1. This Second Appeal is by the plaintiffs 1 and 2 and arises out of a suit for partition among the members of a Nair Tarwad hailing from the Travancore jurisdiction. We are concerned only with the availability of items 2 and 3 for purpose of partition and that depends upon the question whether the presumption applicable in that jurisdiction to the case of Makkathayam gift applies at all to a gift by the father's tarwad and if so, whether it applies when the gift took place after the Nair Act of 1088 had come into force. In view of the importance of the question this appeal has been referred to a Full Bench.

2. The 2nd defendant Narayani Amma is the seniormost member in the tarwad, being the mother of the 1st defendant and Parvathi, deceased, whose children are the 1st plaintiff and 3rd defendant. The plaintiffs 2 and 3 are the children of the 1st plaintiff. There were four items scheduled to the plaint and claimed to be available for division among the plaintiffs 1 to 3 and defendants 1 to 3. Items 2 and 3 were gifted under Ext. I dated 4.8.1089 in favour of the 2nd defendant alone by her father's brother and other members of his tarwad "on account of love and affection