| Citation(s) |
|---|
| 1997 SLG 649 1997 SLD 649 1997 CLC 546 |
Quetta High Court
Regular Second Appeal No.2 of 1995, decision dated: 14-10-1996
IFTIKHAR MUHAMMAD CHAUDHARY AND MUHAMMAD NAWAZ MARRI, JJ
S.A. M. Quadri for Appellant. Ch. Muhammad Rafique for
Respondent No. 1. H. Shakeel Ahmed for
Respondents Nos- 2, 4 and 5
Regular Second Appeal No.2 of 1995, decision dated: 14-10-1996
IFTIKHAR MUHAMMAD CHAUDHARY AND MUHAMMAD NAWAZ MARRI, JJ
S.A. M. Quadri for Appellant. Ch. Muhammad Rafique for
Respondent No. 1. H. Shakeel Ahmed for
Respondents Nos- 2, 4 and 5
Qazi DOST MUHAMMAD
VS
Malik DOST MUHAMMAD and 4 others
Law:
Section:
(a) Tort------- Mental torture---Defamation---Special and general damages---Rule of Thumb---Connotation---Plaintiff claiming special damages must prove each item of hit loss, on basis of evidence---In case of general damages relating to mental torture, defamation etc., those have to be measured following "Rule of Thumb". according to which, discretion would rest with Court to calculate such compensation, keeping in view attending circumstances of each case.--[Damages--Words and phrases]. (b) Tort--- ----Damages---Destruction of plaintiff's house by defendant by wrongful act--Assessment of damages---Plaintiff produced Municipal Engineer in evidence who had worked out valuation of house into a specified amount---Validity of Municipal Engineer's certificate relating to actual amount spent on construction of house was not challenged or contradicted by defendants---Plaintiff although produced other witnesses to prove valuation of house in excess of what was determined by Municipal Engineer, vet he was entitled to receive actual amount which he had spent on construction of house in terms of Municipal Engineer's assessment---In addition thereto specified amount spent for installing connection of Sui-gas having not been challenged by defendants was added to cost of construction---Fruit trees planted in premises of house were also destroyed by wrongful act of defendants; value thereof, as assessed by plaintiff remained unchallenged---Such amount was also included towards damages relating to house in question. ---[Damages]. (c) Tort--- ----Damages---Loss and inconvenience suffered by plaintiff and his family due to destruction of house by wrongful act of defendants---Inconvenience caused to defendants could be considered while assessing general damages.---[Damages]. (d) Tort--- ----Damages---Forcible eviction of plaintiff from his house and destruction of his house by wrongful act---Defendants had already instituted suit for possession which was pending adjudication in competent Court of law, but instead of waiting for its result, they selected to adopt forcible mode of possession and destruction of house, for relief, which was not recognized under law--Defendants on…
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