'File 2/5 VI SHAIKH’S DATE GARDENS.' [‎126r] (256/412)

'by a noney payment — by an agreement made between the “ Taabin ** —
txie person who actually first planted the date trees — and the
owner of the land* They cannot be extinguished by merely
securing the registration of the land in the name of the Shaikh*
The Shaikh has made private arrangements with many o** the
" tehbirf on his Faddaghiyah property, but not with all of them.
There is a possibility of actions being brought against the
Shaikh by those tnabin ** on the Feddaghlyah estate with whom
settlement has not been made, and still more by the "taabin” of
the Fao estate, which has never been registered in Tapn at all.
On ti;is estate the w taabin 1 * are actually still cultivating the
estate.
(lii) Upon the death of a Tsui holder the land devolves
on his heirs in the prooortions laid down in the Land Code.
The Faddaghiyah lands are registered in the names of shaikh
Mubarak v s sons, of whom one was t e father of the present
Shaikh. Any of the present Shaikh’s uncles or any brother
or sister of the Shaikh might, there ‘ore, ask for the land
to be partitioned, and bring an action in the Courts for his
share of the revenues.
4. In these circumstances it seems that little would be
achieved by the isaue to the Shaikh of a nroper Tapu Bnnad in
respect of his Faddaghiyah estate, which, as you are aware "rom
paragraph 2 of Sir Francis Hymphrys’s despatch No.64, is the
means by which it if proposed that the Shaikh’s title to the
Faddaghiyeh estate should be made legal y sound and unassailable.
Even though the Shaikh were in possession of such a gna d, his
title to parts of the Faddaghiyah estate itself would not be
immune from challenge by such of the f1 ta bln” with whom he has
not reached a settlement. The validity of his title to hie
other estates would, o course, not be affected and it now seems
that it is far more open to challenge tha was thought probable,
when the proposals now under consideration by the Iraqi
Govern ent were submitted to t .em. It is true taet, if the
Bhaikh/