Judgment

R.C. Lahoti, CJI.—I have gone through the judgment proposed by brother P.K. Balasubramanyan, J. I find myself in agreement with the conclusion arrived at by him and also with the reasonings assigned by him excepting for his opinion formed on the case of Nalakath Sainuddin v. Koorikadan Sulaiman (2002) 6 SCC 1, with which opinion I have not been able to pursuade myself to agree and in that regard I am constrained to record my separate opinion.

2. The decision of two-Judges Bench of this Court in Indra Perfumery v. Moti Lal & Ors. (1969) 2 SCWR 967 was not brought to the notice of the two-Judges Bench deciding Nalakath Sainuddin’s case (supra); else the former decision would have certainly received consideration of the Court in the latter case. I propose to deal with these two cases.

3. With respect to the learned Judges who decided Indra Perfumery’s case (supra), I have certain comments to offer on the case. It is a brief judgment which does not deal with the law in-depth. The impact of Section 109 of the Transfer of Property Act has not been considered. The doctrine of merger, well-accepted and well-established, has also not received the consideration of the Court in its expa