( 1 ) THIS R. F. A. preferred under Section 96 of the Civil Procedure Code is directed against the judgment and decree dated 23-3-1996 passed in o. S. No. 10472 of 1993 on the file of the III Additional City Civil Judge, mayo Hall, Bangalore (for short, 'the Court below' ). The appellant is the defendant in the suit. The suit was filed by the respondent herein for partition of the suit schedule property by metes and bounds and for separate possession.

( 2 ) THE case of the plaintiff is as follows: the plaintiff is the wife/widow of late M. C. Parameshwaran Nair the defendant is the son of M. C. Parameshwaran Nair through his first wife, late Kanakalatha by name M. C. Parameshwaran Nair died intestate on 29-2-1992 at Bangalore leaving behind the plaintiff and the defendant as his only surviving heirs to succeed to the suit property which was his self-acquired property. M. C Parameshwaran Nair was employed in Indian Airlines The suit schedule property is a residential building consisting of ground and first floor. The defendant is in occupation of the ground floor and he has let out the first floor to a tenant. The defendant was illtreating the plaintiff even during t