AI en Translation, Pages 1-25
Page 5
Baghdad Court of First Instance
Case - 882 / 955
22 / 12 / 956
The Unlimited Baghdad Court of First Instance was formed on 10 / 4 / 956 by its judge, Mr. Ibrahim
Wasfi Rafiq, authorized to adjudicate in the name of His Majesty the King of Iraq, and issued the following judgment:-
The Plaintiff-Objectors (Defendants) Ahmed Al-Salloum and Abdul Hadi Faraj Hamza
The Defendant-Objected To (Plaintiff) The Head of the Jewish Community - in his official capacity, his representative lawyer Ibrahim Khazzoum
The Decision:-
This court had issued on 14 / 11 / 955 a judgment in absentia ruling to obligate the defendants
(Objectors) to pay the plaintiff (the one objected to) an amount of one thousand and seventy-two dinars and charging them
the costs and attorney fees.
The defendants objected to this judgment within the legal period and requested its wounding and annulment and charging the objected party
the costs.
In the session dated 10 / 4 / 956, the representative of the objected party (the plaintiff) attended and requested the annulment of the issued judgment in absentia
and the withdrawal of the lawsuit based on the occurrence of a settlement between the two parties and the plaintiff's receipt of the settled amount.
Accordingly, and upon the request, it was decided to annul the judgment in absentia, withdraw the lawsuit, and charge each of the parties what they spent
on the lawsuit, and it was understood publicly.
Judge
Ibrahim Wasfi Rafiq
M. & Co.
N. S.
50 Fils
⟦illegible⟧
Page 8
File Number - 882 / 952
The Baghdad Unlimited First Instance Court was formed on 10 / 4 / 952 by its judge Mr. Ibrahim Wasfi
authorized to adjudicate in the name of His Majesty the King of Iraq, and issued the following judgment :-
The Objectors - The Defendants - Abdul Salam and Abdul Hadi Faraj Hammoud
The Respondent - (The Plaintiff) - The Head of the Jewish Community in his official capacity. His attorney is the lawyer
Ibrahim Hayoum
The Decision -
This court had issued on 14 / 11 / 951 a default judgment requiring
the defendants (the objectors) to pay the plaintiff (the respondent) an amount of one thousand and seventy-two
dinars and charging them with the costs and attorney fees.
The defendants objected to this judgment within the legal period and requested its injury and annulment
and charging the respondent with the costs.
In the session dated 10 / 4 / 952, the attorney for the respondent (the plaintiff) attended and requested the annulment of
the issued default judgment and the withdrawal of the lawsuit based on the occurrence of a settlement ⟦between⟧ the two parties and the
plaintiff's receipt of the settled amount.
Accordingly, and upon the request, it was decided to annul the default judgment, withdraw the lawsuit, and charge each of the parties
what they spent on the lawsuit, and it was announced publicly.
The Judge
Ibrahim Wasfi and his signature
Court seal and date
11 / 4 / 952
Page 12
The objection of the statute of limitations is not valid for the completion of the pleading unless
it is decided that the reference of the dispute is ⟦illegible⟧ and an agent
on his behalf
816 S/ 951 and dated 21/5/51
From 12/2/948
To 12/12/978
The annual rent is 576 Dinars
Approximately paid in monthly installments of
Each installment is 192 Dinars paid on the
first of every month
Number 921/W
Above
In addition, it has been decided that
his building on the house is an amount not less than 242
Dinars
And it was agreed upon on the date 12/2/9
1072 Dinars of the rent
That the head of the community is the official
custodian of the community regarding its litigations
with the government, and the judgment was issued by this ⟦standing⟧
state departments in my capacity as the governor
And that the Lay Council is the one who represents
the community, and the Lay Council manages
the affairs of the community, so if the
community is dissolved, the Lay Council no longer exists
But if the Lay Council is dissolved, the community remains
And accordingly, the community is the one that forms the Lay Council
and its head; the community has now declared the authority of representation to the head of the community
in his capacity as the official representative of the community
Page 13
Journal .
470 In a valid lease, cancellation does not become necessary even with the power to utilize the benefit.
For example, if a person takes possession of a house which he has ⟦illegible⟧ with a valid lease,
even if he does not reside in it afterwards, the rent [is due].
475 If a person rents and takes possession of a shop, and after a period of time,
due to a stagnation in buying and selling, he stops practicing his trade and the shop remains closed,
even then he cannot refrain from giving the rent for that period.
476 In an invalid lease, the power to utilize the benefit is not sufficient;
rent becomes necessary only after actual use is found.
478 When the use of the leased property is entirely lost,
the rent is dropped.
518 When something occurs that disrupts the benefits, the lessee cancels the lease.
For example, he can cancel it in a case that appears. In the text,
he cancels in
However, in a case where the intended benefits are entirely lost, the rent is entirely
he can also cancel. And whether he cancels or does not cancel,
according to Article 478, rent is not required.
Page 14
471
If the use of the leased property is entirely lost at the time of its demolition, the rent is waived and it becomes,
for example, if its repair is necessary and it remains idle for a period during its repair,
the rent share for that period ⟦...⟧ is waived. Likewise, if the water of the mill
is cut off and it remains idle, the rent is waived starting from the time of the water's interruption;
however, if the lessee continues to use the upper part of that shop
in a manner other than its original purpose and causes a change, it is necessary to pay the portion ⟦...⟧ that corresponds to it.
Page 15
On 5/7/1952, the court decided to conduct the trial ⟦...⟧ in absentia against Abd al-Salam and to notify the second
defendant Abd al-Bari and adjourned.
On 24/7/1952
Abd al-Bari sent a medical report stating that he is suffering from dental nerve pain and needs a rest
until day (5).
I objected to this report, explaining that the illness mentioned in the report is not
considered one of the serious illnesses that prevent its owner from attending the court or appointing an attorney on his behalf,
therefore it does not constitute a legitimate excuse for postponement and I requested to continue the lawsuit.
The court decided to consider it a legitimate excuse and adjourned until 19/10/1952.
Page 16
Accounting ⟦line⟧
Record Number ⟦illegible⟧
170344
Receipts in Dirhams collected for the government
Serial Number: 59
Fils / Dinar: 16 / 080
Department Name: ⟦illegible⟧
Received from: Al-Haj Ibrahim Khadhuri Abdul Nabi
Amount: Sixteen Dinars and ⟦illegible⟧ Fils
On account of: ⟦illegible⟧
Date: 5 / 7 / 1955
Signature of the Collector
Job Title
882 / 55
Page 18
To the Honorable Judge of the Baghdad Unrestricted Court of First Instance
882 / 951
Plaintiff — The Head of the Jewish Community in Baghdad in his official capacity. His attorney, Ibrahim Hazoum.
Defendants
(1) — Mr. Ahmed Al-Salloum, residing in Al-Alwiyah at the house numbered with plot number (601).
(2) — Mr. Abdul Hadi Al-Haj Faraj Hamza. Residing at his commercial place located in Al-Alwiyah situated in Shorja.
Subject of the Lawsuit and Factual Matters.
The defendants had leased the plot sequence (230) located in the Al-Koolat neighborhood, which belongs to the endowments of Meer Elias Hospital, for a period of thirty years starting from 13 / 3 / 1948 until 12 / 3 / 1978 for a total rent of (5760) dinars and they committed to paying it in thirty annual installments, each installment being (192) dinars to be paid on the first day of each rental year starting from the date of the Notary Public's certification. Furthermore, they committed to constructing on the aforementioned plot the necessary buildings at their own expense, provided that the expenses are not less than the amount of (3430) dinars. An amount of (1072) dinars of rent has become due from the defendants up to the date of 13 / 3 / 1955, as detailed below.
| Dinars
Due for payment on 13 / 3 / 1950 | 192
Deduct amount received during the year 1950 | 80
| 112
Due for payment on 13 / 3 / 1951 | 192
" " " 13 / 3 / 1952 | 192
" " " 13 / 3 / 1953 | 192
" " " 13 / 3 / 1954 | 192
" " " 13 / 3 / 1955 | 192
| 1072
Despite the demands made, they refuse to pay.
Page 19
- 2 -
Evidence of Validity
The lease contract certified by the Notary Public of East Baghdad on March 13, 1948, under
General Number 832; the letter sent by registered mail ⟦dated 2/16/1955⟧; and all other legal evidence, and in the event of failure, by oath.
Result of Demands
I request that the two defendants be notified with a copy of this petition and its attachments so that they may respond to them
within the legal period, and consequently bringing them to trial and conducting the proceedings, and after the trial, ruling against them
to pay the claimed amount of one thousand and seventy-two dinars to my client, along with interest and expenses -
and attorney's fees and the preparation of the brief, and attaching the judgment to temporary execution. To your excellency is the matter, sir.
⟦4 / 15 / 1955⟧
The Plaintiff
The General Agent for the Head of the Jewish Community
in Baghdad, pursuant to the general power of attorney
certified by the Notary Public of
North Baghdad on 11/15/53
under General Number 10397 ⟦line⟧
Attorney Ibrahim Hazoum
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To the Honorable Judge of the Baghdad Court of First Instance of Unlimited Jurisdiction
Plaintiff - The Head of the Jewish Community in Baghdad in his official capacity, represented by his lawyer ⟦...⟧
Defendants (1) Mr. Ahmed Al-Sallam, residing in Al-Alwiyah at house number Plot 260
(2) - Abdul Bari Al-Haj Faraj Amrah, residing at his commercial place in the warehouse area located
in Al-Shorja
Subject of the Lawsuit and Physical Evidence
The defendants ⟦1 and 2⟧ have leased the plot with sequence number
located in Al-Kolah neighborhood, which is part of the endowments of Meir Elias Hospital, for a period of thirty
years starting from 12/2/948 until the date 12/2/1978 for a rental amount of (576)
dinars, and they pledged to pay the rent in annual installments / each installment (192) dinars
to be paid on the first day of each rental year starting from the date of their receipt ⟦...⟧ of the plot
In addition to the rent, they pledged to construct on the aforementioned plot the buildings
it requires at their own expense, provided that the expenses are not less than the amount of (2440) dinars
An amount of 1072 dinars has become due from the defendants until the date 12/2/952
as detailed below
192 | Due for payment on 12/2/950
80 | Deducting what was paid during the year 950
112 |
192 | Due for payment on 12/2/951
192 | " " " 12/2/952
192 | " " " 12/2/953
192 | " " " 12/2/954
80 | " " " 12/2/955
192 | " " " 12/2/956
1072 |
Page 22
Ibrahim Khazzam
Attorney
Baghdad Khan al-Shabandar
Residing in Alwiyah in the house numbered
⟦Plot 1-2⟧
Baghdad
Residing in his commercial place in the Alwa located
in Shorja Baghdad
To Mr. Ahmad Al-Salloum, respected
" " " Abdul Hadi Al-Haj Faraj Hamza, respected
Dinars |
192 | Due for payment on 13/3/950
80 | Received during the year 950
⟦line⟧ |
112 |
192 | Due for payment on 13/3/951
192 | " " " 13/3/952
192 | " " " 13/3/953
192 | " " " 13/3/954
⟦line⟧ |
880 |
⟦line⟧ |
Greetings,
It is no secret to you that there is a debt on your responsibility regarding the rent of the plot numbered sequence 330
Kolat until the date 13/3/1954 amounting to (880) eight hundred and eighty dinars ⟦as detailed above⟧ and based on your ⟦non⟧ payment of
the mentioned amount, the presidency of the Israelite Community in Baghdad has requested me to take the necessary legal measures
in order to collect this amount.
Given what I know of you regarding giving rights to their owners, I saw it appropriate to inform you first to initiate
the payment of the mentioned amount to the presidency of the mentioned community within five days from the date of your notification of this letter
registered by mail. Otherwise, I will be forced to approach the competent court to recover the amount with expenses -
and lawyer's fees incurred by the community presidency with interest. I would be grateful if you would kindly pay the amount
mentioned without the need to resort to this method, and I am confident of that. Please
accept the highest respect 12/4/954
Attorney
Ibrahim Khazzam
General Agent for the Community
Israelite in Baghdad -
Delivered and registered by mail on 16/4/954
Page 23
Ibrahim Hazoum
Attorney
Baghdad, Khan al-Shabandar
To Mr. Ahmed al-Salloum, respected, residing in Al-Alwiyah at house numbered Arsa 6-1
" " " Abdul Hadi al-Haj Faraj Hamza, respected. Residing in Al-Bataween neighborhood
in Al-Alwiyah located in Al-Shorja
Dinars |
192 | Due for payment on 1950/3/13
80 | Received during the year 1950
112 |
192 | Due for payment on 1951/3/13
192 | " " " 1952/3/13
192 | " " " 1953/3/13
192 | " " " 1954/3/13
880 |
After greetings.
It is no secret to you both that there has been incurred as your liability for the rent of the plot numbered sequence 335 -
Kolat until the date of 1954/3/13 an amount of (880) eight hundred and eighty dinars ⟦as detailed above⟧ and based on your non-payment of
the mentioned amount, the Presidency of the Israelite Community in Baghdad has requested me to take the necessary legal measures
for the collection of this amount.
And in view of what I know of you regarding giving rights to their owners, I saw it appropriate to inform you first to initiate
the payment of the mentioned amount to the Presidency of the mentioned community within five days from the date of your notification by this
registered mail letter. Otherwise, I will be forced to resort to the competent court to obtain the amount with costs -
and lawyer fees incurred by the Presidency of the community along with interest. I would be grateful if you would kindly pay the
mentioned amount without the need to resort to this method, and I am confident of that. Please
accept the highest respect 1954/4/16
Attorney
Ibrahim Hazoum
General Agent for the Israelite
Community in Baghdad -
Delivered and registered in the mail on 1954/4/16
Page 24
Ibrahim Hazoum
Attorney
Baghdad, Khan al-Shabandar
To Mr. Ahmed Al-Salloum, respected. Residing in Al-Alawiya in the house numbered Plot 1-6
" " " Abdul Hadi Al-Haj Faraj Hamza, respected. Residing in his commercial place
in the market located in Shorja
Dinar |
192 | Due for payment on 13 / 3 / 950
80 | Received during the year 950
⟦line⟧ |
112 |
192 | Due for payment on 13 / 3 / 951
192 | " " " " 13 / 3 / 952
192 | " " " " 13 / 3 / 953
192 | " " " " 13 / 3 / 954
⟦line⟧ |
880 |
⟦line⟧ |
Greetings.
It is no secret to you both that there is a debt owed by you for the rent of the plot numbered sequence 330
as commissions until the date of 13 / 3 / 1954, an amount of (880) eight hundred and eighty Dinars ⟦as detailed above⟧. Based on your [lack of] payment
of the mentioned amount, the Presidency of the Jewish Community in Baghdad has requested me to take the necessary legal measures
to collect this amount.
In view of what I know of you regarding giving rights to their owners, I saw it appropriate to inform you first to take the initiative
to pay the mentioned amount to the Presidency of the mentioned Community within five days from the date of your notification of this letter
registered by mail. Otherwise, I will be forced to refer to the competent court to collect the amount with expenses -
and attorney fees incurred by the Presidency of the Community along with the interest. I would be grateful if you would kindly pay the amount
mentioned without the need to resort to this method, and I am confident of that. Please accept
with high respect
Attorney
Ibrahim Hazoum
General Agent for the Community
Jewish in Baghdad -
16 / 4 / 954
Delivered and registered by mail on 16 / 4 / 954
Page 25
165068
Accountancy 37 A
Receipts for funds collected for the government
Notary Public of North Baghdad
Volume Number:
Serial Number: 35
Fils/Dinar: 1200
Department Name:
Received from: Lawyer Ibrahim Khedhouri
Amount: ⟦One Dinar⟧ Dinar and ⟦Two Hundred⟧ Fils
On account of: Lawsuit fee 278
Signature of receiver: ⟦signature⟧
Date: 22 / 4 / 55
Job Title: