BIMAL CHANDRA BASAK, J.

( 1 ) THIS appeal is directed against a judgement and order passed by the learned single Judge of this Court whereby the application made by the appellant herein in August 1981 under u/s S. 56 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the Act) was rejected The case of the appellants as made out before the trial Court was that the appellants were the proprietors of the duly registered trade mark being the mark 'raja' being Nos. 144, 388 as of July 11, 1950 in Class 7. According to the appellants long prior to the enactment of any legislation on Trade Marks in India, the appellants had been manufacturing and marketing rice hullers and spare parts thereof under the trade mark 'raja' and the said goods under the said trade mark have acquired considerable popularity in the market. In November 1978 the appellants became aware of the manufacture and sale of rice hullers or parts thereof under the mark 'mahraja'. It appears that the mark of the respondent was also registered in Class 7 in the year 1978.

( 2 ) THE application was opposed and the respondent filed an affidavit-in-opposition to the said petition. The learned Judge dismis

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