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'File 2/5 VIII Shaikh’s Date Gardens.' [‎122r] (248/646)

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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. .

Transcription

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® nr
- 2 -
Uaj esty's Government are inclined to think that a fair ani
editable arrangement would be to judge on its merits each
cage in which the Shaikh had been deprived of the ownership
of a piece of -mowat" land, which could be shown to have been
definitely within the properties covered by the pledge. It
appears, in fact, that such land my vary very much in potential
value, since, while some pieces might be entirely useless,
others (like the piece of land which was recently taken by the
fraqi Government for the purpose of building a labour camp in
the neighbourhood of Fao) might prove to have considerable
it pc: for the construction of buildings, the erection
value as sites tor tne
of plant etc. In the event of pieces of "mo*at« land pacing
from the possession of the Shaikh to that of the Iraqi Govern-
'.ent, it should be possible to estimate whether it possessed
ary "site value", if necessary after enquiring from t.ie Iraqi
Govern raent wt* t use they intended to make of it. Should it
appear that the Iraqi Government intended, either immediately
or in the future, to utilise the land, the final.h be
ailotted a sum of money in compensation which would be ^
equivalent in amount to a fair ground rent. On the other
o•**»ri t n nave no obvious value u* s
hand, if the lana appeared to have uo
i raq i government declared that they had no intention
use of it, there would seem to be no obligation to pay any
compensation to the Shaikh*
a i rfifMiltv in such an arrangement would
4 . The odious difficulty in
no P v id ent immediate use, but
come over land which might have
a orove to possess value in years to
which might nevertheless prove
If the -«• •«*•* ** “
ti0 n he or his heirs, might seek to
without any compensation ne,
maintain that the 1914 piomise had not oee'Vfulf iU el.
a risk, however, is almost inseparable from any form of

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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.' [‎122r] (248/646), British Library: India Office Records and Private Papers, IOR/R/15/5/147, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100066165516.0x000031> [accessed 24 April 2024]

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