( 1 ) THE defendant in o. S. No. 1 /91 on the file of the District Judge, kurnool, aggrieved by the Judgment and decree, dated 30-1-1995, preferred the present appeal. The respondents herein are the plaintiffs in the said suit. The suit was instituted under Sections 105 and 106 of the trade and Merchandise Marks Act, 1958 praying for the relief of permanent injunction restraining the appellant herein-the defendant, his men, agents from using the offending trade mark photo Hussain Basha beedilu or using similar trade mark of the plaintiffs or making use of such labels or passing off the goods-Beedies of the defendant with such mark and also further prayed for an order to deliver up all the infringing labels and marks available with the defendant to the plaintiff for destruction and also further prayed for awarding of damages of Rs. 1,000/- for passing off the goods and for such other suitable reliefs. The learned judge on appreciation of the evidence of p. Ws. 1 and 2 and D. Ws. 1 to 3, Exs. A-1 to a-17 and Exs. B-1 to B-11, decreed the suit granting permanent injunction restraining the defendant and his men for using the offending trade Mark or similar Trade Mark with the design,

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