( 1 ) THIS appeal is directed against a judgment and order dated May 9, 1973, directing rectification of the share register of a company known as Property Company (Private) Ltd. , and also issuing a mandatory injunction directing the company and the appellants to pay to the respondent all dividends accrued and declared in respect of 170 shares, an injunction restraining the company (the third appellant), its servants and agents from paying any dividend to any one other than the respondent and an order directing the appellants to hand over to the respondent the share scrips and/or duplicate share scrips in respect of 170 shares to the respondent.

( 2 ) IN 1943 the third appellant (hereinafter referred to as " the company ") was incorporated with an authorised capital of Rs. 12,00,000 divided into 1,,200 ordinary shares of Rs. 1,000 each. The issued share capital was Rs. 6,00,000 divided into 600 fully paid up ordinary shares of the face value of Rs. 1,000. The main object of the company was to purchase, take on lease or exchange or otherwise acquire land and buildings in Calcutta or elsewhere and to acquire the property situate at No. 1 and 1/1, Bishop Lefroy Road,