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⟦illegible⟧ 7266 Al-Salwa Market 4726 Ghazi Tarkhan Street, the shop 9766 Karrada Al-Sharqiya, Al-Shuja' Al-Muthanna
IJA 2782
Property Dispute Lawsuit between Tenants and the President of the Jewish Community
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This archival material from the Baghdadi Jewish community contains: a lawsuit between tenants and the President of the Jewish community over a property dispute caused by the law revoking citizenship from Iraqi Jews; correspondence between the President of the Jewish community, the court, the persecutors, and the attorneys regarding the dispute; the official lease contract, the court verdict on the dispute, and an appeal and settlement between the two disputing parties; receipts and attorney's fee.
AI English Translation, Pages 1-25
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479 ⟦line⟧ 955 884 ⟦illegible⟧ 1955/5/15 Deficient until 1955/10/19 1955/11/14
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List of routes for the Imports Company 82 Al-Nahda And it refers to the Hashiya house on Al-Nasr Street So the start of implementation for 82 Al-Nahda ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ In the hearing on 24 / 7 / 956, the representative of the exhibition, lawyer Salim Hamoudi, and his father Abdul Razzaq Faraj Hamza attended and requested an adjournment of the case for the possibility of a settlement, and the exhibition agreed to it, and it was adjourned to 12 / 8 / 956
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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⟧
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To the Honorable Judge of the Baghdad Court of First Instance The Objectors (The Defendants) - 1 - Ahmed Al-Salloum 2 - Abdul Hadi Faraj Hamza The Objected Party ⟦line⟧ The Head of the Jewish Community in Baghdad in his official capacity, his representative Attorney Ibrahim Khazzoum. Subject of the Objection We were notified of the judgment in absentia issued by your honorable court dated 11/14/1955 in the first instance case numbered 882 / 1955 on the date of 12/8/1955, and here we object to it within the legal period for the following reasons: 1 - The objected party (the plaintiff) does not have the right to demand the full amount claimed from us even assuming the validity of his claim, because we did not benefit from the mentioned plot for a period of five years due to the fact that all the plots located in that area, including the plot subject of the lawsuit, remained vacant throughout this period as a result of the issuance of the law revoking citizenship from the Jews, especially since the residents of this area are all Jews, which caused us to lose the benefit contracted for during the mentioned period, and the loss of benefit was due to external factors in which our will had no part, nor could they be avoided in any way whatsoever. 2 - In addition to the above, we have paid some of these installments according to receipts from the leadership of the Jewish Community. For these reasons and for other reasons that may appear to the honorable court, we request the summoning of ⟦illegible⟧ and the annulment of the judgment in absentia issued by your honorable court and charging the objected party with all court costs, filings, and attorney fees. The Objectors Ahmed Al-Salloum and Abdul Hadi Faraj Hamza ⟦illegible circular stamp⟧
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His Excellency the Judge of the Baghdad Court of First Instance, Respected Since the lawsuit numbered 882 / 950 filed by my client in his capacity as the guardian of the minors ⟦...⟧ against Mr. Ahmed Al-Salem and ⟦...⟧ Al-Hajj Faraj ⟦...⟧ has ended in a settlement. Therefore, I request your order to return in the lease contract presented by me, as the aforementioned agreed upon returning the stamps for a period of three years ⟦...⟧ by reference ⟦...⟧ to be kept by my client This ⟦...⟧ respect 8 / 4 / 951 The Attorney ⟦...⟧
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To the Honorable President of the Israelite Community in Baghdad ⟦line⟧ Daoud Youssef, employed by the community, has performed the necessary comparison when the lawsuit was filed against Ahmed Al-Salam and Abdul Bari Hamza, as they ⟦illegible⟧ challenged the bidding procedures on it, and that it was ⟦illegible⟧ inside the Eastern and Alwiya administration, which <del>made</del> <ins>us</ins> a lot for the sake of establishing it in the courts in absentia and in person with the lawsuit papers, the claims, and the final notification obtained, and accompanied by the supervisors in the ongoing buildings ⟦illegible⟧ the fee that your Excellency assigns for his efforts With all due respect to your Excellency 10 / 2 / 952 Sincerely, Sincerely
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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
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I have received from the lawyer Ibrahim Khaddouri the file of the Community's drop in Baghdad numbered number 172 regarding the lease of the vacant lot numbered sequence 220 located in the Al-Kulat neighborhood leased to Ahmed Al-Sallam and Abd al-Bari for a period of thirty years with all its papers and branches, including the following papers: 1- The Tabu deed for the mentioned property 2- The lease agreement concluded between the Physical Council and the tenants, the lawyer Ahmed and Abd al-Bari certified by the Notary Public of East Baghdad on 12 / 2 / 945 under number ⟦illegible⟧ 3- The default judgment issued by the Baghdad Court of First Instance under number 955 ⟦illegible⟧ filed against the aforementioned Ahmed and Abd al-Bari for the amount of ⟦illegible⟧ 882 Dinars 4- The reconciliation agreement concluded between the Presidency of the Community and the aforementioned defendants which includes the reconciliation between them for the amount of seven hundred Dinars Accordingly, I have signed for receipt in writing on 27 / 8 / 956 ⟦illegible⟧ Secretary of the Presidency of the Jewish Community in Baghdad ⟦line⟧
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Seizure of an amount on 12/5/50 in the amount of The pear from 12/5/50 so he agreed with them On 12/2/50 it reaches a mandatory knowledge It must be notified whether it Reaches on 12/5/50 which happens to be an official holiday Or a Friday to notify him previously Official holiday His Excellency the Judge of the Court of First Instance of ⟦illegible⟧ the Respected The Objectors - The Defendants - The Objected Against - The Plaintiff - We confirm our response to the objected against in the lawsuit numbered 5959 / 882 The objection submitted by us after the expiration of the legal period with the phrase: (1) Given that the lease and rental contract was signed on March 12, 948, i.e., before the enforcement of the Appendix Law, the provisions of the Appendix do not apply to it. (2) The two objectors claim that the statement of the objected against demanding the entire claimed amount alleging that they did not benefit from the leased property for a period of five years due to the migration of Jews from the area where the leased property ⟦described⟧ under discussion in the lawsuit is located, so their claim is legally inadmissible, because first, the validity of their claim throughout this period was not presented they did not direct it to the objector for the purpose of rescinding it and forcing her to flee as claimed by the wording of the lease and rental contract agreement. Secondly, ⟦despite the objectors' claim, it is⟧ that the migration of Jews does not necessitate the forfeiture of the rent <del>just as Article ⟦illegible⟧ of the Majalla</del> as stated in Article 479 of the Majalla, which literally states [Whoever rents a shop and takes possession of it, then a slump in buying and selling occurs, he has no right to rescind the payment of the rent for that period by saying that the deal did not prosper and the shop remained closed] The fee was dropped by entitlement By the judge ⟦illegible⟧ Therefore, what the two objectors presented is not legally considered, and they are obligated to pay the claimed rent, so I request the rejection of the objector's defense, the confirmation of the judgment in absentia, and charging them court costs, attorney fees, and statement fees, and to your Excellency the utmost respect Attorney for the Objected Against
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80 ⟦illegible⟧ 1322 584 1914 ⟦illegible⟧ The unauthorized agent (Al-Fuduli) ⟦illegible⟧ but if he wants ⟦illegible⟧ The lease of the unauthorized agent is concluded subject to the owner's approval Civil Article 725 1- If the leased property is totally destroyed during the lease term, the contract is rescinded automatically, but if it becomes in a state where it is no longer fit for the use for which it was leased, or if this use is significantly diminished, and the lessee had no hand in any of that, he may, if the lessor does not restore the leased property to its original state within a reasonable time, request either a reduction in rent or the rescission of the lease Civil 751 2- and 3- When a shop is leased and then a slump in buying and selling occurs, he does not have the right to rescind the contract or to refrain from paying the rent Civil 790
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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
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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.
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Volume Number 181458 Accounting 137 Receipts for Dirhams collected for the government Serial Number: 13 Fils / Dinar: 100 / - Department Name: Sh. ⟦...⟧ Schools Received from: Mr. Ibrahim Khadouri, Head of the Community Amount: One Dinar and one hundred Fils On account of: Notification fee for a notice Date: 21 / 1 / 1959 Job Title: Accountant Signature of the Receiver ⟦signature⟧ 35 / 882
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478 Naji son of Ishaq bin Battat in the judiciary of Qalat Saleh, his hands Sarilar Since the year 15, the writing of his children changed to others during his travel in a past period, so it was The first period of his year, in his hands, Mushaf Sarilar Qalur, as well as his children with others Their names are Mushaf Qasim Mirza, he gave me and I received it also in his hands, a note Only a traveler or in his hands his children with others in the form of the first degrees of his children He gave me in his hands in hope of surrounding him, I gave in his hands my Mushaf in Kirkuk In the name of Kalur
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On 5/7/955, 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 14/7/955 Abd al-Bari sent a medical report stating that he is suffering from dental nerve pain and needs ⟦to⟧ rest (5). I commented on this report, stating that the illness mentioned in the report is not considered one of the serious illnesses that prevent its owner from attending court or appointing an attorney on his behalf, therefore, it does not by itself constitute a justification for adjournment, and I requested to proceed with the case. The court decided to consider it a legitimate excuse and adjourned until 19/10/955. ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧
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853 (8) Notification fee ⟦line⟧ 100 Stamps for a copy of the default judgment ⟦line⟧ 150 External printing fee for the judgment ⟦line⟧ 100 ⟦line⟧ 350 ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧
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Record Number 17034 Accounting 97 Receipts in Dirhams collected for the government Serial Number: 59 Fils/Dinar: 16/080 Department Name: Port Said Received from: Al-Hajj Ibrahim Dirgham Abdullah Khudair Amount: Sixteen Dinars and 080 Fils On account of: Subscription Date: 5/7/955 Signature of the Receiver: Job Title: ⟦signature⟧ 228/55
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Number ⟦illegible⟧ 170152 Accounting 137 Receipts in Dirhams collected for the government Serial Number: 42 Fils/Dinar: 16/180 List Name: ⟦illegible⟧ 55/882 Received from: Al-Hajj Ibrahim Taha ⟦illegible⟧ Amount: Sixteen Dinars and one hundred and eighty Fils On account of: Brokerage fee with the Navy Date: 5/4/955 Signature of the recipient: Job title: ⟦signature⟧
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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.
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- 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 |
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294 Facts of the claims that are clarified upon payment. Evidentiary Grounds ⟦line⟧ The lease contract certified by the Notary Public of East Baghdad dated ⟦...⟧ under general number 822, the letter sent by registered mail, and all other legal evidence, and in case of inability, by oath. Conclusion of Demands ⟦line⟧ The request to notify the defendant with a copy of this petition and its attachments so that she may respond to it within the legal period, and consequently summoning her for trial and conducting the proceedings, and upon trial, ruling against her by obliging her to pay the claimed amount of 1072 dinars to my client, along with interest, costs, attorney fees, and the drafting of briefs, and linking the judgment to immediate execution. This is for your sovereignty to command ⟦...⟧ The Plaintiff General Agent for the Council of the Jewish Community in Baghdad pursuant to the general power of attorney certified by the Notary Public of North Baghdad on 15 / 11 / 954 under general number The Lawyer Ibrahim Hayyim 10297
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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
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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