( 1 ) THIS appeal by the plaintiff is preferred against the judgment and decree dated 24-10-1986 passed by the learned additional Civil Judge, Shimoga in O. S. No. 10/1985 declaring that the plaintiff is the owner of one half of the suit properties and refusing to grant an injunction as prayed for and also further refusing to pass a decree for Rs. 8000/ -. The trial court has held that the plaintiff and the defendant are the owners of the suit properties and each of them is entitled to share them equally.

( 2 ) HAVING regard to the contentions urged, only two points arise for consideration. They are :1) Whether the trial court is justified in law in not giving effect to the will dated 10-7-1980 - Ex. P. 1- claimed to have been executed by Smt: nagamma ? 2) Whether the trial court is justified in law in not passing a decree for partition in conformity with the finding arrived at by it ?

( 3 ) THE will Ex. P. 1 as per the case of the plaintiff was executed by Smt. Nagamma on 10-7-1980 in favour of the plaintiff-appellant. It is unregistered. Ae per the terms of the will, it is the case of the plaintiff that he is entitled to be declared as owner of the suit properties