JUDGMENT

DESAI, J.:—On a certificate granted by the Full Bench of the High Court of Kerala, original plaintiff, a Hindu widow who was seeking partition of a share to which her deceased husband was entitled, having lost in both the Courts, has filed this appeal. The High Court granted the certificate under Article 133 (1) (c) of the Constitution as in its opinion the following substantial questions of law arise from the judgment rendered by it:

1. Whether under the Mitakshara Law the parties are governed by customary law, and, in the absence of any rule of customary law on the point in question, by Mitakshara Law property can be divided, albeit by a family settlement, between tow artificial units of a joint family, one comprising the sons of father by his first wife, the first wife and his step mother, and the other comprising his son by his second wife and the second wife so as to constitute each unit into a coparcenary with rights of survivorship between its members; and

2. Whether the use of the word tavazhi (in any case a misnomer) in describing the two units in the will, Ext. P.1 left by the father and held to be the basis of the family settlement, is sufficient in the circumstan