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'File 2/5 I SHAIKH’S DATE GARDENS.' [121r] (246/320)
The record is made up of 1 file (156 folios). It was created in 10 Sep 1930-22 Dec 1932. 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
This transcription is created automatically. It may contain errors.
ever: in the case of Mulk land e.g« houses and small
gardens it is only allowed on conffition that the
foreigner submitted to the laws and courts of the
country and as regards Kiri land it was forbidden.
The Turkish attitude in this matter throughout has
been that no sale to foreigners will be allowed and
the Government Kamur was forbidden to allow this trans-
-fer. Under the orders of the Turkish Prime Minister,
however, they stretched a point as regards the known
attitude of the Shaikhs of Muhammerah and Kuwait towards
the Turkish State and offered to allow them to register
their sale if they admitted that they were Turkish sub-
-jects.
The Court of Appeal disposed of the first
appeal on the 9th of November 1931, and papers went back
to -Basrah and on the 14th of December the * Iraqi Vice-
-President fixed the 23rd of December for the rehearing.
Since the proceedings in this part of the case have been
attacked because no British judge sat, I must point out
that Mr. LLoyd was ^resident of the Basrah Court and was
in Basrah from 1 st of December. All British judges
know that they should sit if possible in foreigners' cases
and I cannot believe that any application was made to
Mr. L^oyd to sit in this case and must therefore presume
that the advocate Muhanned M a sfi Effendi and Abdul Aziz
Effendi Ai Salim A 1 Badar took no steps to draw the
attention of the British President to the case. I have
read the rt dhabt“ and it is quite clear that the following
points were raised in argument by the Shaikh of Kuwait’s
advocate.
(a) That in this case limitation ought to run under
section 144 schedule 1 the Indian Dimitation Act and
that the period has elapsed.
(b) If the Indian Limitation Act does not apply, limi-
-tation runs..
About this item
- Content
The file contains correspondence related to a court suit raised in Basra Court by Rafiyaa bint Ali al-Zuhair and other members of al-Zuhair family complaining against the Ruler of Kuwait. The suit in question concerns a portion of the Shaikh’s Faddaghiya estate on Shatt al-Arab, and the Bashiya land to which members of al-Zuhair family lay claim to. The Secretariat of the High Commissioner for Iraq passes the case to 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. , Kuwait, upon the request of the Iraq Ministry of Justice. In turn, 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. passes the case to the Shaikh of Kuwait and to 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. , Bushire.
The correspondence includes a report (ff 26-50) with full details related to the Shaikh’s Faddaghiya estate in Iraq, accompanied by two attachments. The first attachment includes communications with Abdul Aziz al-Salim Al-Badr, the Shaikh’s agent in Basra who provided the Agency An office of the East India Company and, later, of the British Raj, headed by an agent. with details of the way by which Faddaghiya estate had been bought by Shaikh Mubarak in 1908. The second attachment includes the correspondence with Mirza Muhammad, agent in Iraq to Shaikh Khaz'al, recommending two lawyers, Messrs Jacob Gabriel and Arteen, to help the Shaikh with the case. 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. , Kuwait, also sent two short histories of the Bashiya and Faddaghiya estates (ff 88-96) to 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. , Bushire. According to the reports, the Faddaghiya estate was owned by Aisha, wife of Ahmad Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. Al-Zuhair. Ahmad Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. sold the estate to Shaikh Mubarak of Kuwait although he did not hold a Power of Attorney from his wife at the time of the sale.
- Extent and format
- 1 file (156 folios)
- Arrangement
The papers are arranged in approximate chronological order from the front to the rear of the file.
- 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 158; 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 6-153; these numbers are also written in pencil, but are not circled.
- Written in
- English and Arabic in Latin and Arabic script View the complete information for this record
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'File 2/5 I SHAIKH’S DATE GARDENS.' [121r] (246/320), British Library: India Office Records and Private Papers, IOR/R/15/5/140, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100038758937.0x00002f> [accessed 1 April 2025]
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Copyright: How to use this content
- Reference
- IOR/R/15/5/140
- Title
- 'File 2/5 I SHAIKH’S DATE GARDENS.'
- Pages
- front, back, spine, edge, head, tail, front-i, 2r:7r, 9r:12v, 15r:20r, 22r:23v, 26r:35v, 47r, 48r, 49r:50r, 51r:52v, 57r:99v, 101r:101v, 103r:149v, 151r:157v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence