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File 4537/1927 Pt 2 'Iraq: Date Gardens of Sheikhs of Kuwait and Mohammerah' [‎620v] (26/1080)

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The record is made up of 1 item (541 folios). It was created in 1 Feb 1931-4 Mar 1933. 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.

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and at this stage of the political development of Iraq, the Govern
ment are particularly desirous that there should not be imputations
against the Law Courts and m particular against tne Court of
Cassation.
3. I must point out that I occupy the most peculiar position in
this matter, for this report does not consist in my giving a note on 0 I
the whole case only, but the honesty of the personnel of the Court
of Cassation is directly challenged by the Sheikh of Kuwait and this
aspect has been pressed by you upon me most forcibly, further you
have put certain questions as regards the Sheikh’s position in Law.
I trust I may be able to give you full and accurate information on
most of these matters, but I cannot say what future decisions ought
to be given by the courts because I shall D.V. most certainly be
required to sit.
4. The letter from Col. Dickson dated 25th June, 1932, shows
that the Sheikh of Kuwait owns five gardens or rather groups of
gardens. The two gardens under reference in this matter are the
Bashiya and the Fadaghiya gardens, these two gardens, with a
third garden called A1 Kharam, form the group of gardens called
Fadaghiyah vide para. (9) of the letter. The case already
decided affects the garden Bashiya and is in respect of a claim to
one-tenth of that garden being the share claimed by Bafia Bint Ali
Pasha Al Zuhair. I have received information that three of the
sisters of Rafia have now filed similar cases in the Court of First
Instance Basrah, cases Nos. 239, 214 and 253, and the Secretariat
of the High Commissioner has been informed. The Sheikh of
Kuwait alleged to Col. Dickson that a case is about to be filed in
respect of the main Fadaghiyah garden, but as regards this no in
formation has reached me.
5. There is a point distinguishing the facts as regards the
possession of the Sheikh in the Bashiya garden and the facts re
garding his possession of the Fadaghiyah garden vide page (3) of
the statement of Abdul Aziz el Salim el Badar, agent for the Sheikh
of Kuwait which is attached to Col. Dickson’s letter. This distinc
tion is that no Tapu Sanad was ever issued to the Sheikh of Kuwait
in respect of the Bashiya garden, but it appears that a Taipu Sanad
was issued to the Sheikh of Kuwait in respect of the main Fadag
hiyah garden vide the letter dated 14th June, 1915, from Sir Henry
Dobbs* and statement on page (7) of Col. Dickson’s letter. This dis
tinction must be borne in mind when I deal with the Sheikh’s |
possession as regards the Fadaghiyah garden.
6. I have no knowledge of the conditions under which the
other four groups of gardens were bought by the Sheikh of Kuwait
nor how the third garden Al Kharam of the Fadaghiyah group was
acquired.
7. Without wishing to minimise the importance of the
Sheikh’s allegations, the actual case decided affects one-tenth of the
small garden of 31 jerib and the Sheikh’s main fear is as regards
the large garden of Al Fadaghiyah containing 400 jeribs.
8. As to the history of the proceedings up to the date of filing
the action in the Basrah Court of First Instance in respect ot t ie
Bashiya garden, I see no reason not to accept the statement o
Abdul Aziz el Salim el Badar set out on pages 1 and 2 of the trans
lation of his note, and I agree with the statement on page 2 ot tjie
letter from 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. dated lit
July, 1932, that there is no doubt that it was a bona fide transac
tion and that the purchase price was paid.
9. I will now summarise the case and the findings. Jhls wi
enable you to follow the complicated series of facts set out m
report.
* Document No. 7, p. 31.

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Correspondence, minutes, memoranda, and other papers concerning the question of a tax exemption on date gardens in Iraq belonging to the Shaikh of Kuwait and the Shaikh of Mohammerah. The papers cover: updates and developments on the situation; the suggestion that the Iraqi Government attempt to purchase the gardens; the suggestion of financial assistance to the shaikhs in meeting proposed payments to the Government of Iraq; discussion of changes in the taxation system in Iraq, enforced by new laws (see folios 1011-1037); records of interdepartmental meetings held at the Colonial Office to discuss the matter; the question of compensation for any taxation imposed by Iraq; and discussion of the legal aspect of the question, including the paper 'Case for the Opinion of the Law Officers of the Crown' (folios 635-651).

Principal correspondents include: the Foreign Office; the High Commissioner in Iraq; 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. ; the Colonial Office; the Treasury; the Government of India, Foreign and Political Department; 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. , Kuwait; and officials of the Government of Iraq.

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1 item (541 folios)
Written in
English and Arabic in Latin and Arabic script
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File 4537/1927 Pt 2 'Iraq: Date Gardens of Sheikhs of Kuwait and Mohammerah' [‎620v] (26/1080), British Library: India Office Records and Private Papers, IOR/L/PS/10/1222/2, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100075322001.0x000037> [accessed 12 November 2019]

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