( 1 ) THIS appeal by Mohd. Rafiq and Mohd. Shafiq is directed against the order of the learned Single Judge whereby an application filed by the appellants against Modi Sugar Mills Ltd. respondent under section 107 of the Trade and Merchandise Marks Act 1953 (Act No. 43 of 1959) (hereinafter referred to as "the Act") for rectification of register of trade marks was dismissed.

( 2 ) THE registretion of trade mark "sun" in respect of lanterns and globes for lamps was obtained with effect from May 10, 1954 by Modi Supplies Corporation Limited in the name of Modi Lanterns Works, Modi Nagar. The respondent-Company was registered as the subsequent proprietor of that trade mark with effect from May 25, 1956. The registration was renewed for a period of seven years with effect from May 19, 1961. A suit was instituted on March 31, 1962 by the respondent-company against the appellants in the Court of District Judge, Delhi, for permanent injunction and rendition of accounts and damages on the allegation that the appellants had started manufacturing and selling lanterns under the trade mark "sunshine" It was stated that the manufacture and sale of lanterns under the trade m