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'File 2/5 VIII Shaikh’s Date Gardens.' [‎102r] (208/646)

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The record is made up of 1 volume (319 folios). It was created in 2 Jul 1936-10 Mar 1938. 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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in
Mr» Clauson.
Re the two points raised by Mr. Bateman in
his letter of 20th August, which we have discussed,in
(a) MOWAT LAND, Paragraphs 1-G»
'b) Accretions to Shaikh of Kuwait beyond what he
held in 1914. ParaGraphs 6.8.
2. Ae_L&l» x t is oistinctly to our advantage, and that
as
of the Shaikh, that as explained by Mr. Bateman : Mowat
lanu is land whin is not cultivated because it is not
cultivable.
3. At the same time the final deciding authority on
what* ox what is not, Mowat land, is an Iraoi body, who
may be prejudiced in favour of the Iraqi Government. A
piece of lana may be non-cn!tivable, an a yet be of
considerable value as a site for a railway, an aeroc rome
or for houses. case recently occurred of the Basra
Port T runt wanting to build quarters on a niece of
uncultivable land in the Shaikh’s Fao property. If any
piece of land is declared Mowat then one of two things
will happen. Either the Iraq Government will:-(having
taken over the land)
(1) make no use of it
(2) use it as a site for the construction of a
railway, etc., as suggested above.
If (l), then the Shaikh has lost nothing of value
and orima facie I do not see that H.M.G have to pay him
any compensation.
If (2), then the Sheikh has lost lanu on which he
should be getting rent for the. site of the railway etc.,
and H.M.G- should perhaps pay him compensation.
4o The difficulty lies in point (a) being hypothetical.
At the same time if course (2) is adopted by the Iraq
Government H.M.G. may have to make up their minds in a
hurry and it woulci be as well to consider it now. One
possible

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Content

The volume contains correspondence related to the date gardens owned by the Shaikh of Kuwait, Aḥmad al-Jābir Āl Ṣabāḥ, in southern Iraq. In particular, the correspondence concerns the service of judicial documents emanating from the Iraqi Government on the Shaikh of Kuwait in connection with his ownership of the gardens. 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. , Bushire, together with 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. in Kuwait and the British Ambassador in Baghdad mediate the talks between the Shaikh of Kuwait and the Iraqi Ministry for Foreign Affairs in order to resolve the issue.

The volume includes correspondence from 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 Foreign Office discussing the issue of the Iraqi Government considering part of the Shaikh’s land as mowat (land which is not cultivated because it is not cultivable), and therefore, to be confiscated by the state. The volume also includes correspondence from the Shaikh of Kuwait complaining against the Iraqi Government for putting obstacles in the way of his agents and officials administrating his properties. Upon request, the Shaikh provides a list of names of the heirs of Shaikh Mubarak who have rights to the date gardens.

British Officials discuss a few other issues including: the court case disputing the Shaikh’s ownership of the date gardens having been prosecuted by the heirs of Ali Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. Al-Zuhair at the Court of Basra, the cancellation of the attorney given by the Shaikh of Kuwait to his pleader in Basra, Abdul Jalil Partu, the suggestion of appointing an Egyptian lawyer to plead for the Shaikh at court, the importance of the Shaikh’s cooperation in taking anti-smuggling measures, the Iraq Land Settlement Law, and the British Government’s proposals for a comprehensive settlement of the date gardens issue.

Extent and format
1 volume (319 folios)
Arrangement

The papers are arranged in approximate chronological order from the front to the rear 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 321; 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. Three additional foliation sequences are also present in parallel between ff 6-316, ff 69-199, and ff 242-316; 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 VIII Shaikh’s Date Gardens.' [‎102r] (208/646), British Library: India Office Records and Private Papers, IOR/R/15/5/147, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100066165516.0x000009> [accessed 7 May 2024]

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