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1958 Supreme(Mad) 368

P.V.RAJAMANNAR, GANAPATIA PILLAI
S. M. Syed Haji Abdul Rahiman & Co. , Madras – Appellant
Versus
C. H. Kizar Mohamed & Co. , Madras – Respondent


Advocates:
S.T. Srinivasagopalachari, for Appellant.
T.S. Krishnamurthi Ayyar, for Respondent.

Rajamannar, C.J.-

This is an appeal against the Judgment and Decree of Ramaswami Goundar, J., in a suit filed on the Original Side of this Court, C.S. No. 223 of 1950, by the respondents, C. H. Kizar Mohamed & Company, in the following circumstances: The plaintiffs are a registered firm of merchants carrying on lunghi business in Madras. The defendants are a firm of merchants carrying on business in Moore Street, Madras. The plaintiffs alleged that their business consisted in the manufacture and sale of a special class of cloth known as lunghi, kylie and sarangs, that their business had been established and had been in existence for over 8 years and their goods have become well-known in many places and territories; that from about the year 1913, the plaintiffs had been using for their goods a trade mark the outstanding feature of which was a chair printed on a label. A specimen of the label was appended to the plaint and marked as Exhibit A. The plaintiff alleged that their goods with the trade mark of the said description had acquired a special name and fame for the quality and genuineness in the markets throughout India and outside India. It was further alleged by them that they



























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