EJAZ HUSSAIN RATHORE vs BAHRIA TOWN (PRIVATE) LIMITED, Ahmad Ali Riaz and Riaz Malik S

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EJAZ HUSSAIN RATHORE VS BAHRIA TOWN (PRIVATE) LIMITED, Ahmad Ali Riaz and Riaz Malik S. 73---Specific Relief act ( I of 1877) , Ss. 12 & 54---Suit for possession, permanent injunction and recovery of damages---Special damages, proof of---Requirements and scope---Claim of the plaintiff was that he was allotted two plots in a particular Phase/Sector/ Location (Premier awami Villa) after balloting , however, despite delivery of possession of said plots, the defendants (Housing Society) subsequently carried out two successive balloting on two dates and allotted plots (Villa) in a different Phase/Sector/Location against earlier allotted/registered plots---Civil Court partially decreed the suit---Plaintiff preferred present appeal only to the extent of special damages to the tune of Rs.524,017,300/- ---Contention of the appellant/plaintiff was that due to violation of terms and conditions by the respondents/defendants (Housing Society) he was entitled for recovery of special damages---Validity---Record revealed that although the contents of the plaint showed that the appellant/plaintiff claimed total damages to the tune of Rs.524,017,330/- allegedly suffered by him providing the details of damages on account of different heads/items of losses (total amount of money paid to the defendants; loss of profit on the said money @ Rs.14% per annum; cost of loss of opportunity due to the investment; compensation for the loss of mense profit due to failure to deliver the possession of the villas; compensation for torture and agony faced by the plaintiff due to non-performance of the defendants; and damages for failure to perform by the defendants as per their representations and projections)---However, the appellant/plaintiff remained unable to adduce any evidence to prove special damages allegedly sustained on account of said/mentioned losses---For awarding special damages, the person claiming special damages had to prove each item of loss with reference to the evidence brought on record, which might also include out-of-pocket expenses and loss of earnings incurred down to the date of trial, and generally capable of substantially exact calculation---Ground had been agitated by the appellant that documents (six in number) duly exhibited by him in the evidence had not been considered, whereas said documents related to acknowledgment slips for different tax years only, which had no nexus to the grant of special damages---appellant's claim did not qualify aspired destination even if same be tested and evaluated on touchstone of parameters envisaged in Section 73 of the Contract act, 1872---Mere breach of the agreement on part of the respondent being alleged by the appellant/plaintiff was not sufficient enough to straightaway grant special damages in his favour---In said connection, he was obliged to establish, substantiate and prove all heads of his claim separately and distinctly---However, in the present case, the appellant had not embraced success on any count in proving the actual damages he suffered and all heads of the damages he claimed for to enable the court for assessment and grant thereof---Thus, Trial Court had rightly decreed the suit of appellant/plaintiff partly---appellant had failed to make his case for the exercise of appellate jurisdiction of the High Court---appeal was dismissed, in circumstances.

EJAZ HUSSAIN RATHORE vs BAHRIA TOWN (PRIVATE) LIMITED, Ahmad Ali Riaz and Riaz Malik S — 2024 PLD 204 LAHORE-HIGH-COURT-LAHORE

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