1. The question arising for decision in this case is whether under the customary marumakkathayam law which obtained in the Malabar area prior to the passing of the Madras Marumakkathayam Act there is a presumption that in the case of a gift, bequest or acquisition made by a person in the sole name of his marumakkathayee wife or in the joint names of the wife and one or more of her children to the exclusion of some others the benefit of such transaction is to enure to the tavazhi consisting of the wife and all her children together with the lineal descendants in the female line. This case has been referred to a Full Bench because of an apparent conflict between the views expressed on the said question in two Division Bench rulings of this court. In Prabhakara Menon v. Gopala Menon and others 1960 KLJ.161 a Division Bench consisting of M. S. Menon, J. (as he then was) and T. K. Joseph, J. while dealing with a case from the Malabar area observed that "in the case of gifts by a Nair husband or father to his wife or children or to the wife and some children the courts in Travancore and Madras have been taking the view that the gift would enure to the tavazhi. In Lakshmi Amma