JUDGMENT :- Petition under S. 46 and S. 72 of the Trade Marks Act V of 1940 for rectification of the register of Trade Marks by expunging the trade mark No. 133588 containing the trade name "Manthithoppu".

1a. The first respondent, which is a firm of partners comprising of the second respondent and his sons, was originally doing business at Usilampatti, but subsequently shifted its business to Madurai. The firm was carrying on business in the preparation and sale of a medicinal oil described as 'Manthithoppu Manikatti Swamigal Sarvaroga Sanjivi thailam' The second respondent learnt the process of preparing the medicinal oil from Manikatti Swamigal of Inam Manthithoppu and got an exclusive right to manufacture and sell the said thailam within the district of Madurai by virtue of the agreement Ex. P.1 dated 27-1-1933 entered into with the said Swamigal. He got the label "Sarva Roga Sanjeevi thailam' marked as "A" in Ex P.2 registered under the document at Calcutta on 10-9-1934. He issued a notice of registration in respect of the same in the issue of the tamil paper "Jayabharathi" dated 18-11-1936 as evidenced by Ex. P.3 Subsequently he got the registered release deed Ex. P.4