Law: Constitution of Pakistan, 1973

Section: 212(3)

Constitution of Pakistan, 1973-- ----Art. 212(3)--Dismissal of constitutional petitions--Direction to incorporate names of respondents as legal heirs in revenue record--Challenge to--Legitimacy of marriage--Documentary evidence--Violation of rights--Abuse of law--Entitlement of share in property--We agree with findings of lower Courts in that Respondents Nos. 1 and 2 were widow and son of deceased Ghulam Ghulam Mohy-ud-Din Hasan--Record clearly reflects that there is sufficient evidence to establish marriage of Respondent No. 1 with Ghulam Mohy-ud-Din Hasan--This is evident from CNIC issued to Respondent No. 1 wherein she was stated to be his spouse--Furthermore, CNIC was also issued to Respondent No. 2 stating his father to be Ghulam Mohy-ud-Din Hasan--Birth register entry and DNA test results also conclusively put this issue to rest and it can be stated with finality that Respondents Nos. 1 and 2 were widow and son of Ghulam Mohy-ud-Din Hasan as was correctly held by all fora below--ASC for Petitioners did not point us to any evidence that may even remotely have rebutted this finding--It is unfortunate that father of deceased attempted to disinherit widow of his son and his own grandson from their rightful share--However, we cannot allow such abuse of law and violation of rights of widows and orphans for petty personal gains--Such practices point towards moral and ethical degeneration and such greed cannot be perpetuated by relying on technicalities and Hyper-technicalities--There cannot be worse abuse of legal process and cannot be countenanced--Respondents Nos. 1 and 2, being rightful legal heirs of deceased Ghulam Mohy-ud-Din Hasan are legally entitled to their lawful share in his property--We do not understand under what legal regime Revenue authorities took it upon themselves to refuse to implement findings of Courts of competent jurisdiction--It is beyond question that decisions of Courts are binding on Revenue Authorities as has been held by this Court numerous times--Counsel for Petitioner was unable to show legal, procedural or jurisdictional defect, error or flaw in impugned nor was he able to demonstrate any misreading or non-reading of evidence or…

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