1. This second appeal arises in a suit by the first plaintiff, and her son the second plaintiff, to set aside a sale deed dated the 6th Mithunam,1118, by the second defendant who is the mother of the first plaintiff, in favour of the 1st defendant. The property sold belonged to the tarwad of the second defendant and was allotted to her on partition which took place on the 8th Medom,1104. The first plaintiff was not born at the time. The plaintiffs impugned the sale deed as not binding on the tavazhi of the second defendant to which the property was said to belong. The first defendant contended that by the partition, the property belonged to the second defendant absolutely. Relying on the decision of the majority of the judges of the Travancore-Cochin High Court in Iravi Pillai Parameswaran Pillai v. Mathevan Pillai Ramakrishna Pillai (1954 KLT. 862), the courts below decreed the suit. The correctness of the decision of the majority in the case cited, was doubted by my learned brother Madhavan Nair, J., and on a reference made by him, this appeal has been heard by us. The majority of the judges had held in the case cited that property obtained by a Nayar female towards h