1. This appeal is by the defendants 1 to 4 in a suit for partition and the question is how far the rule as to the nature and incidents of puthravakasam property enunciated in Krishnan Nair v. Cheethamma,10 Cochin Law Reports 401 and since followed in the erstwhile Cochin jurisdiction is applicable to the case and if so whether it could not now be adopted. In view to the importance of the question raised this case has been referred to the Full Bench.

2. The plaintiffs 1 to 6 and the defendants 1 to 13 are the members of the Thavazhi of Madhavi Amma deceased. The 1st plaintiff and defendants 1 to 5 are the children of Madhavi Amma through her husband Parameswaran Pillai. Plaintiffs 2 to 5 are the children of the 1st plaintiff Lekshmikutty and the 6th plaintiff is the child of the 2nd plaintiff Thankamma alias Malathi. Defendants 6 to 13 are the children of the 5th defendant Narayanan. Parameswaran Pillai belonged to Kottayam in Travancore and had a flourishing practice as a lawyer attached to the District Court in Cochin. He had considerable properties both in Travancore and in Cochin and these he disposed of by Ext. A will dated 11.5.1094 which came into effect soon after