- (1.) DEFENDANTS . Judgement This is an application under S. 56 of Trade and Merchandise Marks Act, 195S (Act No. XLII of 1958 hereafter referred to as the Act).
(2.) PARTIES are related to one another. Smt. Batti Kunwar, applicant No. 1 is the widow of one Lakshmi Narain. Munna Lal and Kamal Krishna, applicants Nos. 2 and 3 are two sons of Lakshmi Narain deceased. Chunni Lal, opposite party No. 1 is another son of Lakshmi Narain deceased. Rajendra Prasad and Surendra Kumar, opposite parties Nos. 2 and 3 are sons of Chunni Lal opposite party No. 1. The applicants case is that in the year 1912 Lakshmi Narain established a business of manufacturing and selling Pan-ka-Masala in the name and style of"Badshah Pasand Pan Ka Masala". The business was carried on at Kanpur. In 1950 Lakshmi Narain got the device of Lord Ganesh with other representation registered under the Trade Marks Act, 1940. That Trade mark was later renewed in the year 1957, In 1951 Lakshmi Narain got the words"Badshah Pasand" with the device of Lord Ganesh registered under another trade mark. Thirdly, in the year 1955, Lakshmi Narain got the label bearing his photograph and the words"Badshah Pasand Karyalaya, Morhatoll, Kanpur" registered. Lakshmi Narain was the absolute owner of all the three trade marks. Chunni Lal, opposite party No. 1, separated himself from his father Lakshmi Narain in the year 1932. Lakshmi Narain lived jointly with his two sons, Munna Lal and Kamal Krishna. Lakshmi Narain remained the owner of the business ail along. He died on 22-3-1959. Soon after Lakshmi Narains death, the opposite parties prevailed upon the applicants to enter into a so called agreement. That document was fraudulently obtained. On the strengh of that document, an application for substitution of names as Lakshmi Narains heirs was presented to the Registrar of Trade Marks, New Delhi. Names of the opposite parties were recorded in the Register of Trade Marks as legal representatives of Lakshmi Narain deceased. As a matter of fact, opposite parties have no concern with the three trade marks obtained lay Lakshmi Narain. The applicants have, therefore, prayed that names of the three opposite parties be expunged from the Register of Trade Marks in respect of the three trade marks in question. There is also a prayer for cancellation of the alleged deed of partnership, dated 23-3-1959.
(3.) THE opposite parties have filed a written statement. Their preliminary objection is that, this Court has no jurisdiction to try the suit.;