There are no merits in this appeal. The suit was for an injunction to restrain the defendant from infringing a registered trade mark. Admittedly one Mahomed Yoonus Sahib was the person in whose name the said trade mark was duly registered with the Registrar of Trade Marks, Bombay, the trade mark being “703 Yoonus Beedi”. Yoonus died on 8th May, 1953 and it is not denied that the plaintiffs-respondents are his heirs. After the death of Yoonus the plaintiffs continued to run his business and to manufacture and sell beedis under the said trade mark. They found that the defendant was also manufacturing and selling beedis under a similar trade mark. Hence they brought the action out of which this appeal arises. The only plea which was put forward with some force in the trial Court is that covered by the issue “Are the plaintiffs not entitled to bring this suit in the absence of registry in their name?” This plea was apparently based on two sections of the Trade Marks Act, 1940, sections 21 and 35. Section 21 inter alia provides that the registration of a person in the register as proprietor of a trade mark in respect of any goods shall give to that person the exclusive