiarge’ 1 ’ Af f a Ires lid not consider
the alteration sufficiently important to warrant risking
further delay.
26. Cn the 9th of January 1939 the Fao Nahiya was
declared a settlement area and on January 10th the
FacMaglysh appeal was heard and the Shaikh’s Counsel
applied for a transfer of the case
Board. Die case was adjourned for
to confirm that the Faddagiyab was
This was duly confirmed but at the
February on the
for costs drawn
respondents pointing out that
to the Land Settlement
the Ministry of Finance
in the Fao Nahiya.
resumed hearing in
securiby
was aismissea. The reactions to this decision were venrions
The Residency A diplomatic office of the British Government established in the provinces and regions considered part of, or under the influence of, British India. wanted Ahmad Rushdi Bey brought back, the
Foreign Office suggested that His Majesty’s Government
should taice over the conduct of all further legal
proceeaings ana the Xaaia Olfiha w*ui.u.ad a new Lawyer*
Various legal remedies were suggested end eventually a
fresh appeal was prepared and submitted under Article 186
of the Civil procedure Code of Iraq, a course of action
that had been advocated by the Residency A diplomatic office of the British Government established in the provinces and regions considered part of, or under the influence of, British India. .

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' [‎126r] (251/853), British Library: India Office Records and Private Papers, IOR/L/PS/12/2858, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100052612916.0x000036> [accessed 13 November 2019]

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