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File 2/5 X 'SHAIKH'S DATE GARDENS' [‎190r] (384/592)

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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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nonf idaat i&l
r>. If o. C/785
n ff ice of the Polit ioal He© ideat
in the Per©ian Gulf,
J^ted the ibth October, 1958,
Camp, Vixm It
Could jou please refer to y oar demi-official letter Ho
l 3 #'Z • 83C4/5 3 , dated the 7th *jctoser 1958, with eneloaurei, 0*1 the
subject of compensation to be paid to the shaikh of Kuwait for
prospective losses tor/ the taxation of his Date Garden© in Iraq.
1 aia afraid that 1 still disagree with the Tt easur/
suggestion that the rate of interest should toe that obtainable
in Iraq on t/i® grounds thnt that country is in the neighbourhood
of the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. . My reasons are as follow,
(a) In the first place I do not see why it should be assumed
that the subah family Council, to whom His Ilnjesty 1 © Governiuent
will pay the money, (vide paragraph 9 of the Becord of the
Meeting of 21st April], should put this sum into Iraq, a country
which they dislike and distrust - with some reason,
(b) I think ws should accept tne principle that the Family
Council should be expected to invest this money only in trustee
stock: the council are, of course* trustees for the whole v
family. It is obvious that even the so-called first class
mortgages in Iraq do not fall in the class of trustee stock.
(c) In so far a* the argument of '*in the neighbourhood of
the Persian Gulf® is concerned why choose Iraq? ftoy not India,
which is equally^ in this neighbourhood, and being British is
a urely a more suit able country to take as a basis for calcula
tions concerning the investment of mania/ paid by His Majesty 1 ©
Government than a foreign country like Iraq? In this

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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' [‎190r] (384/592), British Library: India Office Records and Private Papers, IOR/R/15/5/149, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100082426557.0x0000b9> [accessed 28 March 2024]

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