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'File 2/5 VIII Shaikh’s Date Gardens.' [‎137r] (278/646)

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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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V
Ko.P.7/3/9068,
Ministry of Foreign Affairs
Bagdad, 19th August 1937
The Ministry of Foreign Affairs present their
compliments to His Britannic Majesty’s Embassy, Bagdad, and,
to
with reference^His Excellency the Foreign Minister’s letter
No # 1632 dated 11th February 1937, addressed to His Excellency
the Ambassador, have the honour to state as follows*-
The maintenance of the status quo in regard to the
service of judicial documents on Hid Highness the Shaikh of
Koweit means that the Shaikh will continue to enjoy the right
to sue Iraqis while the latter are denied the right to sue
him, although the cases involved relate to reciprocal claims
which have mostly arisen from rights of inheritance and
possession. It appears to the Ministry that further post
ponement of the settlement of this question is likely to
prove detrimental to the rights of a considerable number of
Iraqi subjects, while legal principles do not permit of a
person being allowed the right to sue other persons while
sue# other persona are denied a right to sue him in their
turn. Moreover, His Highness the Shaikh has agents in
Iraq who appear as litigants on his behalf in cases concerning
him, and reciprocal service of le^gal documents is a require
ment of litigation. Accordingly the courts have the right
to require these agents of the Shaikh to accept service in
connection with cases instituted against him, and any such
agent declining to accept service will have applied against
him the legal procedure applicable to persons declining to
accept service.
In view of the reasons stated above and of the
insistence of those concerned on claiming their rights, the
/Iraqi

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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.' [‎137r] (278/646), British Library: India Office Records and Private Papers, IOR/R/15/5/147, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100066165516.0x00004f> [accessed 29 March 2024]

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