( 1 ) THIS appeal by the plaintiffs arises out of a suit for declaration of title of the plaintiffs' 7/8th share in respect of two hundred shares of the New Darjeeling Union Tea Co. , Limited, (defendant No. 1) and for mutation of the plaintiffs' names in the share register of the said company, for recovery of the dividends and for a permanent injunction restraining the said company from paying any dividend to defendants Nos. 2 and 3.

( 2 ) THE plaintiffs' case is that in Money Suit No. 36/31 the plaintiffs obtained a decree against one Kazi Md. Ismail and 9 others and in execution of that decree (which was Money Ex. Case No. 29/ 32) auction purchased 7/8th share of shares Nos. 4818 to 5017 of the defendant company on 28-3-32. Thereafter the plaintiffs obtained a share transfer deed executed by the Court in terms of Order 21, Rule 80, and wrote to the defendant no. 1 in 1940 asking lor information as to what should be done to get their names mutated. As there was no reply to that letter the plaintiffs in 1941 complained to the Registrar Joint Stock Company who after enquiries informed the plaintiffs that the shares stood in the name of Rajani Kanta Mukherjee (deceased)