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'File 2/5 VI SHAIKH’S DATE GARDENS.' [‎125r] (254/412)

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The record is made up of 1 volume (202 folios). It was created in 22 Jan 1935-3 Mar 1936. 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. .

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a
’.o - 1
il
fl99!i
two Shaikhs own in Iraq.
Althoiigh the Acting Minister for Foreign Affairs,
who was also Minister of Justice, appeared to react favourably
to these proposals, 3ir Prancis Huaphrys was unable to pers
uade the Minister for Foreign Affairs, on his return from
deneva, to take any action in the matter. My own efforts
and the appeal which Mr. Kendel made to Kuri Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. in London
(see your oespatch No. 460 (E 4066/82/93) of July 4th last)
have been equally unavailing, it seems evident therefore
that the solution proposed in Sir Francis Huaphrys'a note
makes no greater appeal to the Iraqi Government than previous
suggestions and that there is little hope of their making
any real attempt to curry it out.
Meanwhile, a number of facts concerning the nature
oi the Shaikh of Kuwait’s title to his various estates have
been Drought to my notice, which have caused me some uneasi
ness regarding the merits of the proposals in question. It
would appear that there are three reasons for which the
Shaikh*s title to certain portions of his property is vulnerable
(i) A considerable area of his property consists of
land reclaimed from the Shatt-al-Arab during the last fifty
years. C nsequently the area of land registered in Tapu
is less than the area now cultivated and claimed by the
Shaikh. According to Iraqi law, the owner of land adjoin
ing such reclaimed land has the right to claim registration
of the reclaimed land in ¥apu on payment to the government
of its value in its original implanted state. But this
the Shaikh has not so far done.
(ii) In one of the suits now pending in the Courts, the
case of the plaintiff depends on what are known as "Taab"
rights. "Taab” rights can only be extinguished - usually
by/

About this item

Content

The volume contains correspondence related to the date gardens owned by the Shaikh of Kuwait, Aḥmad al-Jābir Āl Ṣabāḥ, in southern Iraq. In particular, the correspondence concerns the alleged intention of the Iraqi Government to expropriate a portion of the Shaikh of Kuwait’s property at Faw. The volume also concerns the service of judicial documents emanating from the Iraqi Government on the Shaikh of Kuwait in connection with his ownership of the gardens and the refusal of the Iraqi Ministry of Justice to recognise the Power of Attorney presented to them by the Shaikh of Kuwait’s lawyer in Basra, J Gabriel.

In the volume, British Officials discuss the failure of the Iraqi Government to validate the Shaikh’s title to his Faddaghiyya gardens, the Shaikh’s appointment of his son Muhammad as his attorney in Iraq, and the appointment of Abdul Jalil Partu as the Shaikh’s pleader in Basra instead of J Gabriel. The volume also includes correspondence related to the demands for customs duty by Iraqi customs authorities on Shaikh of Kuwait’s motor launch.

The main correspondence is between 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, the British Ambassador, Baghdad, Ministry of Foreign Affairs, Iraq, the Ruler of Kuwait, and the Foreign Office, London.

Extent and format
1 volume (202 folios)
Arrangement

The papers are arranged in approximate chronological order from the front to the rear of the volume.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the inside back cover with 204; 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.

A previous foliation sequence, which is also circled, has been superseded and therefore crossed out.

Written in
English and Arabic in Latin and Arabic script
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'File 2/5 VI SHAIKH’S DATE GARDENS.' [‎125r] (254/412), British Library: India Office Records and Private Papers, IOR/R/15/5/145, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100041934974.0x000037> [accessed 7 April 2025]

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