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File 2/5 X 'SHAIKH'S DATE GARDENS' [‎152v] (309/592)

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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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321
with such documentary and other evidence or in accor
dance with local custom and he shall register his decision
accordingly.
Article 14.
-{a) The Settlement Officer shall give at least 14 days’ notice before
commencing operations in the land in which it is intended to
carry out Settlement and shall observe the following condi
tions in regard to such notice:—
(iii;
(i) Publication of the names of the lands in the Settlement
Area and the numbers of the Tapu registers relating to
them if any.
(ii) Claims or applications by interested parties concerning
the category, title to ownership, rights or other
interests, boundaries or areas of the lands may be
entertained until the signing of the decision thereon.
The notice shall be exhibited in Government offices and
in other prominent places in the locality and shall be
published in the local newspapers.
(ft) On publication of the notice the Settlement Officer shall notify
direct all parties known to have interests in the lands in
question by reason of (the fact that their names are recorded
in) the Tapu registers or otherwise, including the interested
parties defined in Article 23. The personal notification shall
include such details as are necessary for the public notifica
tion, and all possible steps shall be taken to ensure its delivery
to the addressees.
(c) Persons to whom notifications are addressed in accordance with
the preceding paragraph shall sign the official acknowledg
ment of receipt of the notification on delivery.
Article 15 .— (a) After receipt of the claims and applications, and in any event
after the expiry of the period prescribed in the preceding
Article the Settlement Officer shall proceed to investigate the
case of each parcel of the aforesaid lands, and in the course
of the investigation shall examine the Tapu registers. He
shall when necessary take note of the observations of the Tapu
Official on questions under discussion and also hear the
evidence of the interested parties and their witnesses.
In this manner he shall collect information sufficient to
determine the category of the land, its ownership and the
rights as described in Article 13 and shall investigate the
usufruct in land with a view to application of Article 11 of
this law.
(6) On demand by the Settlement Officer, the Tapu Departments
shall send free of charge a copy of any document or map
relating to lands within a Settlement Area.
Article 16 .—Boundaries of lands of the category of Mulk, Waqf or Miri granted
in Tapu shall be delimited and recorded as follows:—
(а) in accordance with the boundaries on which both parties agree
or which they both accept.
(б) if the boundaries are stated in a sanad or document to which
recognition is accorded and if the boundaries can be verified
clearly on the ground then the boundaries shall be those stated in
the sanad or document.
(c) if both the area and the boundaries are mentioned in a sanad or
document to which recognition is accorded and if the boundaries
cannot be verified clearly on the ground then the area mentioned
in the sanad or document shall be accepted and the boundaries
shall be delimited accordingly.
if the sanad or document cannot be relied upon to fix the area
and boundaries, then the Settlement Officer shall fix the boundaries
as appear to him just after investigating previous usufruct iu the
land and taking into consideration all circumstances bearing on
the case.
(d)
If it appears from the claims and applications made in
accordance with Article 15 that there exists a dispute in
respect of boundaries or the localisation of rights of way, of
waterway, of drainage or of drinking, resort shall be had to
a choice of experts necessary to settle the dispute, preparatory
to summoning them to be present at the time appointed for
the investigation in situ to be held in accordance with
Article 18 of this law.
Mid
Mid
Mid

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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' [‎152v] (309/592), British Library: India Office Records and Private Papers, IOR/R/15/5/149, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100082426557.0x00006e> [accessed 28 March 2024]

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