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'File 2/5 VIII Shaikh’s Date Gardens.' [‎123r] (250/646)

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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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compensation based on estimated value, and it clearly would
not be possible to allow the Shaikh or his heirs to re-open
the question of compensation. A final decision would, there
fore, have to be taken after careful consideration, due
allowance being made for the possibility of the land acquiring
h 2 j,te value** £it a lat er date.
r - In paragraphs 6 and 7 of his despatch, Mr.Bateman
went on to suggest that any gains of land (e.g. in the nature
of natural accretions), which might accrue to the as
the result of the application to his properties of the land
settlement procedure, might fairly be set off against any land
of which he might be deprived in the course of the same
operation. Hia Majesty’s Government do not feel able however
to approve this suggestion. They consider that the promise
given to the Shaikh’s predecessor in November 1914 covered
the whole area of land then in his possession, and that
consequently any compensation dae on account of tne loss of
part of that land must be paid irrespective of any gains ou. side
the area owned by the Shaikh of Kuwait in 1914. It would
moreover be difficult in any case to maintain that the Shaikh
was beholden to His Majesty's Government for causing his
properties to be thrown open to land settlement, since the
land settlement procedure derives from ordinary Iraqi legisla
tion and is, in fact, intended to be applied in due course
to the whole area of Iraq.
6. I note from paragraph 7 of Mr. Bateman's despatch that
he was doubtful whether the Shaikh would find it to his
advantage to invoke the 1914 boundaries of his properties.
■i of v i ew of His Maj esty ’ s Gov er n-
It ia however from the point of vie o
exactly those boundaries, so as to
ment important to ascertain e
4 -v, ir. liability to the closest limits of
be able to confine their Uab-l y

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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.' [‎123r] (250/646), British Library: India Office Records and Private Papers, IOR/R/15/5/147, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100066165516.0x000033> [accessed 18 April 2024]

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