Rajamannar, C.J.-This appeal arises out of a petition filed by the first respondent, who will hereafter be referred to as the respondent, on the Original Side of this Court, under section 46 of the Indian Trade Marks Act, 1940, for a direction that the entry in the Trade Mark Register at Bombay registering the trade mark referred to in paragraph 4 of the petition in the name of the appellant under No. 126612 be expunged from the register and that the registration granted to the appellant under the said entry be cancelled. The petition was disposed of after contest by Ramaswami, J., who allowed the petition to this extent, namely, that he directed a joint registration of the trade mark in the name of both the appellant and the respondent. The respondent in the Court below is the appellant before us.

The facts which led up to the petition have been fully set out in the judgment of the learned Judge and it is sufficient to state only such of the facts as are essential for the disposal of this appeal. The appellant and the respondent are the sons of one Bolar Ramappa who was carrying on the business of manufacturing tiles in two factories, one called the Indian National Tile and Lime Wo

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