Law:

Section:

Provisional Constitution Order (1 of 1980)----- ---- Art. 9-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10-Evacuee property correctly utilized by Settlement Department and purchased by landlord in open auction Landlord filing application against tenant for eviction-Matter decided through a compromise allowed by Rent Controller-Despite com­ promise and decision by Rent Controller tenant after repeal of Displaced Persons (Compensation and Rehabilitation) Act, 1958 moving Settlement Department for getting transfer of property in favour of landlord cancelled on fresh and further allegations--Held, viciousness of such exercise by tenant before Settlement Department was too patent on 'record-Government department or its officers not to lend themselves to persons who approach government motivated by rancour or spite to settle his personal scores through departmental forums-Officers oblig­ing such persons when found to be privy to malacious and revengeful person having no locus standi in matter, in no better a position than a prosecutor-Such exercise by officers clearly amounted to gross misconduct; misuse of Rules of discipline governing Government officers and conduct not sanctioned by norms or values of civilized. Muslim society-Such misconduct exposes concerned officer to action at law-Superior Court in suitable and properly instituted proceedings has power to check such perversity of purpose of law­ Proceedings being offspring of mala fide application and designated authorities suffering from want of jurisdiction, there .was no justifica­tion to harass landlord-Evacuee Property and Displaced Persons Laws (Repeal) Act, 1957 designed to bring matters to a close and it was not permissible for creatures of repealing statutes to quarrel with policy of law creating such creatures-Proceedings against landlord after repeal of Displaced Persons (Compensation and Rehabilitation) Act, 1958 at behest of venomous and vindicative tenant was thus brutum fulman and void ab initio-Writ of prohibition restraining settle­ ment department to continue proceedings against landlord issued…

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