( 1 ) THESE are two connected appeals under Section 76 of the Indian Trade Marks Act. Appeal No. 62 of 1954 has been filed by Shri Satya Deo Cupta, Proprietor of Roop Bilas Co. , while the other appeal No. 69 of 1954 has been filed by the Amritdhara Pharmacy against Shri Satya Deo Gupta. The relevant facts, which have given rise to these appeals, may be shortly stated : on the 19th of July, 1950, Shri Satya Deo Gupta filed an application for registration of a trade mark in respect of a biochemical medicine in class 5 for registering his trade mark as "lakshman dhara. " This application was advertised in the trade marks journal and an opposition was put in by the Amritdhara Pharmacy. The case of the opposition was that in the year 1901 Pt. Thakur datt Sharma started preparation and sale of an ayurvcdic medicine and called it by the name of amritki-Dhara. Later on in 1903, he altered this-mark and started the use of the name of "amritdhara" and from that date onwards, that name has been constantly used as a trade mark for that medicine. According to the evidence sales of this "amritdhara" continued to rise till in 1911 they were over a lac of rupees a year. In 1947, the