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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' [‎169v] (338/853)

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.

Transcription

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aHi
undertaken to make grafts of--land in (omission) Liwa”♦
This would, of course, place Sheikh completely at
their mercy.
3. Counsel took up the matter with Minister lor
Foreign Affairs who (v assured) him i hat Sheikh ; s
position would he preserved, hut on teing asked to
confirm (? this) in writing he evadec the point, and
Holman only secured verbal undertaking,; meanwhile
Amendment will become law in a day or two*
4. Hven if Minister remains ii power and admits
having given undertaking, Irac* Government could
repudiate it at will by saying that it was unauthorised.
I do not think slightest reliance car be p3,aced on
verbal assurances, more especially in view of history
of the case (? and would) urge that v^ritten undertaking
be obtained at the earliest possible moment. If
Sheikh fails to secure estates, we shall be liable
for very large sum in compensation^

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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.

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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' [‎169v] (338/853), British Library: India Office Records and Private Papers, IOR/L/PS/12/2858, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100052612916.0x00008d> [accessed 18 November 2019]

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