ORDER :- This is a original petition filed under Section 46 of the Indian Trade Marks Act, 1940 read with S. 24 of the aforesaid Act for directing that the entry in Trade Marks Register at Bombay registering the trade mark referred to in paragraph 4 of the petition in the name of the first respondent under No. 126612 be expunged from the registry and that the registration granted to the first respondent under the said entry be cancelled.

2. The parties in this case are businessmen and living at Mangalore, and, therefore, by consent of parties the oral and documentary evidence in this case has been recorded and filed before the Commissioner Mr. M.G. Kamath, Advocate, High Court, who has done his work well, and that evidence, by consent of parties is treated as evidence before me.

3. The facts are : The father of the petitioner and the respondent, Bolar Ramappa, who has been examined as P.W. 6 and who is now aged about 75, was a Mangalore the merchant. He started a the factory named Jayaram Tile Works somewhere about 1923 at Hoige (meaning sand) Bazaar in Mangalore. Some time later he started another the factory in Kudroli in Mangalore. Both, are suburbs of Mangalore town.

This