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'File 2/5 I SHAIKH’S DATE GARDENS.' [127r] (258/320)
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.
conditions surrounding this case. In this matter the Iraq
Government stands in the shoes of the Turkish Government.
The same objection to foreigners holding Mird land prevails.
The Turkish view is confirmed by the Courts was that this
transaction is null and void but the Mamur of Tapu would,
on behalf of the Government, allow registration, as the
sellers agreed, on condition that the purchaser declared
himself to be a Turkish subject. I do not see that any
political consideration can possibly destroy the legal results
of such failure to register.
The Law as to limitation laid down under section 1674 of the
Majelle is peculiar to English ideas but to me it seems
logical.
There have been many different decisions as regards necessity
or non*necessity of registering land in different parts of
Iraq but I am of the opinion that as far as the transactions
in land at Basrah is concerned section 36 of the Land Law
certainly applied as to permission of Mamur Tapu and since
the Irada Saniyah of 1318 there have been many decisions
insisting that asles must be registered or they have no
validity. The first part of section 1 of Law to dispose
of Immovable Property 1329 lays this down and applies in
Iraq according to many decisions. The Unregistered Sales
Confirmation Proclamation 1919 affirms this in its pBBamble,
24 . Generally, I am of the opinion that, even if the
omission to inform me of the case was intentional, the
grounds given by the Court of Cassation will be accepted by
the Iraq Government as being valid grounds for determining
this claim and unless there is some treaty obligation I do
not think that the Iraq Government will admit any liability.
The argument may be expressed as follows
Minor Children are not bound until they reach majority.
They may take any legal steps to recover what they think is
their patrimony. The sale by ancestor of plaintixf is
null
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.' [127r] (258/320), British Library: India Office Records and Private Papers, IOR/R/15/5/140, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100038758937.0x00003b> [accessed 5 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