Page 108 - Historical Summaries (Persian Gulf - Vol II) 1907-1953

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heirs and immune from taxation. The history of His Majesty’s Governments
endeavours to fulfil this obligation down to 1928 is given in the Historical Summary
of Events for 1907 to 1928.(301) The further history of the case down to I943js
given in detail in a precis prepared by the Political Agent, Kuwait, in that year.(30J)
129. The properties covered by the 1914 declaration are stated to be as
follows: —
(i) A1 Farhawiyah. This was purchased by the Shaikh of Kuwait about 1870
before a Tapu Department was established.
(ii) A1 Mutawwah. This was acquired by purchase and registered in Tapu.
(iii) A1 Faddaghiyah. This was purchased by Shaikh Mubarak in 1908 from
the wife ol* Ahmad Pasha, who held a power of attorney from her for
the transaction. The Turkish authorities refused to register the
property unless Mubarak became a Turkish subject, which on His
Majesty’s Government’s advice he declined to do. In 1915 the British
Revenue Commissioner in Basra, on application being made to him.
registered the property in Mubarak’s name.
(iv) A1 Bashiyah. This, which is sometimes described as part of (iii) above,
was purchased by Mubarak in 1908 from Shafiqah the widow of
Ali Pasha, who sold it on her ov/n behalf and on behalf of her minor
children, the deed of sale being witnessed by numerous important
residents of Basra. In the case of this property aiso registration was
found to be impossible while the Turks remained in Iraq. In 1915 an
application v/as made to the British Revenue Commissioner in Basra
to have the position regularised but on the date fixed for the hearing I
of the case the vendor was seriously ill. She died shortly afterwards,
leaving five daughters and the property remained unregistered.
(v) A1 Fao. This was acquired by deed of gift from Rashad al Sa’adun.
(vi) Al Ujairawiyah. This was purchased by Mubarak in 1912 and registered
in Tapu in the name of his daughter Sharifah. This lady had just
married his nephew Saud, who was resident in Iraq, and Mubarak gave
the garden to her as a wedding gift. On her death without children
in about 1920 half the property reverted to the descendants of Mubarak.
Saud then married Mariam, another daughter of Mubarak, gave her
the other half of the property and, as the title deeds of it had been lost,
in 1929 registered the whole of it again in the name of Sharifah.(3U3) It
is not clear whether this garden can be regarded as having been in the
de facto possession of Mubarak in 1914.
130. A detailed description of these properties was furnished by the Political
Agent in 1934. He obtained the information from the Ruler, who stipulated that
none of it except that relating to the Faddaghiyah property should be divulged
to the Iraqi Government or any persons connected with it.(304) In 1948 the area of
the Mutawwah property (item ii) was reported to be 495 jaribs(303) and its value
about £87,000, the area of the Faddaghiyah property (item iii), including what was
left to the Ruler of the Bashiyah property (item iv), 909 jaribs and its value about
£150,000, and the area of the Fao property (item v) 6,964 jaribs and its value
about £1,100,000.(306) The area of the other two properties is small and the
Ujairawiyah one (item vi) was reported in 1934 to be only about 50 jaribs. There
is nothing on record about their value.
131. Up to the end of 1953 no dispute had arisen over items (i), (ii) and (vi)
of these properties. Litigation regarding the Bashiyah estate started in Iraq in
1930 and continued until 1943. As a result of it the Ruler was deprived of
180 out of 216 shares in the property. In 1948 he was asked by His Majesty’s
Government to submit a formal claim for compensation and he claimed £8,400
which was the price he had paid for the re-purchase of the shares lost by litigation.
This sum was paid to him and he furnished a formal discharge absolving His
Majesty’s Government for further liability in respect of the shares concemed(307)
(3#1) Paras. 44 and 45 at p. 83 of P.G. 13.
(3«) I.O. to F.O. Ext. 5644/43 of October 16. 1943 (E 6239/146/93).
(’”) T.O. to F.O. P.Z. 1172/35 of February 21. 1935 (E 1226/82/93 of 1935).
(”<) l.O. to F.O. P.Z. 7729/34 of December 21. 1934 (E 7639/274/93 of 1934).
(10*) 1 jarib = 2-471 acres.
(«•) P.R. to F.O. 172/5/49 of June 2. 1949 (E 7117/1083/91 of 1949).
(*") F.O. to P.R. Despatch 38 (E 8907/555/91) of August 31. 1948.
46639 o