K.S. Radhakrishnan, J.

Whether under the Customary Marumakkathayam Law applicable in the Malabar area prior to the passing of the Mappila Marumakkathayam Act 1939, is there any presumption that a gift (Streedhanam) to the Marumakkathayee female exclusively would enure to the tavazhi of her children together with lineal descendants in the female line, is the question that has come up for consideration in these cases.

2. Plaintiffs 3,4,5 and 8 are the appellants in AS.543/97 and defendants 5 to 9 are the appellants in AS.309/97. Suit is for partition. The first defendant, one Nabeesumma is the mother of first plaintiff and defendants 2,3 and 4. Plaintiffs 2 to 5 are the children of deceased Katheessumma who was the daughter of the first defendant. Plaintiffs 6 and 7 are the children of first plaintiff and 8th plaintiff is the daughter of the 4th plaintiff and defendants 5 to 8 are the children of 4th defendant and 9th defendant is the daughter of 5th defendant. Plaintiffs case is that plaintiffs and defendants 2 onwards formed a tavazhi under the first defendant. Plaint A-Schedule properties were the tavazhi property of the plaintiffs and defendants given to the first defen