Court affirms Judge's decree, dismisses appeal with costs. Property ancestral, debts immoral. Fourth plaintiff entitled.

The court affirmed the District Judge's decree, dismissing the appeal with costs to the plaintiffs. It held the disputed property as ancestral, debts were for immoral purposes, and the fourth plaintiff was entitled to his share in the ancestral property.

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Issues Involved:
1. Validity of the decree obtained by the first eight defendants against the ninth defendant.
2. Nature of the properties hypothecated (ancestral or self-acquired).
3. Whether the debts were contracted for legal necessity or immoral purposes.
4. Maintainability of a pure declaratory suit.
5. Rights of the fourth plaintiff born after the execution of the mortgages.

Issue-wise Detailed Analysis:

1. Validity of the Decree:
The plaintiffs sought a declaration that the decree obtained by the first eight defendants against the ninth defendant on 26th July 1904, based on four mortgages, is not binding upon them. The defendants contended that the plaintiffs were bound to pay the debts of the ninth defendant, which were incurred for legal necessity and not for immoral purposes. The Subordinate Judge found that the first property was ancestral and decreed the claim for that property, while the third property was self-acquired and dismissed the claim. The District Judge affirmed the Subordinate Judge's findings.

2. Nature of the Properties:
The first property was part of the Maliara estate and was received by the ninth defendant under a testamentary disposition by his father. The question was whether this property was self-acquired or ancestral. The court discussed the divergence of judicial opinion on whether property received under a Will is ancestral or self-acquired. The court held that the disputed property was ancestral in the hands of the ninth defendant, as the testamentary disposition indicated that the property should be for the maintenance of the son and his descendants, thus retaining its ancestral character.

3. Legal Necessity or Immoral Purposes:
The burden of proof was on the plaintiffs to show that the debts were contracted for immoral purposes. The District Judge found ample evidence connecting the debts to the immoralities alleged and proved by the sons. The creditors were aware of the purposes for which the loans were taken. The court held that the plaintiffs had discharged their burden of proof.

4. Maintainability of a Pure Declaratory Suit:
The District Judge held that the suit as framed was maintainable. The court did not find any issue with the plaintiffs not asking for consequential relief by way of possession, thereby affirming the maintainability of the declaratory suit.

5. Rights of the Fourth Plaintiff:
The fourth plaintiff, born after the execution of the mortgages, was entitled to relief. The court held that an alienation without necessity and without the consent of sons living at the time is invalid against sons born before ratification. The fourth plaintiff's position could not be differentiated from his brothers, thus entitling him to his share in the ancestral property.

Conclusion:
The court affirmed the decree of the District Judge and dismissed the appeal with costs to the plaintiffs-respondents. The court held that the disputed property was ancestral in the hands of the ninth defendant, the debts were contracted for immoral purposes, and the fourth plaintiff was entitled to his share in the ancestral property.

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