By this Second Appeal, the appellants challenge the judgment and decree dated 20.10.2004 passed by IIIrd Additional District Judge, South Goa, Margao in Regular Civil Appeal No. 176/2001 by which the judgment and decree dated 31.10.2001 passed by Civil Judge, Junior Division, Margao in Regular Civil Suit No. 59/1990/D has been set aside.

2. The Appellant is the original plaintiff in the above suit filed by the Mr. Joao Necessidade Roque, Antonio Vas seeking reliefs of eviction of the respondent no.1/defendant from the suit premises and for demolition of the garage and the fence constructed by the defendant and to restore the land to its original condition. Mr. Joao Necessidade Roque, Antonio Vas expired during the pendency of the suit and his legal representatives namely the appellants and respondent nos. 2 and 3 were brought on record.

3. The parties shall hereinafter be referred to as per their status before the trial Court.

4. The plaintiff filed the above suit against the defendant alleging that the defendant was licensee in respect of the southern portion of the house bearing no. 115 situated at Loutulim in the property belonging to the plaintiff and his sister (here