P. Govindan Nair, J.

1. In this appeal by defendants 2 to 4, from a decree in a suit for partition, the main point urged relates to the devolution of the property of an Ezhava female who died before the Ezhava Act came into force. The suit was instituted by several plaintiffs out of which the first and the 11th plaintiffs and defendants 1 to 5 are the children of one Nangeli Velumpi. Plaintiffs 1 and 11 who are daughters of Nangeli Velumpi have children of their own and the first plaintiff claimed for her thavazhi 10/40 shares in the plaint property and the 11th plaintiff claimed 25/40 shares in the plaint property. This claim has been decreed.

2. On behalf of the appellants, counsel contended that according to the principles of Marumakkathayam Law before it was modified by any legislation, a thavazhi of a woman meant herself and her children but not her children's children in the female line. It is admitted that on the death of Nangeli Velumpi in 1097, her properties devolved on her thavazhi. For the proposition that this thavazhi can consist only of her children, plaintiffs 1 and 11 and defendants 1 to 5, reliance was placed on the decision in Amina Beevi v. Vasudevan (1956