JUDGMENT :

P.T. ASHA, J.

1. The unsuccessful plaintiff is the appellant before this Court.

2. The suit O.S. No. 289 of 1996 was instituted by the appellant on the file of the VII Assistant City Civil Court, Chennai seeking the following reliefs:

“(a) for declaration that the plaintiff is the lawful owner of the shares mentioned in the schedule hereunder and consequently the transfer of the schedule mentioned shares in favour of the present owners is null and void and not binding upon the plaintiff.

(b) directing the defendant to transfer the schedule mentioned shares to and in favour of the plaintiff.

(c) for permanent injunction restraining the defendant, its agents, employees or its men from processing or effecting the transfer of the shares mentioned in the schedule hereunder.”

3. It was the case of the appellant that he was regularly dealing in shares through his stock broker, M/s. Bafna Investment Consultants. In the course of this trade he had purchased 1500 equity shares of face value of Rs. 10/- of the 1st respondent company. The shares were delivered under delivery note dated 18.02.1993. Along with the shares, the requisite document for transferring the same in the name of the ap