MINOR KALIMUTHU Vs. V K ARUMUGHAM

JUDGEMENT

(1.) THE Original Side Appeal has been filed by the petitioner as appellant against the order and decretal order dated 24.11.1993 and made in O.A. No. 118 of 1993 in O.P. No. 89 of 1993 on the file of the High Court, Madras.

(2.) THE facts that are necessary for disposal of this Original Side Appeal are as follows:-

(3.) THE fact also remains that the business carried on under the name and style of "Sun Beedi Factory" was changed as "Sun Beedi Traders" during the life time of V.K. Kaliappa Gounder and after constitution of "V.K. Kaliappa Gounder and Sons". After the death of V.K. Kaliappa Gounder, one of the partners of V.K. Kaliappa Gounder and his Sons, the remaining partners V.K. Arumugham, V.K. Sivaprakasam and V.K. Shanmugham who reconstituted the partnership firm V.K. Kaliappa Gounder and Sons, had submitted a requisition under the Act for entering the names of the above said 3 partners of V.K. Kaliappa Gounder and Sons in the Register of Trade Marks as proprietors of the trade marks 1 to 22 to which there are conflicting claims between the sons and grand-sons of V.K. Kaliappa Gounder. THE above said three partners, viz., V.K. Arumugham, V.K. Sivaprakasam and V.K. Shanmugham had sworn affidavits and annexed to the above said requisition. In the affidavits filed by them, it is specifically stated that a fresh partnership was constituted on 29.5.1986 as per the deed of partnership dated 11.6.1986 comprising the remaining partners V.K. Arumugham, V.K. Sivaprakasam and V.K. Shanmugham, after the death of their father V.K. Kaliappa Gounder on 28.5.1986 and are continuing the business without any interference and the above registered trade marks and they are alone entitled to the exclusive right to use the trade marks in question as subsequent proprietors. It is also stated in the above said affidavits that V.K. Subramani voluntarily retired at will and has started a cigarette factory.