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File 2/5 X 'SHAIKH'S DATE GARDENS' [‎248r] (500/592)

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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. .

Transcription

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We agree that it might be held to be arbitrary to
calculate the amount of the incidence of the istihlak tax
on the estates of the Shaikh of Muhammerah on the basis of
the relation of the pre —istihlak revenue assessments of his
properties to the same assessments of the properties of the
Shaikh of Koweit, that is to say by first establishing the
average total incidence of the Istihlak on Koweit’s gardens
and then fixing the average annual incidence of the tax on
Muhammereh's gardens at a figure bearing the same relation to
Kowe 11*s average as the pre- istlhlak revenue assessments of
Muhammerah*s gardens bore to the pre- istihlak revenue
assessments of Koweit’s gardens. Nevertheless it seems to
us that these revenue assessment figures could be usefully
employed to persuade those concerned to accept lower figures
than those put forward by Khan Bahadur Murza Mohammed if no
better method of checking those figures can be found.
As regards (b), we have had a preliminary talk with
the Bagdad Manager of Messrs, .hinney, Murray 4 Company.
In his opinion, it is unlikely that an audit of the shaikh's
agent's book could establish with certainty that the dates
sold (and included in the agent's figures) were exclusively
the produce of the exempted gardens or that these figures
did not include the value of produce purchased by the agent
from the share of the date crop of the cultivators of these
exempted gardens. He suggested, however, that if we wished
the matter to be examined further a chartered accountant from
the firm's branch at Basra could be employed to make &
preliminary study of the problem and to report whether he
considered that a thorough audit would yield the facts which
it was desired to ascertain. The exact cost could not be
forecast, but the accountant’s fee would be C7 a day and his
clerks/

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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' [‎248r] (500/592), British Library: India Office Records and Private Papers, IOR/R/15/5/149, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100082426558.0x000065> [accessed 9 June 2024]

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