PAKISTAN TELEVISION CORPORATION vs NOOR SANAT SHAH Tort of interest in property

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PAKISTAN TELEVISION CORPORATION VS NOOR SANAT SHAH Tort of interest in property---Economic loss---Proof and burden of proof---Suit for damages arising out of an employment matter---Jurisdiction of Civil Court to award decree for damages caused by mental agony and torture---Respondent in his suit claimed that by virtue of litigation that had ensued between the parties, the appellant (State Corporation) had committed a tort of interest in property; that he had to spend his financial resources as well as physical integrity insofar as he was subjected to face anxiety, mental stress of having to approach various legal fora, arrange legal representation and expend his limited financial resources for enforcement of his legitimate rights---Held, that the main physical, perceivable and ostensible damages that the Respondent had arguably suffered was monetary/ economic in nature---Respondent could claim redressal from such a tort but in proving economic loss, the evidentiary burden of proof was on a claimant---At the time of filing the suit the respondent had annexed and subsequently exhibited all the relevant documentary evidence including legal fees and certificates aggregating a sum of Rs.310,000/-, therefore he successfully discharged the onus of proof on him---During cross-examination of the respondent conducted by the appellant no suggestion had ever been made to the respondent that he had frivolously instituted the suit for damages; that he had not suffered any loss due to actions of the appellant; or that he had instituted the suit for damages as vendetta or to settle a personal grudge---In the absence of such suggestions, it would be deemed that the appellants had admitted that the respondent had suffered loss due to the actions of the appellant---Said findings had also been upheld by all the courts below---Respondent had indeed suffered monetary/economic loss due to the actions of the appellant, that he had an actionable claim which he brought before the Trial Court in the form of a suit for recovery of damages, and that he was well within his rights to be compensated for such loss suffered---Trial Court/Civil Court was well within its jurisdiction to pass decree for payment of damages to the extent of Rs.310,000/-, and a sum of Rs.2,000,000/- in favour of the respondent for the mental agony and torture suffered by the respondent due to the actions of the appellant---Appeal was dismissed.

PAKISTAN TELEVISION CORPORATION vs NOOR SANAT SHAH Tort of interest in property — 2023 SCMR 616 SUPREME-COURT

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