AI en Translation, Pages 251-275
Page 251
Presidency of the Jewish Community
in Baghdad
Telephone No. { 3531 President
5452 Secretary
Ref. No. T/: 58/⟦...⟧
Subject:
Date: 12 / 10 / 1958
His Excellency the Official in Charge of French Interests
— Swiss Legation —
Greetings and Respect,
With reference to your letter No. B 72 dated 3 / 9 / 58 regarding the issuance of certificates
of marriage and birth for the persons mentioned in your above-referenced letter, this
Presidency previously contacted you by telephone ⟦line⟧ :
1 - Regarding providing us with the full names of the husband and wife to enable the issuance of the marriage certificates
accordingly.
2 - As for the issuance of birth certificates, we have declined because there are no specific records
regarding the birth dates of the members of our community, and we have not received your reply regarding the first paragraph, so please if
it is possible, provide us with what is required.
Please accept our highest respect.
Rabbi Sassoon Khedouri
Acting President of the Community
Page 252
Presidency of the Jewish Community
in Baghdad
3531 President )
5452 Secretary ) Telephone Number
Number: 58/T
Subject:
Date: 10/8/1958
His Excellency the Official in Charge of French Interests Respectfully
- Swiss Legation -
Greetings and respect
With reference to your letter numbered B 72 and dated 9/3/58 regarding the issuance of marriage
and birth certificates for the persons mentioned in your above-referenced letter, this Presidency has previously
contacted you by telephone.
1 - Regarding providing us with the full names of the husband and wife in order to be able to issue marriage certificates accordingly.
2 - As for the issuance of birth certificates, we have apologized for that due to the lack of special records
concerning the birth dates of the members of our community, and we have not received your reply regarding the first paragraph, so please if
you are able to provide what is required.
Please accept our highest respect
Rabbi Sassoon Khadhuri
Acting Head of the Community
⟦Basim Saleh⟧
Page 253
Presidency of the Israelite Community
in Baghdad
Telephone Number { 3531 President
5452 Secretary
Number: T / 58
Subject: ⟦line⟧
Date: ⟦line⟧
Excellency, Director General of Social Services
After greetings
Based on the expiration of your lease for the Al-Rashid shelter and the Alliance school shelter, and since
some refugee families are still residing in both shelters, please instruct them as a matter of
urgency to vacate the leased premises.
Please accept the assurances of my highest respect
Rabbi Sassoon Khadhuri
Acting President of the Community
Page 254
Presidency of the Israelite Community
in Baghdad
Telephone Number { 3531 President
5452 Secretary
Number: T / 58 / ⟦...⟧
Subject:
Date: 28 / 10 / 1958
⟦82⟧
His Excellency, Director of Land Registry Baghdad - Rusafa - Respectfully
After greetings
Please provide us with two copies of the properties sequence 246, 245, and 244 in the Ra's al-Qarya neighborhood
al-Qarya - Jami' Sharif - Baghdad.
And please accept our highest respect
Rabbi Sassoon Khadhuri
Acting Head of the Community
Land Registry
Page 255
Presidency of the Jewish Community
in Baghdad
3531 President }
5452 Secretary } Telephone Number
⟦8⟧
Number: T / 86 / 58
Subject:
Date: 29 / 10 / 1958
His Excellency the Director of Land Registry of Baghdad Governorate - Rusafa - Respectfully
⟦Outgoing⟧
Greetings,
Please provide us with a registration copy for each of the properties whose sequence numbers are listed below
and which belong to the Alliance School for Girls in the Taura neighborhood.
Please accept our highest respect.
Rabbi Sassoon Khadhuri
Acting President of the Community
⟦Telephone⟧
1 - Sequence 454 Permanent (327 A) {
2 - Sequence 513 { Taura neighborhood - Baghdad
Page 256
Presidency of the Committee
Administrative for the Israelite Community
Baghdad on ⟦line⟧
Permanent 1927
Serial 454
School of <del>⟦illegible⟧</del> the Torah, Baghdad
In the name of the Torah neighborhood register
⟦illegible⟧
Page 257
Presidency of the Israelite Community
in Baghdad
Telephone Number: 3531 / 5452
Number T/: 58/209
Date: 30 / 7 / 1958
Subject:
87
His Excellency the Minister of Finance, Respected
Greetings,
The monthly expenditure for the presidency of the community is approximately -/3000 dinars, spent as salaries for employees, staff, and teachers for schools and health institutions. Therefore, please kindly issue the necessary instructions to the Ottoman Bank, with which this community has current accounts, to cash the checks drawn upon it by the Administrative Committee for Iraqi Jews for the purpose of managing the community's affairs ⟦line⟧ .
Please accept the assurances of our highest respect,
Rabbi Sassoon Khedouri
Acting President of the Community
Page 258
Presidency of the Israelite Community
In Baghdad
Telephone No.: 3531 / 5452
No. T /: 58 / 59
Date: 30 / 7 / 1958
87
His Excellency the ⟦Honorable⟧ Minister of Finance
After greetings
The monthly expenditure of the Presidency of the Community is approximately -/3000 Dinars spent as salaries for officials, employees,
and teachers for schools and health institutions; therefore, please kindly issue the necessary instructions to the Ottoman Bank, which
this community has current accounts with, to honor the checks drawn upon it by the Administrative Committee for Iraqi Jews
for the purpose of managing the affairs of the community.
Please accept the expression of our highest respect
Rabbi Sassoon Khedouri
Acting President of the Community
Page 259
Presidency of the Jewish Community
in Baghdad
Telephone Number { 3531
5452
Number: T / 75 / 58
Date: 3 / 6 / 1958
Subject:
His Excellency the Director of Education for Baghdad Province - Respectable Center
Greetings,
With reference to your letter numbered 13127 and dated 28 / 5 / 1958, we list below the letter of the Trustee of the Menahem Salih
Daniel Endowments for your kind information.
Please accept our highest respect.
Rabbi Sassoon Khedhouri
Acting President of the Community
88
Adel
Copy to: -
Trustee of the Menahem Salih Daniel Endowments
Principal of Menahem Salih Daniel School
Copy of the Letter
Menahem Salih Daniel School
Baghdad on 3 / 6 / 1958
No. 477
His Excellency the Director of Education for Baghdad Province (The Center) Respectable
Greetings,
With reference to your letter numbered (33464) and dated 24 / 12 / 1957, the Trustee of the Menahem Salih
Daniel Endowments is Mr. Emil Salih Shalom, who is authorized to open the (Menahem Salih Daniel) school, and the Trustee is the one who handles
the financial and administrative affairs of the school and the correspondence is in his name, as for the certification of documents and certificates, they are certified by the school
Principal Miss Marie Taqouati.
We list below a sample of the signature of the Trustee Mr. Emil Salih Shalom and a sample of the signature of his deputy Mr. Edward Yaqub
and a sample of the signature of the school Principal.
Please accept our highest respect.
Trustee of the Menahem Salih Daniel Endowments
Emil Salih Shalom
Copy to: -
Presidency of the Respectable Jewish Community for kind information
Sample of the Trustee's signature | Sample of the Trustee's deputy's signature | Sample of the School Principal's signature
Emil Salih Shalom | Edward Yaqub | Marie Taqouati
Page 260
⟦To⟧ the Honorable Director of ⟦Education⟧ of Baghdad Province - Center
Greetings,
B-⟦Ad⟧ / 58 with reference to your letter No. 12127 and dated
We list below the letter from the Trustee of the Endowments of
Menahem Salih Daniel for your kind information
Please accept our highest respects
A copy of it to
1) Trustee of Menahem Daniel Endowments
2) Principal of Menahem Salih Daniel School
Page 261
Menahem S. Daniel's School
Menahem S. Daniel's School
42/233 H 2 Menahem Daniel Street - Sinak
233/42/ Senak
Telephone Number 6812
TELEPHONE 6812
Baghdad on: 3 / 6 / 1958
Baghdad:
Number 477
His Excellency, Director of Education of Baghdad Province (Center), Respected
Greetings,
With reference to your letter numbered (33464) and dated 2/12/1957, the trustee of the endowments of
Menahem Saleh Daniel is Mr. Emile Saleh Shlomo, who is licensed to open (Menahem Saleh Daniel) school, and
the trustee is the one who handles the school's financial and administrative affairs, and the correspondence is in his name, as for the certification
of documents and certificates, they are certified by the school's principal, Miss Mary Qanawati.
Below we provide a sample of the signature of the trustee Mr. Emile Saleh Shlomo, a sample of the signature of his deputy Mr. Edwar
Yaqoub, and a sample of the school principal's signature.
Please accept our respect.
⟦signature⟧
Trustee of Menahem Saleh Daniel Endowments
Emile Saleh Shlomo
Copy to:-
The Respected Presidency of the Israelite Community for your information
Sample of the Trustee's signature | Sample of the Trustee's Deputy signature | Sample of the Principal's signature
Emile Saleh Shlomo | Edwar Yaqoub | Mary Qanawati
⟦signature⟧ | ⟦signature⟧ | ⟦signature⟧
Page 262
Directorate of Education of Baghdad Province / Center
Private and Foreign Education
Very Urgent
Number /
Date 1958/5/
28
Presidency of the Jewish Community
Subject - Regarding the license of the Menahem Salih
Daniel Private School.
With reference to your letter No. T/27/58 dated 25/4/1958 addressed
to the trustee of the Menahem Salih Daniel endowments, a copy of which was sent to us.
We have not received to date any reply from the trustee of the Menahem Salih
Daniel endowments regarding what was stated in our circular No. 23264 dated 24/12/1957, despite the passage of
one month since the date of your aforementioned letter and our repeated reminders, from which it is evident to us
that the license of the Menahem Salih Daniel Private School has become illegal, which
prompts those responsible for it to not respond to what was mentioned in our aforementioned circular; therefore
we confirm to you that we will not hesitate to present the case of the mentioned school to the Ministry of Education
if we do not receive the requested information within one week - so please be informed and take
the necessary action.
⟦signature⟧
Director of Education of Baghdad Province
Center
A copy to:
General Directorate of Education / Private Education - for your kind information.
Private Education Personnel - for follow-up.
Administration of the Menahem Salih Daniel Private Primary School - for information and necessary action.
Rox / 28
Page 263
Presidency of the Jewish Community
in Baghdad
Number: T / 2 / 58
Date: 25 / 4 / 1958
Telephone Number: 3531 / 5452
Subject:
To -"
The Honorable Trustee of the Menahem Salih Daniel Endowments
Greetings,
We convey below a copy of the letter from the Baghdad Province Education Directorate - Center, No. 9762 dated 15 / 4 / 1958.
Please respond as quickly as possible and inform us.
Respectfully yours,
On behalf of
Rabbi Sassoon Khadhuri
Acting President of the Community
A copy to -"
Baghdad Province Education Directorate - Center - with reference to their letter mentioned above
Administration of the Gan Menahem Daniel School - to take necessary action
Copy of the Letter
Baghdad Province Education Directorate | Number -" 9762
Private and Foreign Education | Date -" 15 / 4 / 1958
Very Urgent
To -"
The Honorable Presidency of the Jewish Community
Subject -" Regarding the Trustee of the Menahem Salih Daniel Endowments.
Despite the passage of four months since our circular No. 23264 dated 24 / 12 / 1957 and its confirmation three times by our letters
numbered 41344, 44594, and 7656 dated 13 / 1 / 1958, 6 / 2 / 58, and 20 / 3 / 58, we have not received any response from the Trustee of the
Menahem Salih Daniel Endowments, who are licensed to open the private Menahem Salih Daniel School, regarding what was stated in our aforementioned circular. This is not without
two possibilities: either the two mentioned individuals are not currently present in Iraq, or they are not answering for fear of closing the school
and canceling its license. Otherwise, there is no justification for their delay in sending the required response. Therefore, we hope you will notify us of the matter in order to take
the necessary steps in this regard.
Director of Education of Baghdad Province
The Center
A copy to -"
General Directorate of Education - Private and Foreign Education - for your information
Private Education Personnel Office - for inspection
Trustee of the Menahem Salih Daniel Endowments | For information and necessary action
Administration of the Menahem Salih Daniel Private School
89
Page 264
Directorate of Education, Baghdad Liwa - Center
Private Education
and Foreign
No. -
Date - 1958/4/⟦15⟧
Very Urgent
To -
Presidency of the Jewish Community
Subject: - Concerning the trustees of the Menahem Salih Daniel Endowments
Despite the passing of four months since our circular numbered 33264 and dated
1957/12/24 and its confirmation three times by our letters numbered
1344, 4594, 7656 dated 1/13, 2/13, 3/20/58
We have not received any reply from the trustees of the Menahem Salih Daniel Endowments, who are licensed
to open the Menahem Salih Daniel Private School, regarding what was stated in our circular
aforementioned. This cannot be one of two things: either the two mentioned individuals
are not currently present in Iraq, or they are not responding to it out of fear
of closing the school and canceling its license. Otherwise, there is no justification for their delay
in sending the required response. Therefore, we request you to clarify the matter to us in order to
take the necessary action in this regard.
Director of Education, Baghdad Liwa
Center
A copy of it to: -
Directorate of General Education - Private and Foreign Education
For your kind information
Personnel of Private Education - for follow-up
Trustees of the Menahem Salih Daniel Endowments (For information and to take
Administration of the Menahem Salih Daniel Private School) the necessary action
Al-Tamimi / 14
Page 265
Urgent
Presidency of the Jewish Community
In Baghdad
Telephone Number: 3531 / 5452
Number: 77
Date: 17 / 9 / 1958
Subject: Removal of telephone wires
To the Honorable Director of Central Telephones
Greetings and Respect
The Mayoralty of the Capital notified us in its letter No. 19952 dated
14 / 9 / 1958, delivered to us on 17 / 9 / 1958, of the necessity to demolish the
overlooking shops in property door number 78 / 127 located in Al-Tawrat neighborhood within
three days from the date of our notification. Since there are telephone installations on the mentioned property,
please order their removal. Please accept our highest respect.
Rabbi Sassoon Khedhouri
Acting President of the Community
⟦illegible⟧
91
Page 266
Presidency of the Jewish Community
in Baghdad
Telephone Number ⟦line⟧ 3531 President
5452 Secretary
Number: T / 782 / 57
Date: 1 / 11 / 1957
Subject: Shop 29 / A / 138 Tauraat
His Excellency the Secretary General for the Supervision and Administration of the Property of Jews Divested of
Iraqi Citizenship, Respected
Greetings,
With reference to your letter numbered A / 29516 and dated 30 / 10 / 57, the aforementioned shop
is unofficially subdivided from property sequence 513 Tabu, Tauraat Quarter, under entry 415 and dated
February of the year 302 Basic Buqlama, and it is an endowment from the endowments of this Presidency as explained in the mentioned deed
and we shall proceed with re-registering it in the Tabu as stated in the letter of the Baghdad Tabu Directorate numbered 2011
and dated 25 / 2 / 1957.
Please accept our highest respects.
Rabbi Sassoon Khedouri
Acting President of the Community
as
Page 267
General Secretariat
for the Supervision and Management of the Property of Jews
Whose Iraqi Citizenship Has Been Revoked
Secretariat - Immovable Property
Rents
No. A/14
Date 10/1/1957
To:-
The Israelite Community
Subject - Statement No. 138/62
Al-Torah Quarter
We reiterate our letter No. 29406 dated 12/20/956
and we request the submission of documents supporting the ruling of disposal of the aforementioned shop
and we hope you do not force us to reiterate our letter again as it has already been reiterated
numerous times.
General Secretary
Copy to:-
Department of Rights and Commercial Affairs - with reference to your letter No.
23822 dated 10/21/56 and for your information.
Lawyer Mr. Yaqub Abdul Aziz - Please follow up on the letter
and inform us.
Secretariat of Immovable Property Inspection - for information.
House Follow-up Committee - for investigation, please.
The Inspection Commission for Immovable Property - with reference to the first
paragraph of your report No. 28785
dated 10/23/957 for information
Rent Supervisor.
⟦illegible⟧
No. 49
Page 268
His Excellency the President of the Jewish Community in Baghdad
Greetings,
With reference to your letter numbered 7454 dated
28 / 7 / 58 under file number 145 / 58
Please grant your approval to pay the mentioned amount
⟦totaling⟧ 3262/971 in four installments
provided that the first installment is paid on the morning of ⟦...⟧
The first installment, amounting to 1000 Dinars, to be paid on
28 / 7 / 58
The second installment, amounting to 1000 Dinars, to be paid on
28 / 8 / 58
The third installment, amounting to 1000 Dinars, to be paid on
28 / 9 / 58
The fourth installment, amounting to 262/971 Dinars, to be paid
on 28 / 10 / 58
As I do not currently have the capability
to pay the amount in full, and to you ⟦...⟧
Page 269
Iraqi Government
Baghdad Execution Presidency
<del>Al-Rusafa</del>
T - N - 16
Please refer to the
file number with the
outbound number when replying
Hijri Date: <del>1377/12/15</del>
Gregorian Date: <del>58/7/14</del>
File Number: 58/1405
Outbound Number:
To: Ministry of Health
Subject - Debt collection pursuant to the Law for Collection of Debts Owed to the State
Your letter No. 20080 dated 58/7/2
The amount required to be collected from the Presidency of the Jewish Community has already been executed in executive file No. 58/1405
And executive procedures are still ongoing to collect the amount of (2662/971) Dinars including fees from the Presidency of
The Jewish Community, we will inform you upon receipt by us, with appreciation
Chief of Baghdad-Rusafa Execution
⟦signature⟧
A copy thereof to the Directorate of General Accounts - (Inspection) - with reference to its letter No. 12279 dated
58/6/21 and the letter from the Ministry of Health
referred to above for information
A copy thereof to the Presidency of the Jewish Community in Baghdad - following up on our letter No. 7262 dated
58/7/14 please expedite sending the amount
mentioned above, totaling (2662/971) Dinars
including fees to the account of the Ministry of Health's debt
in this department according to the accounting details shown
below
Details of amounts | Principal debt | 2400/241
Community fee with accounting error correction fee | | 102/412
Legal fees from civil and appellate cases | | 54/000
Judgment execution fee in the Execution Department | | 106/318
The total collected in the Execution Department precedes ⟦...⟧ on the total amounts | |
Grand Total | | 2662/971
Baghdad Execution Presidency
Execution Officer
Khalid Murad
Baghdad Execution Presidency
Page 270
Your Excellency the President
The Ministry of Health has filed a lawsuit
requesting expropriation in the amount of 7400/311 Dinars
representing the rent values previously paid by the Ministry of Health
for the hospital's rent prior to expropriation. And
we requested the court to conduct an inspection of the documents
and the building, but the judge did not agree, so the
result was the dismissal of the case, and I requested that ⟦...⟧
⟦...⟧ was the appellate judgment
that the Ministry of Health [pay] the amount, and the leadership of the
sect decided to file a lawsuit regarding the properties that were not included
in the expropriation ⟦...⟧ and since the lawyer found no
benefit in the appeal, he requested to file a lawsuit
to return the materials that were expropriated ⟦...⟧ or which
were brought into ⟦...⟧
As the Ministry of Health has submitted to you
an objection, which is the payment of an amount for the hospital's
depreciation and the refund of what the Ministry of Health paid
as depreciation
The date of the case in
the court in the papers and its liquidation on the papers
⟦...⟧ 4/28 ⟦...⟧
The Lawyer
⟦...⟧
Page 271
A D - 3
Iraqi Government
Baghdad Execution Department
Regular
Notice of Execution
Case Number: 1405 / 58
Judgment Creditor: Ministry of Health
Judgment Debtor: Head of the Jewish Community - in his official capacity
Execution has been requested for the judgment paragraph obtained against you by the judgment creditor ⟦Ministry of Health⟧
regarding ⟦the debt⟧ and the collection of the amount detailed below pursuant to the judgment issued on 2 / 7 / 1957
under number 591 / 57 from the ⟦Baghdad Court of First Instance⟧ and the necessary legal procedures have been taken in this regard, so we notify you
hereby to execute the aforementioned judgment within (eight days) voluntarily, otherwise it will be executed forcibly by seizing your movable and other assets
and selling them to satisfy the required amount. 22 / 12 / 58
Regular Baghdad Execution Officer
Farhan Abdul Karim
Fils | Dinar | Details of required amounts
240 | 241 | Principal debt
212 | 12 | Court fees
540 | 3 | Attorney fees
500 | - | Registration fee
492 | 257 | Total
718 | 18 | Execution fees (if the amount is not paid within 48 hours)
210 | 276 | Total
I was notified of this warning and received the first copy of it and left
the second signed by me on ⟦...⟧ year 195
Signature of the Judgment Debtor
I notified the judgment debtor on ⟦...⟧ year 195 and handed him the first copy and kept the second signed by him
Signature of the Process Server
Page 272
Baghdad District Court of Appeal
Case Number S / 957/111
Continued on page 2
Appeal - Due to the lack of conviction of the appellant's attorney (the defendant) with the aforementioned judgment, he appealed it to this court
requesting its review and annulment and charging the appellee for the costs and fees for reasons cited in his appellate brief, including that
the property that was expropriated by the plaintiff (the appellee), Meir Elias Hospital and the houses attached to it, had incurred
obligations prior to its expropriation, and the rule in the valuation of immovable property upon its expropriation is to observe it in terms of location,
eastward orientation, and the obligations incurred upon it. Since that was done by the valuation committee and the committee took into account
the benefits that the owner received in advance before the expropriation of his property ⟦line⟧ and calculated them from the general value, the expropriator has no right to claim
against the expropriated party for the difference in rent amounts.
Appellate Brief - Accordingly, the two parties were summoned to court, and their attorneys, Abdul Rahman Zaidan
on behalf of the appellant and Mahdi Qasim Kubba on behalf of the appellee, attended. It was found that the appeal was submitted within its legal period, so it was decided to accept it in form,
and the pleading commenced in person and in public. The appellant's attorney stated that the Court of First Instance did not address our request to conduct a set-off between the claim
of the appellee and the entitlements of the appellant, which were not included in the expropriation. The appellee's attorney replied that the Court
of First Instance had addressed the set-off in its decision and rejected it and gave him the right to file an independent lawsuit regarding it and requested the rejection of the appellant's request.
The two parties repeated their statements - and since nothing remained to be said, the conclusion of the trial was announced.
- The Decision -
Upon review and deliberation: It appeared that the appellant's objections to the initial judgment were limited to two points. The first point is that
the valuation committee that appraised the property expropriated by the appellee, which is Meir Elias Hospital and the houses attached to it, took
into consideration during the valuation all the benefits and calculated them from the general value, and therefore the appellee has no right to claim the difference in
rent amounts. The second point is that he requested a set-off for the values of materials that were not included in the valuation, but his request was not met.
Upon reviewing the two mentioned points, it was found regarding the first point that the two parties had mutually certified the lease contracts
and the transfer of ownership of the leased property to the appellee through expropriation during the lease period and the receipt of rent amounts by the appellant
in advance and beforehand for a full year. Therefore, the court found that the appellee has the right to claim against the appellant for the difference in rent amounts
from the date the ownership of the leased property was transferred to him. Especially since the written lease contract signed by the two parties included a condition that the
appellant would return from the paid rent an amount equivalent to the remainder of the lease term in the event that the expropriation process was finalized before
the end of the lease contract term. As for the second point regarding the request for a set-off for the values of materials that the appellant claimed
were not included in the valuation when conducting the expropriation process, the court did not find it valid either after the
Court of First Instance gave him the choice to file an independent lawsuit regarding it. Accordingly, the initial judgment becomes in accordance with the law; it was decided to uphold it and reject the
appellate objections and charge the appellant the costs of the appeal and the attorney's fees for the appellee's attorney, amounting to eighteen dinars for two sessions in which
the pleading took place, with (11/250) dinars as fees for drafting the briefs. The decision was issued unanimously, in person, subject to cassation, and announced
publicly on 12/12/1957.
Expenses | Fils / Dinar
Appeal Fee | 010 / 102
Notification and stamp fees from the appellee | 200 / 000
One hundred and two dinars and two hundred and ten fils | 210 / 102
First Clerk
Mahdi Saleh
True copy
⟦illegible⟧
Page 273
Form No. (3)
Baghdad Regional Court of Appeals
File Number: S / 711 / 1957
Announcement Number: ( 167 )
Appellant (Defendant): - Head of the Jewish Community in his official capacity, represented by attorneys Mr. Jamil Al-Orfahli and Mr. Abd al-Rahman Zaidan
Appellee (Plaintiff): - Minister of Health in his official capacity - represented by attorney Mr. Mahdi Qasir Kubba
Type of Case: ( Request ) -
Date of notification of the (Initial) announcement: - 21 / 7 / 1957
Date of submission of the appellate brief: - 5 / 8 / 1957
The Baghdad Regional Court of Appeals was formed on 12 / 12 / 1957 presided over by Mr. Hussain Muhyi al-Din
and with the membership of Mr. Hafidh Khalid and Mr. Diya Sheet, authorized to adjudicate in the name of
His Majesty the King of Iraq, and issued its following ruling:-
The Case - The attorney for the plaintiff (Appellee) claimed before the Baghdad Court of First Instance that his client had
leased the hospital known as Mir Elias Hospital from the administration of the Jewish Community for a sum of seven thousand
dinars starting from 25 / 10 / 1955 for a full year, then he expropriated it after that and its ownership was transferred to him on
5 / 5 / 1956, and that his client had paid the rent for a full year ending on 24 / 10 / 1956, and since
ownership had transferred to him on 5 / 5 / 1956, there remained in the liability of the Jewish Community administration an amount of (3308.743)
dinars, which is the difference for the period from 5 / 5 / 1956 to 24 / 10 / 1956. He stated that there is an annex
to this hospital included in the expropriation, which is the house leased to the Traffic Police for a period of one year from
17 / 6 / 1955 to 16 / 6 / 1956 for an annual rent of (375) dinars, so the required amount is
(44.557) dinars for the period from 5 / 5 / 1956 to 16 / 6 / 1956, and a house leased to Dr.
Tukkar for an amount of (200) two hundred dinars annually from 1 / 11 / 1955 until 31 / 10 / 1956 and it was vacated
on 31 / 7 / 1956, so the required amount for the period from 5 / 5 / 1956 until 31 / 7 / 1956 is (47.541)
dinars. There is another house that the Jewish Community used as a warehouse, similar to the house leased to the
Traffic Police department in terms of its facilities and size; therefore, the rent was considered similar to the mentioned house, i.e., (375) dinars
annually, and it was vacated by the Jewish Community on 28 / 8 / 1956. So the required amount for it
from 5 / 5 / 1956 until 28 / 8 / 1956 is (118.852) dinars. He requested a ruling for his client for the total
rent differences owed by the defendant amounting to (3519.693) dinars, and to charge him the costs
and fees.
The Initial Ruling - The aforementioned court issued on 4 / 7 / 1957 under file number 1591 / 57
an in-person ruling obligating the defendant in his official capacity to pay the plaintiff in his official capacity an amount
of (3400.341) three thousand four hundred dinars and three hundred and forty-one fils. And rejected the claim
regarding the excess related to the house occupied by the Jewish Community, and the plaintiff has the right to file
an independent lawsuit regarding the claim for fair rent. And also giving the defendant the right to file an independent lawsuit against the plaintiff
regarding what he claims as the values of materials mentioned in the Community's letter number T / 7820 / 57 dated 4 / 2 / 1957
to prove them, as well as the tax difference, and charging the defendant relative court costs and fees.
True Copy
Baghdad Regional Court of Appeals
Baghdad
First Clerk
- Continued on p. 2 -
Page 274
Jamil Al-Orfali
Attorney
Telephone { Office 6349
Residence 7264
His Eminence the Honorable Hacham Bashi
I have the honor to present to your eminence, in my capacity as an attorney for ⟦...⟧
to the Jewish Community in Baghdad the appeal ⟦...⟧
issued by the Court of Appeal for Personal Status Matters ⟦...⟧
which rules to annul the decision of that court dated ⟦...⟧
and the decision of the Jewish Debt Audit Committee ⟦...⟧
⟦...⟧ (2000) Dinars ⟦...⟧
⟦...⟧ in the court's decision ⟦...⟧
⟦...⟧ Baghdad Land Registry ⟦...⟧
⟦...⟧
⟦...⟧
In accordance with Article ⟦...⟧ of the Law of the Jewish Community, and the Court of Appeal
for Personal Status Matters in ⟦...⟧ on the day mentioned above has annulled the decision ⟦...⟧
(781 / 955) and accordingly dismissed the claim for the increase, but decided to grant the Rabbinate
the right to file an independent lawsuit against the Ministry regarding the mentioned debt and stated in the grounds
for the judgment that it is ⟦...⟧ Article ⟦...⟧ of the Law of the Jewish Community ⟦...⟧
⟦...⟧ decision of the court of ⟦...⟧
⟦...⟧ with the Ministry of Finance ⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
Attorney
Jamil Al-Orfali
⟦illegible stamp⟧
4 / 7
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Iraqi Government
Presidency of Execution ⟦line⟧
T - N - ⟦١٦⟧
Please refer to the
file number and the
outgoing number in the reply
Hijri Date:
Gregorian Date: ⟦1958/8/8⟧
File Number:
Outgoing Number:
⟦illegible⟧
⟦...⟧ to ⟦...⟧ school ⟦...⟧
⟦illegible⟧
Head of Execution ⟦...⟧
⟦...⟧
⟦illegible circular stamp⟧