'Reports of administration for 1918 of divisions and districts of the occupied territories in Mesopotamia. Volume I' [‎130v] (265/470)

242
Buildings—
1. To Mohammedans -
2. To Jews - . - _
3. To Christians -
1917.
3,69,883
3,41,980
39,782J
1918.
11,03,375
12,80,014
2,59,300
Total - - - _
9,51,645^
26,42,669
1917.
1918.
Total value of agricultural land sold -
Total value of buildings sold -
29,31,730
9,31,645J
29,58,601
26,42,669 '
Grand total -
38,83,375J
56,01,270
Tapu Officer's Report .—I quote below from the report of the Tapu Officer.
A survey must be undertaken as soon as possible. The law is difficult to ascertain,
but the position in this respect will improve:—
“ There are certain matters which ought to receive attention at a very early
date if the work of land registration is ever to be satisfactory.
“ (A) The fundamental defect in the Tapu system is the lack of a survey.
Before the British occupation no survey operations were undertaken even in individual
transactions. Now an unconnected plan accompanies every Kashi report. But
even that plan is, to my mind, of little permanent value. It is impossible to identify
with accuracy the position and boundaries of any holding. Though a tapu sanad
is supposed to be final proof of title, title to a piece of land which cannot be accurately
localised is far from complete. The Turkish law provided for a survey, but it has
never been undertaken.
“(B) It has been frequently pointed out that the tapu registers are registers
of title to the neglect of actual possession. One important case has come to my
notice where a sanad was granted for part of a holding that had long been registered.
The new sanad was issued in Turkish times following on a Shar‘ah decree and a
decision of the Majlis Idarah, but the old sanad was never cancelled or amended.
“(C) In the absence of a survey too much depends on the Ilm wa Khabr of
the Mukhtar. Even when a kashf takes place the kashf clerk or officer has to depend
on the Mukhtar for very important information regarding the extent and boundaries
of the land in question. If a Mukhtar is corrupt, and the Turks had no very high
opinion of a Mukhtar’s honesty, his opportunity is almost unlimited.
(D) The method of sale of mortgaged lands by brokers is undoubtedly
unsatisfactory. Whether any better method can be introduced I am not prepared
to say; but prices are certainly low and dalals are not angels.
(E) No one at any rate in Basrah—appears to know what is the actual
tapu law. I have recently received from Baghdad a translation of a number of
new laws which are absolutely unknown to local tapu officials and the general public
in Basrah. Noi do I myself know whether these new Turkish laws are to be followed
or not.
( I) The question of wafq arises out of this question of the tapu law. A law
of 1329 actually states that wafq may be sold or mortgaged. That law strikes at
the very loot of waqf. Is it to be introduced among so religiously conservative
a people as the Shi ahs of ‘Iraq ? ” & J
Waqf. The religious endowments of the Sunni sect are under the control of
t le Assistant Political Officer, Basrah Sanjaq, management being in the hands of
Khan Sahib Muzaffar Shah, who has, to assist him on matters of principle, a com
mittee ot two imams and a Sunni lawyer.
(a) Turkish Corruption.-The Turkish Administration of waqf was notoriously
inefficient and many properties were encroached upon and many completely mis-
appropnated. Bribery was rampant and full revenue was never collected. A good
example of former practice is to be found in a lease of house property in ‘Ashar
which was given m the early days of our own administration to a local Mohammedan
o some m iience for an annual rent of Rs. 17,000/-. The lease will expire on 31st
March, and we then expect to obtain, by leasing each house separately, an annual