Rental Agreements, Lawyer Appointment, Administrative Committee for Iraqi Jews
View interactive document pageThese are legal documents from the Administrative Committee for Iraqi Jews that contain rental agreements and an appointment of a lawyer to represent the organization.
The Iraqi Government The Court of Cassation of Iraq Baghdad Source and Number of the Appealed Decision Case Number: / Juridical / : Appellant: His Attorney: Appellee: His Attorney: Date of filing the Cassation Summons: Date of arrival of the papers: Date of the Court of Cassation decision: Judge's Name: Government Press 1177 / 11 / 1952
⟦illegible⟧ Investment Lease Contract First Party - ⟦illegible⟧ The Israeli Council in Baghdad in addition to his position. Second Party - ⟦illegible⟧ Agreement has been reached between the first party, called the Lessor, and the second party, called the Lessee, on the following: First - The Lessor has leased to the Lessee, and the latter has leased from the Lessor after viewing and inspecting, the vacant plot with Tapu sequence 30, located in the Al-Koolat district, which is under the management of Meir Elias Hospital in Baghdad, for a period of thirty years starting from the date 12/3/1948 until the date 12/3/1978 for a rental amount of -/5760 (five thousand seven hundred and sixty Dinars). Second - The Lessee is obligated to pay the rent to the Lessor in thirty annual installments, each amounting to -/192 (one hundred and ninety-two Dinars), to be paid on the first day of each lease year starting from the date of ratification of this contract before the Notary Public. Third - In addition to the aforementioned rent, the Lessee must construct on the mentioned plot the buildings he requires from his own private funds, provided that the expenses are not less than the amount of -/3430 Dinars (three thousand four hundred and thirty Dinars) according to the experts' estimation. Fourth - The Lessee must commence the construction of the buildings he needs according to municipal regulations immediately after the ratification of this contract before the Notary Public, provided that he completes this construction within a period not exceeding two years from the date of ratification of this contract. If the period ends and he hasn't done so, the Lessor has the option to consider this contract revoked, and the Lessee shall then be liable to pay compensation equal to ⟦illegible⟧ half of the amount designated for construction, which is stated in paragraph three above, in addition to the rental payments that may be due until evacuation, without the need for prior notice or filing a lawsuit by the Lessor or his successor in office. Fifth - The Lessee may not transfer the lease of the mentioned plot to another person without the Lessor's written consent, and this does not prejudice the Lessee's right to utilize the plot within the lease period and to lease the buildings he constructs to whomever he wishes according to customary procedures. Sixth - The Lessee must not neglect the maintenance of the building during the lease period and must ⟦not⟧ demolish it in whole or in part. If it is necessary to demolish a part of it due to technical necessity or need, he must reconstruct that part with an amount not less than its original cost. Seventh - Upon the expiration of the lease period, the Lessee must hand over the plot with the building constructed on it and all its appurtenances to the Lessor or his successor in office in a condition suitable for utilization, considering it as property belonging to Meir Elias Hospital in Baghdad, and the Lessee shall have no right at that time to claim anything whatsoever. Eighth - The Lessee shall pay the fees, taxes, and charges imposed by the laws in force and those determined by the government in the future on the building and the plot, including property tax, paving fees, other municipal fees, as well as water and electricity charges. Ninth - Based on the above, agreement was reached between the two contracting parties through offer and acceptance, and the Lessee has taken possession of the plot mentioned ⟦according to⟧ the mentioned conditions. Ends ⟦illegible⟧ ⟦illegible⟧
⟦...⟧ the lessee took the original and the lessor kept the copy. The Lessee Mr. Ahmed Al-Salloum and Abdul Hadi Al-Hajj Faraj Hamza Architect from Al-Alwiya neighborhood, Al-Alwiya neighborhood Signature The Lessor Eliyahu Hayyim Tawfiq President of the Jewish Lay Council in Baghdad In addition to his position Signature Notary Public of East Baghdad: Fee: ⟦...⟧ General Number: 832 Fils Dinar: 7 / 500 Special Number: 374 Page: 361 Sequence: 45 Date: 13 / 3 / 1948 Witnesses of Identification Salman Shaoul, Private Clerk | Salim Khabbaza, Secretary From Sit Hadia neighborhood, Community | From Taht al-Takiya neighborhood Signature | Signature Salman Shaoul | Salim Khabbaza I certify that the signatures signed at the bottom of this contract are the signature of the first party, Mr. Eliyahu Hayyim Tawfiq, President of the Jewish Lay Council in Baghdad, and the signature of the second party, Mr. Ahmed Al-Salloum and Abdul Hadi Al-Hajj Faraj Hamza, whose identities have been identified to me by the identification witnesses. I have read the contents to them, so they acknowledged its wording literally and signed it before me on the thirteenth day of the month of March in the year 1948. Notary Public Office ⟦...⟧ General Number 11166 Date 12 / 4 / 55 Notary Public of East Baghdad Stamp of the Notary Public Ghazi ⟦...⟧ This copy was issued from ⟦...⟧ issued by the Notary Public of East Baghdad on 12 / 4 / 948 and Number 832, and it is exactly identical to its original on 12 / 4 / 955 On behalf of the Notary Public 50 Fils 12 / 4 / ⟦...⟧ Notary Public of North Baghdad Ali Al-Hulaibi
Jamil Al-Orfahli
Lawyer
Telephone { Office 61
Residence 7264
Baghdad - Al-Rashid Street
-- General Power of Attorney --
I, the undersigned, Rabbi Sasson Khedhouri, in my capacity as acting head of the Jewish community and in addition to my position,
have appointed His Excellency Mr. Jamil Al-Orfahli to initiate lawsuits regarding the expropriation of Meir Elias Hospital
and its annexes, buildings, and its plots registered in the Tabu (land registry) and the unregistered ones, including plots sequence Tabu 1/137,
138, 1/2/137, 2/2/137, and 177 Al-Kurd district sequence 148. I have authorized him to enter into all
lawsuits involving these plots, whether as a single plot or otherwise. He has the right to approach the Tabu departments,
settlement committees, and their appellate courts, to litigate and defend, via settlement, first instance, appeal, cassation, in person or in absentia, as a plaintiff,
defendant, third party, objector, or objector to a third-party objection, and to seek dismissal of the lawsuit, correction, original or incidental third-party objection,
and to file complaints against judges, challenge them, determine jurisdiction, authority, and function, and request the transfer of lawsuits from the court to the administration and vice versa,
or to another court, and to follow up on the matters of these lawsuits in all committees, councils, and official and semi-official bodies,
and semi-official. I have authorized him to serve and receive notice, to administer and take oaths, to object, appeal, cassate, select experts, and request
judgment in absentia, present evidence and discuss it, challenge it, witnesses, experts, and arbitrators, and to claim compensations
and indemnities, and to submit petitions, pleadings, and applications under his signature, to issue warnings, to take court orders and execute them, and to appoint whom
he wishes for all or part of what he is authorized for and to dismiss them repeatedly. In summary, he is a general attorney in all existing or
future lawsuits regarding the aforementioned plots and the Meir Elias Hospital with all its buildings, structures, annexes, and the plots belonging to it
which have not yet been registered ⟦legally⟧, and upon this I have signed.
Signature
Rabbi Sasson Khedhouri
Acting Head of the Community
⟦illegible⟧
Notary Public
First Southern Baghdad Notary Public Office
Fils Dinar
500 / Copy
219
Register Number
Date 16 / 1 / 955
Based on the request submitted to me, I went to the headquarters of the Jewish
community in Baghdad located in the community leadership building numbered
1116 / 955. At that time, Rabbi Sasson Khedhouri, whose identity is
known to me, appeared in his capacity as Acting Head of the Jewish Community as per Royal Decree No. 1746
dated 1 / 10 / 541, a copy of which is kept in the department and implemented in the community committee. He acknowledged the correctness
of what is contained in this document and signed it before me on 16 / 1 / 955.
Signature
Naji Sayyid ⟦illegible⟧
First Southern Baghdad Notary Public
On his behalf ⟦illegible⟧
50 Fils
50 Fils
Two copies of this power of attorney were issued
in the name of Mr. Zaki Abdul Hayy 217 dated
218 dated 16 / 1 / 955 and he received this copy from him ⟦illegible⟧
16 / 1 / 55
Jamil Al-Orfali
Lawyer
Office 6349
Telephone { Residence 98300
Notary Public Department ⟦illegible⟧
Number ⟦illegible⟧
Date 11 / 1 / 955
⟦line⟧ General Power of Attorney ⟦line⟧
I, the undersigned, Rabbi Sassoon Khedhouri, in my capacity as Acting President of the Israelite Community and in addition to my position,
have appointed the lawyer, His Excellency Mr. Jamil Al-Orfali, as general counsel to initiate all lawsuits belonging to me and to enter into all lawsuits
existing or that will exist for me or against me, personally or as an agent or guardian, in the Sharia, Civil, Criminal, Conciliation, and Commercial courts,
and all specialized committees and councils, special courts, Land Registry departments, settlement committees and their appellate courts, police departments,
investigating magistrates, and departments for minors' property; and to plead and defend through reconciliation, first instance, appeal, and cassation, in presence or in absentia, as a plaintiff,
defendant, third party, objector, respondent, third-party objector, and for rehearing, correction, and non-original objections,
emergency matters, complaints against judges and their recusal, determining jurisdiction and function, requesting declarations of bankruptcy, appointing syndics and requesting
their dismissal, approving settlements (concordat), requesting the transfer of a case from court to administration and vice versa or to another court,
and pursuing all types of interests in all councils and committees, including income tax authorities, official bodies, all ministries,
and official, semi-official, or private departments; and I have authorized him to serve and receive service of process, administer and take oaths, object, appeal,
and seek cassation by signature; to request the dissolution and liquidation of companies, reconciliation, settlement, admission, discharge, viewing accounts, and selecting experts,
specialists, and arbitrators; to oversee them and their reports and dismiss them repeatedly; to inspect books, conduct examinations, perform comparisons,
handwriting samples and objecting to them, requesting default judgments, presenting and discussing evidence and challenging it, and challenging witnesses and their testimony,
requesting acquittal and release, claiming personal rights, requesting the suspension of legal proceedings, and claiming damages and compensations;
and to submit signed petitions, briefs, and applications, issue notices through the Notary Public, and request the placement of precautionary,
preventative, or executive attachments and their lifting; and he may obtain judgments and deeds and execute them in execution departments, request imprisonment and eviction,
the sale of attached property, request pre-emption, partition, and the removal of common ownership of any type, appeal decisions of execution departments, request bankruptcy and settle all
bankruptcy transactions, conclude and organize the concordat and revoke it, appoint the syndic and dismiss him repeatedly, appoint the trustee and dismiss him,
complain against them, and delegate whomever he wishes for all or part of what he was authorized for and dismiss them repeatedly. In summary, the aforementioned is a general agent
for me in what was mentioned above.
On the admission of the principal
Rabbi Sassoon Khedhouri
Acting President of the Community
Based on the request and legal capacity, I attended the headquarters of the presidency of the Israelite Community in Baghdad,
located in Taht al-Takiya neighborhood, at three o'clock in the afternoon of this day, 11 / 1 / 955.
Upon questioning the person present of status and standing, His Eminence (Rabbi Sassoon Khedhouri),
the well-known individual and Acting President of the Israelite Community in Baghdad as per the order of the Ministry
of the Interior numbered S / 11 and dated ⟦illegible⟧ whose copy was viewed in this department; and I read this
general power of attorney to him, and he acknowledged its content and his position and signed it with his signature below ⟦illegible⟧
200 Fils
200 Fils
Naji Rashid
First Southern Baghdad Notary Public
Presidency of the Jewish Community
in Baghdad
File No. { 83531 / 5452
Number T / ⟦illegible⟧
Date ⟦illegible⟧ / 11 / 195⟦illegible⟧
Subject: ⟦line⟧
His Excellency Professor Jamil Al-Orfali, Respectfully
Greetings,
Based on the approval of the Administrative Committee of the community, I have appointed Your Excellency, in addition to my official duties, in all expropriation lawsuits
for Meir Elias Hospital with all its plots, facilities, buildings, and annexes, provided that you follow up on them administratively and judicially and attend before
the competent departments and courts of all levels and types to settle the aforementioned expropriation cases through legal means according to
the Expropriation Law. It is agreed to pay attorney fees to Your Excellency as follows:
1 - Four thousand dinars shall be paid in the event you succeed in canceling the expropriation of the mentioned hospital from its foundation.
2 - Four thousand dinars shall be paid in the event you replace the expropriation with a long-term lease for a period of thirty years with an annual rent of no less
than seven thousand dinars. This fee may be increased by an appropriate amount with the approval of the Administrative Committee if you are able to raise
the annual rent above nine thousand dinars.
3 - In the event of the inability to cancel the expropriation or replace it with a long-term lease, the aforementioned lawsuits shall be pursued on the basis of
increasing the expropriation compensation. In this case, a lump sum fee of one thousand two hundred and fifty dinars shall be paid,
payable in two installments, advance and final. However, if you are able to increase the expropriation compensation by more than 25% of the initial estimates,
a percentage (in addition to the lump sum fee) of 7% shall be paid on the amount exceeding 25% of the initial estimates, provided that this
additional fee is deducted from the expropriation proceeds.
With highest respect to Your Excellency,
Rabbi Sassoon Khadhuri
Acting President of the Community
General Power of Attorney I, the undersigned Rabbi Sassoon Khaddouri, in my capacity as President of the Jewish Community in Baghdad, in addition to my office, have appointed the lawyer, His Excellency Mr. Jamil Al-Orfali, as a general agent to file all lawsuits that I may have and to intervene in all existing lawsuits and those that will arise for and against me, in person and as an agent, in Sharia, civil, criminal, and conciliation courts, and all specialized committees and councils, special courts, Land Registry offices, settlement committees and their appellate boards, and to plead and defend through settlement, credit, appeal, cassation, in presence and in absentia, in the capacity of plaintiff, defendant, third party, objector, and party objected against, third-party objector, response, restitution, correction, original and incidental third-party objection, filing complaints against judges, challenging their lawsuits, designating jurisdiction, powers, and duties, and requesting the transfer of lawsuits from the court to the administration and vice versa or to another court, and following up on all types of interests in all councils, official bodies, and all ministries, official, semi-official, and private departments. I have authorized him for notification and receipt of notification, administering and taking oaths, objection, appeal, cassation, and the selection of experts, evaluators, and arbitrators, overseeing them and their reports, dismissing them repeatedly, requesting default judgments, presenting and discussing evidence, contesting it, and contesting witnesses and their testimonies. He may submit petitions and applications under his signature and issue warnings through notaries public, and request the imposition and release of precautionary, provisional, and procedural attachments. He has the right to receive judgments and documents and execute them in execution departments, and to request imprisonment, attachment, and the sale of attached property, and to appeal the decisions of execution departments. In summary, His Excellency is an agent for me with general power of attorney for what is mentioned above. By acknowledgment Rabbi Sassoon Khaddouri Acting President of the Jewish Community Baghdad 24 / 11 / 955 (Signature) ⟦line⟧ 1050 7125 12 955 I certify that the signature at the foot of this power of attorney belongs to Rabbi Sassoon Khaddouri, Acting President of the Jewish Community in Baghdad, pursuant to the documents kept in this office, and it has been verified in his capacity as ⟦encircled⟧ in the register of ⟦surface measurement summary⟧ located in Taht al-Takiya neighborhood under number 24 / 11 / 955 First Notary Public of South Baghdad Stamp / Signature I certify that this is a true copy of the version kept at this office under register number 7125, page 21, volume 204, dated 24 / 11 / 955. Upon request, this certified copy was issued on 2 / 12 / 955. Qusay al-Tikriti 2 / 12 First Notary Public of South Baghdad ⟦stamp with portrait⟧ 100 fils Governorate of Baghdad Province
⟦illegible⟧ 122 T ⟦Hussein⟧ 12 5 H 5 H 10 H ⟦illegible⟧