JUDGMENT : 1. The plaintiffs, respondents to this appeal, obtained a decree in a suit in which they claimed their shares out of the property which was once of their father and which was the subject of a simple mortgage made by him at a time when none of them were born or begotten. They had, therefore, at the time of the mortgage no right or interest in the property, and they are therefore not entitled to the possession of it. It is hardly disputed that such is the law. In our opinion the appeal must be allowed, the decrees of both the lower Courts set aside, and the suit of the plaintiffs dismissed with costs in all the Courts, including advocate's fees in this Court on the higher scale. We invite the attention of the District Judge to paragraph 316 of Mayne's Hindu Law, Ed. 5. [Ed. 6, § 342, p. 435.—ED.] in which this question is fully dealt with.