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File 2/5 X 'SHAIKH'S DATE GARDENS' [‎68r] (140/592)

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The record is made up of 1 volume (292 folios). It was created in 2 Jul 1938-17 Jan 1939. 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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?.Z. 5371/1938
corr.
(2.4421/28/93).
S :I C B . /H .
Bear Mr* v : : ard 9
In replj to ymir letter I' £ 0*192/27/38, I have the
honour to inform you that the case of the Sheikh of K.o^eit
Is eorreot in pursuance of the Ima operative in Iraq end
that the documents relative thereto are also correct from
the point of view of those lews* I here explained these
opinions in three notes which I submitted to the Basra Court*
I have also discussed in those notes the whole case from all
points of view* It is noteworthy to invite your attention
to the fact that these notes were not a mere defence in favour
of the -hoi :jh of own it but that their contents were written
from deep belief ami true frith* ^
I have not contented myself with my opinion on this ^
case, but I km*J also sought the opinion of many legal
authorities about the contents of e$r notes, end they have
fully agreed with ibc*
I tale this opportunity ~ though this occurred to my
mind before the arrival of your ebove-mentioned letter - to
mention to you briefly ay belief in the do 0 tiny of the case*
Courts in Ira- are composed of Irani judges presided
over fey Jnglich magistrates* I heva observed that Iraqis in
general are affected by their feelings more then their minds*
Perhaps in so far m this case is concerned they have not yet
forgotten that the Sheikh of oweit supported the nnglioh
in 1914, and offered the® facilities for the occupation of
Basra* This he did by standing against the Turkish srmy
until the arrival of British troops from India* An agreement
in this sense was concluded between the Sheikh end the British
Government. I think that in giving judgment in Uiio case
those

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Content

This volume is a continuation from IOR/R/15/5/148. It contains correspondence, memoranda and legal papers regarding law suits brought against the Shaikh of Kuwait [Aḥmad al-Jābir Āl Ṣabāḥ] by the heirs of the former owners of the Al Faddaghiyeh, Al Bashiyah and Al Fao properties. The papers discuss the provision of legal assistance for the Shaikh of Kuwait, the progress of the various lawsuits, the felling of date trees on the Fao land, and attempts by the Shaikh's representatives to have the ownership of the garden properties settled under the Iraqi Land Settlement Law. The papers also concern the question of compensation to be paid to the shaikhs of Kuwait in respect of a) property potentially lost through litigation, and b) income lost through the imposition of Istihlak tax.

The volume primarily consists of correspondence between 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 The historical term used to describe the body of water between the Arabian Peninsula and Iran. , the Foreign Office, 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. Political Department, the Treasury, 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. at Kuwait, and HM Ambassador to Iraq. It also contains letters received from the Shaikh of Kuwait (Shaikh Aḥmad al-Jābir Āl Ṣabāḥ), the Shaikh's son and acting representative in Basra (Shaikh Muḥammad Āl Ṣabāḥ), and the Shaikh's lawyers, Ahmed Rushidi Bey [Aḥmad Rashīdī Bey] and Abdul Jalil Partu, as well as copies of outgoing letters to them.

The volume contains the following case notes and legal documents:

  • Translation of a reply to the Plaintiff's Counsel's Note, submitted by Ahmed Rushidi Bey to the Basra Court of Instance, ff 28-39.
  • Minutes of a meeting held at the Foreign Office on 21 April 1938 regarding the date garden properties of the Shaikhs of Kuwait and Mohammerah, ff 71-90.
  • Print of the Land Settlement Law No. 29 of 1938, taken from the Iraqi Government Gazette, ff 150-154.
  • English and Arabic copies of the Judgement of the Basra Court of Instance in suit No. 373/1932, ff 198-206.
  • English translation of the Judgement of the Court of Cassation, in its capacity as a Court of Appeal, regarding five Aranas situated in the Tel Kaif village, ff 216-218.

The file continues under reference IOR/R/15/5/150.

Extent and format
1 volume (292 folios)
Arrangement

The papers are arranged in rough 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 294; 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. An additional foliation sequence is present in parallel between ff 6-289; 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 X 'SHAIKH'S DATE GARDENS' [‎68r] (140/592), British Library: India Office Records and Private Papers, IOR/R/15/5/149, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100082426556.0x00008d> [accessed 29 May 2024]

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