"ملف 53/11 XII (D 124) حدائق التمر المملوكة لشيخ الكويت في العراق" [ظ‎‎٥‎٨] (٤٢٦/١٣٣)

(c) Tapu land .shall he registered in the name of:
(i) the person in whose name it is recorded in the Tapu
Keg'isters •,
(ii) the person who produces documentary or other proof
justifying registration in his name.
M) Any miri land other than plots which are granted in Tapu
in one of the methods enumerated above, shall be dealt
with in accordance with the provisions of Article 11 below.
Article 11.—(a) The Settlement Officer shall grant Lazma, as defined in Law
Xo. 51 of 1982 in land of the category of Miri not granted
in Tapu' situated in areas to be specified by Special Regula
tion to the person who has enjoyed the usufruct of that
land or to his successor provided that it has been used in
a productive manner within the 15 years previous to date
of Settlement.
The pump owner shall normally be regarded as having
enjoyed the usufruct of land irrigated by his pump unless
it was cultivated before the installation of the pump and
within the 15 years prior to date of promulgation of this
law. In the latter case the Settlement Officer may take
cognisance of any agreement concerning this laud and also
of the area actually cultivated by those with interests there
in.
(h) If it is found by the Settlement Officer that land decreed
granted in lazma has been planted with trees not less than
40 per donum but for a period of less than 10 years prior
to the date of Settlement, he shall notify the Minister of
Finance of such plantation and of the date of plantation.
On the expiration of 10 years from the date of planta
tion. the lazma holder may apply to the Minister of Finance
and the land planted shall be granted to him in Tapu with
out bedl mithl provided that there still exist not less than
40 trees per donum.
(c) All miri land not granted in Tapu or granted in Lazma shall
be recorded as Miri Sirf land in the name of the Minister
of Finance.
Aiiicle 12. —(a) Rights appurtenant to the land, such as 4 Aqr. rio-hts of way
and of water-way and of drainage, shall be registered in
the names of such interested parties as bring forward
docunientary or other sufficient evidence of their existence.,
(/>) When in land of the category of Mulk, Waqf or Miri grantor"!
in Tapu, a claim is made to mugharissa rights, then the
Settlement Officer shall hear the claim and give a decision
and register it as set forth below : —
(i) If it is proven to the Settlement Officer that a mugharis
has fulfilled his obligations and undertakings in
accordance with the terms of a written agreement,
the Settlemeiit Officer shall give a decision as to
ownership of the land and trees thereon in accordance
with the terms of that agreement.
Recourse may be had to local custom to settle any
dispute arising out of the terms of an agreement,
(ii) If it is proved to the Settlement Officer by means of
documentary or other sufficient evidence that in part
or all of the trees in any plantation either ownership,
or usufruct with the knowledge and consent of the
landowner, has been established by a person by virtue
of mugharissa, the Settlement Officer shall determine
the rights of the parties in the land planted in accord
ance with such documentary and other evidence or
in accordance with local practice and custom and he
shall register his decision accordingly.
Article 13. —Boundaries shall be delimited and recorded as follows: —
(a) in accordance with the boundaries on which both parties agree
or which they both accept.
(h) if the boundaries are stated in a sanad or document to which
— recognition is accorded and they 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
can not be verified clearly on the ground then the area