JUDGMENT:

From the Judgment and Decree dated 21-12-1965 of the Kerala High Court in A.S. No. 403 of 1961.

The Judgment of the Court was delivered by 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:

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 circumstances, to establish an intention that the members of each unit were to take the property as coparceners and not as tenants-in- common, the grouping into units being only for convenient enjoyment?The factual background from which, according to the High Court the aforementioned two questions emerge for consideration of th