Baydekar, J.

1. This is a Letters Patent appeal from a suit, which had been filed by the sons of a mortgagor for a declaration that the mortgage was invalid, inasmuch as the mortgagor had no title to the property. It appears from the evidence that the property was the self-acquired property of the mortgagors father. There was a dispute between the parties, namely, the sons of the mortgagor and the mortgagee, as to whether the property was the ancestral property of the mortgagors father, or whether it was the self-acquired property of the mortgagors father; but the learned first appellate Judge, who was the final Court of fact, has found that the property was the self-acquired property of the mortgagors father. There was a concession made besides on behalf of the mortgagors sons that the property was the self-acquired property of the mortgagor and that there had been a partition made by the father of this property during his lifetime, by which he gave to the mortgagor the share which he mortgaged. The principal contention which now remains is as to whether, even though the father purported to partition his self-acquired property between his sons, that transaction could be ef