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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.”