1. This revision is directed against the finding on issue No. 2 in O.S.2 of 1986 of District Court, Trivandrum. The plaintiff is the revision petitioner.

2. The suit has been filed under S.105 of Trade and Merchandise Marks Act, 1958. The plaintiff is an institution by name "Santhigiri Ashram" represented by its secretary. The allegation in the plaint is that 'Santhigiri Ashram" was founded about 25 years ago for the uplift and spiritual development of men. It is a registered organisation having its branch Ashrams at Palarivattom, Kallar and Sultan Battery. The important activity of the plaintiff is in the medical field and medicines are manufactured and patients are treated both as inpatients and outpatients. "Santhigiri" is the Trade Mark designed by the plaintiff for the last more than 8 years in the medical field. The plaintiff further alleges that on 2-2-1986, the defendants published as advertisement in Kerala Kaumudi daily that an institution in the name and style "Santhigiri Health Complex" would be inaugurated by a Minister. The use of the word "Santhigiri" was done with malicious intention of passing off their institution, service and products as that of the pl