1. These two appeals have arisen out of two suits for partition under the provisions of the Madras Marumakkathayam Act, 1932 and have keen referred to a Full Bench for decision, and though they are between different parties, they raise similar questions and may be conveniently disposed of by this common judgment.

2. The facts which pertain to A.S. 354 of 1953 (M) may first be stated. Meenakshi Amma deceased had two daughters, the plaintiff and Madhavi Amma deceased, and a son Sankunny Nair. The plaintiff has three sons, Narayanan Nair, Sivaraman Nair and Krishnan Nair. Madhavi Amma's daughter is the first defendant and defendants 2 to 7 are the latter's children. On a partition of their main tarwad which took place in the year 1941 evidenced by Ext. B-10, Sankunny Nair and the plaintiff's sons, each took his share separately, but the plaintiff and defendants 1 to 7 took theirs, as one group. In the year 1948, the plaintiff executed a deed of gift, Ext. B. 7, for all her properties in favour of the first defendant. O.S. 39 of 1950 in the Court of the Subordinate Judge at Ottapalam, out of which this appeal arises, was instituted for partition of the plaintiff's share, sta