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File 2/5 XIV 'SHAIKH'S DATE GARDENS' [‎87r] (173/628)

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The record is made up of 1 file (310 folios). It was created in 6 Dec 1942-18 Nov 1943. It was written in English. 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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Telegram
From
To
Repeated
No.
Q.
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.
Politicsfl Resident, Bahrain.
H.B.M's Ambassador, Baghdad.
C/203.
Dated 2nd April 1943.
My telegram C/193 March 26th. Date Gardens.
Z I discussed these cases with Holt at the Embassy
Baghdad on March 29th and again after seeing Naznat al Farsi, with
whom I was very favourably impressed, on the 3 r th March.
3 ^ Nazrat al Farsi informed me that he thought an appeal
by the Shaikh's opponents to the Court of Cassation in the
Faddaghiya case was unlikely and if made would certainly fail.
He advised that the Shaikh should appeal in the Bashiya case to
the Court of Cassation and that should the appeal fail a suit for
the return of the original purchase money should be filed
irrmediately in Basra. He considered there was a very slight
chance of a successful appeal but a reasonable chance of the suit
for the return of the purchase money succeeding. (
He considered that even if the appeal was lost it
would have been worthwhile as the fact that His Highness had fought
for his rights to the highest Court would be of value in any
subsequent action for the return of the purchase money.
4 # I have made enquiries in Basra and have ascertained
from the Shaikh's agent and his legal adviser that the Bashiya
estate is unencumbered and I understand that it cannot be sold
or otherwise alienated for 45 days from March 22nd, the date of
the decision by the Court of Appeal, or until the final hearing
of Any appeal to the Court of Cassation which might be lodged by
the Shaikh during that period. ,
5.
I advise that
(a) Nasrat al Farsi be formally retained by His
Highness to defend any appeal in the

About this item

Content

This file is a continuation from IOR/R/15/5/152. It contains correspondence, memoranda and legal papers regarding lawsuits brought against the Shaikh of Kuwait [Aḥmad al-Jābir Āl Ṣabāḥ] by the heirs of the former owners of the Al Faddaghiyeh, Al Bashiyah and Al Fao properties, and efforts on behalf of the Shaikh to reclaim the properties. The papers discuss the progress of the various cases, appeals and hearings regarding the Faddaghiyah (eventually found in favour of the Shaikh), the Bashiyah (eventually found against the Shaikh) and the Fao (still ongoing by the closure of the file) properties.

The papers also discuss: the provision of legal advice for the Shaikh, following the appointment of the Advocate Nasarat al-Farisi as Iraqi Ambassador to Turkey; technical difficulties with Powers of Attorney granted to and by the Shaikh; the occupation of the Fao fish and meat markets by agents of the Fao Municipality; the rebellion of the Shaikh's fellaheen Arabic for ‘peasant’. It was used by British officials to refer to agricultural workers or to members of a social class employed primarily in agricultural labour. on the Fao estate, and their refusal to pay rents or gather the date harvest; the prohibition against the export of dates from Iraq to countries other than Kuwait without the prior agreement of the Date Board; and the potential compensation claim should the Shaikh lose ownership of any of the properties.

The file primarily consists of correspondence between 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. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , the Foreign Office, the 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. Political Department, 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. at Kuwait, and HM Ambassador to Iraq. It also contains copies of correspondence between the Shaikh of Kuwait (Shaikh Aḥmad al-Jābir Āl Ṣabāḥ), the Shaikh's son and acting representative in Basra (Shaikh Muḥammad Āl Ṣabāḥ), the Shaikh's secretary (Abdulla Mulla Saleh) and the Shaikh's lawyers (Sulaiman Faidhi, Nasrat al-Faresi, and Iskandar Mansur), as well as copies of outgoing letters to them.

The file contains the following legal documents (English translations unless otherwise stated):

  • Copy of the pleading submitted by Nasrat al-Faresi to the President of the First Court of Appeal of the Land Settlement Board, ff 59-76.
  • Document listing the various postponements to the Faddaghiyah case, providing dates and grounds for postponement, f 82.
  • Copy of the final decision of the Second Court for Land Settlement, Iraq, for the Faddaghiyah Estate, ff 101-102.
  • Power of Attorney documents, ff 108-109, 184-185.
  • Précis on all the diplomatic and legal proceedings regarding the Shaikh of Kuwait's date gardens since 1927, with index, ff 130-145.
  • Memorandum submitted by Nasrat al-Faresi to the Iraqi Court of Cassation regarding the Faddaghiyah Estate, ff 186-188.
  • Memorandum submitted by Iskandar Mansur to the Court of Cassation regarding the Faddaghiyah Estate, ff 191-192.
  • Various memoranda and documents of security submitted to the Iraqi Courts, ff 197-205.
  • Final decision of the Court of Cassation regarding the Faddaghiyah Estate, ff 290-291.

The correspondence is continued under reference IOR/R/15/5/154.

Extent and format
1 file (310 folios)
Arrangement

The papers are arranged in rough chronological order from the front to the rear of the file.

Physical characteristics

Foliation: the main foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the inside back cover with 312; 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. Three additional foliation sequences are also present in parallel between ff 1-311, ff 21-103, and ff 182-295; these numbers are also written in pencil, but are not circled.

Written in
English in Latin script
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File 2/5 XIV 'SHAIKH'S DATE GARDENS' [‎87r] (173/628), British Library: India Office Records and Private Papers, IOR/R/15/5/153, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100041943430.0x0000ae> [accessed 4 October 2024]

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