Page 137 - Gulf Precis (VI)_Neat
P. 137

Chapter V.                      ns

               82.  It appears from tho letter of tho Assistant Political Agent, Basrah, No.
            455, clatod 2Gih July 1892, that tho whole of the property which stood up to now
            in tho name of Llaji Embrahim-bin-Otliman, tho Agent of Ostnau Vydina, has
            been legally transferred by him in the Shera Court to Esmail.
               83.  This history of the proporty is important to nolo on account of tho
            difficulties which had to bo cleared lator on when tho Consulate house was
            purchased by tho British Government.

                         (c) History of the lease of the Building.
               84.  By an agreement, executed in August 1872, between Mr. P J. C. Rob­
                                          ertson, Her Majesty's Agent and Vice-
               A., General K., August 1883, Nos. 68-61.
                                          Consul at Basrah and the house-owner's
           agent, Haji Ibrahim-bin-Osman, the latter undertook to build the present Con­
            sulate house, and to let tho premises to Government “ during such time as the
            said Government may choose to retain them, in consideration of a yearly rent of
            Rs. (1,200) one thousand and two hundred, to be paid   quarterly in instul-
            meats of Us. (300) throe hundred each.”
               85.  In 1875 it occurred to llaji Ibrahim that he had made a bad bargain
                                          and that he could get more than Rs. 1,200
               A., General E., August 1883, No*. 68-C-l.
                                          as rent for the house. He therefore asked
            that the premises might be made over to him or that the rent might be raised,
            Mr, Hearn, the Government Solicitor at Bombay, was consulted, and he advised    i
            that from a strictly legal point of view the Haji was not entitled to any increase
            of rent, which was accordingly refused.
               86.  In 1878 the question of rent was again raised, and the Haji’s laywers
            threatened legal proceedings unless the house were vacated in six months. This
            time tho Bombay Government Solicitor was of opiniou that tho lease was not
            terminable by a notice to quit on the part of the lossor. The occupiers
            therefore declined to move out of the premises.
               87. In 1SS1 the Haji endeavoured to put the premises up to auction, but he
            was restrained from doing so. He then proposed to sell the house to Govern­
            ment for Rs. 40,000, or to raise tho rent from Rs. 100 to Rs. 40Q per mensem.   !
               8S. The matter having been referred for orders, Government considered it
            undesirable to continue, longer than was absolutely necessary, the arrangement
            under which the house was occupied; and requested the Officiating Political
            Resident, Turkish Arabia, to report (1) whether a suitable house could he hired
            on reasonable terms ; (2) if so, what would be the rent; and (3) if not* what
            would be the cost of building one.
               89-. In reply, the Political Resident, Mr. T. J. C Plowden, (1) proposed to
                                          continue in the present Consulate bouse
              A., General fc\, February 18S-1, No*. Q-16 A.
                                          (2) on payment of rent at Rs. 250 per
            men.sem,. with. elTect from 1st November 1883, 11*■ for ono year certain, with
            power to renew for a further period of six mouths at the same rate,” and (3)
            he reported that a suitable site and building would cost about Rs. 4-0,000.
               90.  The payment of rent at Rs. 250 per mensem was sanctioned temporarily,
            and tlie Political Uesident was authorised to negotiate for the purchase of a
           site and to arrange for building a house at a cost not exceeding Rs. 4-0,000.
               91.  In accordance with the orders passed, the Political Rosident at once en­
                                          tered into correspondence with the owner’s
               A., General E., March 16S1, Nos. 15*19.
                                          agent, and arranged to occupy the house
            at a monthly rent of Rs. 250, for a further period of 12 months from 1st
           January 18S i-; stipulating, however, that if the house were required for any
            longer period, a fresh agreement would bo made.
               92.  The Haji consented to the terms “ on the understanding that on expira­
            tion of the year there will he a new arrangement made on fresh conditions such
            as both parlies shall agree to at the time—with respect to re-lotting. Con­
            sequently the precious agreement made in tho year of 1871 in the name of
            Osman Ibn Abdul Wahid Muin.ani has become null and void, and   a new
            contract of lease should be drawn out in tho name of Haji Ali Ibn Abdul
            V abid Maimuiii to remain in force until the end of the present year.”
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