AI en Translation, Pages 26-50
Page 26
To the Honorable Notary Public of North Baghdad
I request your order to provide me with a copy of the contract registered with the Notary Public of East Baghdad on -
March 13, 1948, under General Number 832, concluded between the Spiritual Council of the Jewish Community
in Baghdad and Messrs. Ahmed Al-Salloum and Abdul Hadi Al-Haj Faraj Hamza regarding the lease of the
endowment plot serial number 330 Kawalat which ⟦is⟧ among the endowments of Meir Elias Hospital belonging to the Jewish Community
in Baghdad, and with great respect to your Excellency - February 9, 1955
General Agent for the Jewish
Community in Baghdad -
The Lawyer
Ibrahim Khazmoum
Pursuant to the General Power of Attorney registered
with the Notary Public of North Baghdad
On 11/9/1958 and General Number 10297
Page 27
⟦illegible⟧
The First Party - Mr. Eliyahu Hayyim Tawfiq, President of the Israelite Lay Council in Baghdad, in addition
to his position.
The Second Party - Mr. Ahmad al-Salloum and Mr. Abd al-Hadi al-Haj Faraj Hamza.
The contract has been concluded between the First Party, hereinafter referred to as the Lessor, and the Second Party, referred to as the Lessee,
on the following:
First - The Lessor has leased to the Lessee, and the latter has leased from the Lessor after inspection and review, the vacant
lot with Land Registry sequence 330 located in the Al-Koula district ⟦T⟧, which is under the disposal of
the management of Meir Elias Hospital in Baghdad for a period of thirty years starting from the date of 12/3/1948
to the date of 12/3/1978 for a rental value of 5,760/- (five thousand seven hundred
and sixty Dinars).
Second - The Lessee shall pay the rental value to the Lessor in thirty annual installments,
the amount of each being 192/- (one hundred and ninety-two Dinars) to be paid on the first day of
each rental year starting from the date of certification of this contract by the Notary Public.
Third - The Lessee, in addition to the rental value mentioned above, shall construct on the mentioned lot
the buildings he requires from his own funds, provided that the expenses are not less than the amount of 3,430/- Dinars
(three thousand four hundred and thirty Dinars) according to expert estimation.
Fourth - The Lessee shall commence the construction of the buildings he requires according to municipal regulations immediately
after the certification of this contract by the Notary Public, provided that he completes this construction within a period not exceeding
two years from the date of certification of this contract. If this period ends and he has not done so,
the Lessor has the option to consider this contract rescinded, and the Lessee shall then be liable to pay compensation
equivalent to half of the amount designated for construction, which is stated in paragraph three above, in addition to the rent
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 lot to another person without the Lessor's
written consent. This does not prejudice the Lessee's right to utilize the lot within the lease term and to
lease the buildings he constructs to whomever he wishes according to customary procedures.
Sixth - The Lessee shall not neglect the maintenance of the building during the lease term and shall not demolish it in whole or
part. If a part of it is demolished due to technical necessity or need, he must rebuild
that part for an amount not less than its original cost.
Seventh - Upon the expiration of the lease term, the Lessee shall hand over the lot with the building constructed upon it.
(To be continued)
Page 30
The First Party: - Mr. Eliyahu Hayyim Tawfiq, President of the Israeli Lay Council in Baghdad, in addition
to his official position.
The Second Party: - Messrs. Ahmad al-Salloum and Abd al-Hadi al-Hajj Faraj Hamza.
The contract was concluded between the first party, hereinafter referred to as the Lessor, and the second party, referred to as the Lessee,
regarding the following:
First: - The Lessor has leased to the Lessee, and the latter has leased from the Lessor after inspection and review, the vacant
plot of land with Land Registry serial number 330, located in the Al-Koolat neighborhood, which is under the administration of
Meir Elias Hospital in Baghdad, for a period of thirty years starting from the date of 13/3/1948 until the date of
12/3/1978, for a rental amount of 5760/- (five thousand seven hundred and sixty Dinars).
Second: - The Lessee must pay the rental amount to the Lessor in thirty annual installments, each amounting
to 192/- (one hundred and ninety-two Dinars), payable on the first day of each rental year starting
from the date of authentication of this contract by the Notary Public.
Third: - In addition to the aforementioned rental amount, the Lessee shall construct on the said plot the buildings
he requires from his own 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 begin constructing the buildings he requires according to municipal regulations immediately
after the authentication of this contract by the Notary Public, provided that this construction is completed within a period not exceeding
two years from the date of authentication of this contract. If this period expires and he has not done so, the Lessor
has the option to consider this contract revoked, and the Lessee shall then be liable to pay compensation equal to half
the amount stipulated for construction as specified in the third paragraph above, in addition to the rental amounts that may
be due from him until the evacuation, without the need for prior notice or the filing of 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 written consent of the Lessor.
This does not prejudice the right of the Lessee 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.
To be continued
The original lease contract
In the name of Naji Murad
11/25/1952
Page 33
To the Honorable Head of the Jewish Community
Since the community is demanding that we pay the rent for plot No. 220 located
in the Koolaser neighborhood, which is part of the Meir Elias Hospital endowments, in the amount of (1074) Dinars
on the basis that the annual rent is (192) Dinars excluding the building, and since we have suffered losses
and the rent is exorbitant, we therefore submit to your excellency that we are ready to pay a sum of
(700) Dinars for the accumulated rent, requesting approval to reduce the annual
rent to the amount of (120) Dinars per year. Please accept our highest respect.
Tenant Abdul Hadi Faraj Tenant Boutros Abdul Sayed
Signature Signature
17 / 4 / 952
⟦illegible⟧
Page 34
Baghdad First Instance Court
Case No. 1 / 55 / 886
The Baghdad Unlimited First Instance Court was formed on 4 / 6 / 955 by its judge Mr. Ibrahim ⟦...⟧
authorized to adjudicate in the name of His Majesty the King of Iraq, and issued its following ruling:-
Plaintiff - President of the Jewish Community in Baghdad in his official capacity - his attorney Ibrahim Khazzam
The two defendants - 1- Mr. Ahmed Al-Salloum
2- Mr. Abd al-Hadi al-Haj Faraj Hamza
The Decision
The plaintiff's attorney claimed in the statement of claim dated 5 / 4 / 1955 that the two defendants had
leased the plot sequence (330) located in the Al-Koula Thalthi district, which is part of the Meir Elias Hospital endowments
for a period of thirty years starting from 13 / 3 / 1948 until 12 / 3 / 1978 for a total rent of
(5760) dinars, and they pledged to pay it in annual installments, the amount of each installment being (192) one hundred and ninety-two
dinars to be paid on the first day of each year. He also stated that the two defendants had pledged to construct
buildings on the mentioned plot, provided that the cost is not less than the amount of (3430) dinars, and there was due from
the two defendants until the date of 13 / 3 / 1955 an amount of (1072) one thousand and seventy-two dinars
from the rent, and he requested judgment for the mentioned amount and to charge the two defendants the costs, attorney fees,
pleadings, and legal interest.
The two defendants did not attend despite being notified, so it was decided upon request to conduct the trial against them in absentia and publicly.
The plaintiff's attorney was tasked with proof, so he presented a certified copy of the contract concluded between the two parties, certified
by the Notary Public of North Baghdad under number 11166 and date 13 / 2 / 1955, which included the
two defendants leasing the vacant plot sequence 330 Koula for a period of thirty years for a total of
(5760) dinars, and the conditions included that the tenant must pay the rent in installments numbering
thirty installments, each installment in the amount of (192) dinars, with other conditions related to construction. He also presented a letter
addressed to the two defendants from his power of attorney demanding the accumulated rents amounting to
(880) dinars and added that the claimed amount consists of this amount and the addition of the rent
for the sixth year which became due after the date of the letter coinciding with 16 / 2 / 1955. Accordingly, and based
on the contract concluded between the two parties on 13 / 3 / 1948 and the letter dated 16 / 2 / 1955,
it was decided to rule by obligating the two defendants to pay the plaintiff in his official capacity the claimed amount of
(1072) one thousand and seventy-two dinars and charging them the trial costs and (6/750) dinars attorney
fees for one session. The judgment was issued in absentia, subject to objection, appeal, and cassation, and was announced publicly.
50 fils
Fils Dinar |
180 16 | Lawsuit and decision fee
040 - | Legal fee granting fee
420 17 | Second carbon copy fee
080 12 | Reinstated lawsuit fee
500 29 | Only twenty-nine dinars and five hundred fils only
The Judge
The Chief Clerk
Page 35
B - 4
Paper
Notification of judgments issued by the ⟦Baghdad Court of First Instance⟧
Number 882 / 955 Dossier Number
Image
I have been notified and delivered via the process server
The judgment issued on 14 / 11 / 955 under number 882 / 55 from
Baghdad Court of First Instance regarding the claim consisting
Between me and the Head of the Jewish Community - in his capacity, residing in the neighborhood of
And for the statement, this paper was given
On 8 / 12 / 955 year
Signature
Abdul Hadi Haj Faraj Hamza
Residing in his commercial place - Alwa
In Al-Shorja
Abdul Hadi was notified
Haj Faraj personally
8 / 12 / 955 Please sign
Page 37
To the Honorable Presiding Judge of the First Court of First Instance in Baghdad
The Objectors - The Defendants - Ahmed Al-Salloum and Abdul Hadi Al-Hajj Faraj Hamza.
The Objectee - The Plaintiff - The Head of the Jewish Community in Baghdad in his official capacity.
The dispute has been resolved through reconciliation between the two litigating parties in the lawsuit numbered under file
882 / 955 filed by the objectee - the plaintiff - against the objectors - the defendants -
at your esteemed court regarding the collection of (1073) Dinars for accumulated rent payments until the end of
March 13, 1955, for the plot numbered sequence 330 Kawalat, in accordance with the reconciliation paper dated
⟦4 / 4 / 1956⟧ signed by both parties. We present the original of this reconciliation paper for certification
by the esteemed court and to provide each of the parties with a certified copy to serve as a notification
under Article 61 of the Procedure and consequently issuing the decision to annul the mentioned lawsuit along with the default judgment
issued accordingly. With all due respect to your honor - 1 - 4 / 956
The Objectee - The Plaintiff -
Rabbi Sassoon Khadhuri
President of
The Jewish Community in Baghdad
By Proxy
In addition to it
The Objectors - The Defendants -
Ahmed Al-Salloum
Abdul Hadi Al-Hajj
Faraj Hamza
50 Fils
His General Agent, his son, the lawyer Sami
Abdul Hadi Al-Hajj Faraj Hamza, according to
the general power of attorney registered with
the Karkh Notary Public ⟦under number⟧ 890
and dated ⟦22 / 5 / 953⟧
⟦signature⟧
Certified the validity of the notification
On 5 / 12 of the year 1951
⟦illegible⟧
First Clerk of the Baghdad Court of First Instance
Page 38
To the Honorable Sovereign Judge of the First Baghdad Civil Court
The Objectors - Defendants - Ahmed Al-Salloum and Abdul Hadi Al-Haj Faraj Hamza
The Objectee - Plaintiff - Head of the Jewish Community in Baghdad in his capacity
The Objectee - Plaintiff - had filed a lawsuit in your esteemed court under file number
955/882 against the Objectors - Defendants - regarding the collection of an amount of (1073) Dinars for
accumulated rent allowances until 13/3/955 for the plot sequence (330) Kawalat. A judgment was issued in absentia
obliging the mentioned Objectors to pay the aforementioned claimed amount with costs and
attorney fees to the Objectee - Plaintiff -.
And now, through the mediation of some reformers, a settlement has been reached between the two litigating parties according to the following
conditions.
( 1 )
The Objectee - Plaintiff - has settled for an amount of seven hundred Dinars for the lawsuit mentioned
above, and the Objectors have accepted the settlement and handed over to the Objectee - Plaintiff - through the attorney
Mr. Jamal Jamil the mentioned settlement amount, which is seven hundred Dinars in cash and in full.
( 2 )
The court costs and attorney fees shall be borne by whoever spent them.
( 3 )
Based on the settlement that occurred, the aforementioned lawsuit has become void, and the
issued judgment in absentia has also become void in its ruling.
Therefore, we request the authentication of the settlement and the annulment of the mentioned lawsuit and the issued judgment in absentia
as well. With all respect to your Excellency - 21 / 4 / 956
The Objectee - Plaintiff -
Rabbi Sassoon Khadhuri
Head of the Jewish Community in Baghdad
By Proxy
In addition to it
The Objectors - Defendants -
Abdul Hadi Al-Haj Ahmed Al-Salloum
Faraj Hamza
His General Agent, his son ⟦...⟧
Abdul Bari Al-Haj Faraj Hamza
According to the General Power of Attorney registered
with the Karkh Notary Public under number
890 on 24 / 3 / 1956
For ⟦...⟧
H. M. & C. N.
The Jewish Community
50 Fils
⟦signature⟧
Page 39
The First Party (Plaintiff) - The Head of the Jewish Community in Baghdad in addition to his post.
The Second Party (Defendants) -
(1) - Ahmed Al-Salloum.
(2) - Abdul Hadi Al-Haj Faraj Hamza.
The First Party had filed a lawsuit in the Baghdad Court of First Instance under case number 882/955
against the Second Party regarding the collection of an amount of (1073) Dinars for accumulated rent fees until the end of
March 13, 1955 for the vacant plot numbered sequence (330) Kawalat. A judgment was issued in absentia obliging the Second
Party to pay the First Party the aforementioned claimed amount along with costs and attorney fees. And now,
through the mediation of some peacemakers, an agreement has been reached between the two parties for a settlement according to the following conditions:
(1)
The First Party has settled for an amount of seven hundred Dinars regarding the lawsuit mentioned above, and the Second Party
accepted the settlement and handed over to the First Party, via the attorney Mr. Jamal Jameel, the aforementioned settlement
amount of seven hundred Dinars in cash and in full.
(2)
The court costs and attorney fees shall be borne by whoever incurred them.
(3)
Based on the current settlement, the lawsuit mentioned above has become null and void, and the
judgment issued in absentia has also become null.
Accordingly, the settlement has been completed between the two parties in the manner mentioned above, and this settlement
document was organized and signed by them, written in Baghdad - 26 / 4 / 956
Second Party | | First Party
Abdul Hadi Al-Haj Faraj | Ahmed Al-Salloum | Rabbi Sassoon Khedhouri
Hamza | | Head of the Jewish Community in Baghdad
| | By proxy
| | In addition to it
His general agent, his son, Attorney Salim Abdul
Hadi Al-Haj Faraj Hamza, according to
the general power of attorney registered with the Notary
Public of Karkh under number ⟦8900⟧ on ⟦22 / 5 / 954⟧
⟦illegible⟧
Presidency
of the Jewish Community
Baghdad
⟦signature⟧
Page 40
First Party (Plaintiff) - President of the Jewish Community in Baghdad in his official capacity.
Second Party (Defendants) -
(1) - Ahmed Al-Salloum.
(2) - Abdul Hadi Al-Hajj Faraj Hamza.
The first party had filed a lawsuit in the Baghdad Court of First Instance under case number 955/882
against the second party regarding the collection of an amount of (1072) Dinars for accumulated rent until the end of
13/3/955 for the plot numbered (330) Kawlat. A judgment was issued in absentia requiring the second
party to pay the first party the aforementioned claimed amount with costs and attorney fees. And now,
through the mediation of some peacemakers, an agreement has been reached between the parties for a settlement according to the following conditions.
(1)
The first party has settled for the amount of seven hundred Dinars regarding the aforementioned lawsuit, and the second party
accepted the settlement and delivered to the first party via the lawyer Mr. Jamal Jameel the aforementioned settlement
amount of seven hundred Dinars in cash and in full.
(2)
The court costs and attorney fees shall be borne by each party who incurred them.
(3)
Based on the settlement that occurred, the aforementioned lawsuit has become void in judgment, and the
judgment issued in absentia is also rendered void.
Accordingly, the settlement between the parties has been completed in the manner mentioned above, and this settlement
document was organized and signed by them in writing in Baghdad - 21/4/956
Second Party | First Party
Abdul Hadi Al-Hajj Faraj | Rabbi Sassoon Khadhuri
Hamza - | President of the Jewish Community in Baghdad
Ahmed Al-Salloum | By Proxy
| In addition to ⟦the tasks⟧
Page 41
His Excellency the Chairman of the Administrative Committee
of the Israelite Community in Baghdad, Respected
Subject: Legal Fees
Since the lawsuit numbered file 882 / 1955 filed in the Baghdad Civil Court against
Ahmed al-Salloum and Abdul Hadi al-Haj Faraj Hamza for the amount of (1072) Dinars for accumulated rent
for the plot sequence 330 located in the Kulat neighborhood, has ended in a settlement, and the settlement amount of (700)
Dinars has been ⟦received⟧ by the aforementioned defendants into the community's treasury on April 6, 1956
I request Your Excellency's order to pay me (36.014) Dinars for the remaining legal fees due to me along with the expenses
spent by me, as shown below.
Dinars / Fils |
32.160 | Legal fees, which is the remaining half of the fee due to me
3.854 | Value of stamps for the lawsuit papers, the judgment in absentia, notification fees, and notification expenses for
| the lawsuit papers, the judgment in absentia, car fares, and miscellaneous expenses.
36.014 | Only thirty-six Dinars and fourteen Fils.
With utmost respect to Your Excellency ⟦line⟧ April 9, 1956 Sincerely,
The Lawyer
Ibrahim Hazoum
I received the aforementioned amount
Page 42
Fee for the first lawsuit 5/500 8/10/95
Stamps for claiming the lawsuit 500
16/180
100
Miscellaneous
70500 Stamp for the paper submitted to ⟦illegible⟧ for dismissal due to jurisdiction 2/12/59
500 Certification fee and stamp for a copy of the report
2500 Printing of papers and copies of the lawsuit
10500