JUDGMENT :

1. Heard C. A. Coutinho with Mr. I. Santimano for the Appellants and Mr. A. F. Diniz, Senior Advocate along with Mr. Ryan Menezes and Mr. Nigel Fernandes for the Respondents.

2. This appeal was admitted on 24.08.2012 on the following substantial questions of law:

(i) Whether the Courts below have misconstrued the agreement dated 1/03/1973 entered into between the appellants and the respondents to come to the conclusion that the agreement between the appellants and the respondents was a licence agreement.

(ii) Whether non-consideration of the fact that the agreement between the parties was not renewed for a period of nearly 25 years has vitiated the findings of the Courts below to the effect that the relationship between the appellants and the respondents is that of a licensor – licencee.

3. The appellants are the original defendants and the respondents are the original plaintiffs in Regular Civil Suit No.136/2002/D instituted in the court of the Civil Judge, Senior Division, Margao (Trial Court).

4. The plaintiffs had sought a declaration that the occupation of the defen