A. RAJA Vs. V. MUTHULAKSHMI AND ORS.

JUDGEMENT

(1.) This is a plaintiffs Misc. First Appeal against the Order dated 07.12.2015 on I.A. No. 1 made in O.S. No. 9231/2015 on the file of the LIX Additional City Civil and Sessions Judge, Bengaluru City (CCH -60) dismissing the application for Temporary injunction filed by the plaintiff under Order XXXIX Rule 1 and 2 read with Sec. 151 of Code of Civil Procedure.

(2.) The plaintiff filed the suit for permanent injunction against the defendants mainly on the basis of the alleged agreement dated 18.05.2006 contending that the 1st defendant Smt. V. Muthulakshmi executed an agreement in favour of the plaintiff and the suit is a breach of confidence action. The plaintiff is the sole agreement holder to shoot and produce the incidents and antecedents which occurred in the life of Veerappan - Koose Muniswamy Veerappan popularly known as "Veerappan" who was said to be involved in Forest Offences and was a Bandit poacher dit, poacher and smuggler who carried out his activities in the forest of the Southern States Karnataka, Kerala and Tamil Nadu. He was involved in killing about more than 120 people and poached over 2000 elephants and smuggled sandalwood and ivory, he gained notoriety all over India and evaded arrest for nearly about 20 years.

(3.) It was further contended that after the death of Veerappan, the plaintiff who is involved in carrying of the business of production, direction, action in films and film industry for nearly three decades approached the wife (1st defendant) of deceased Veerappan and entered into an agreement with her on 18.05.2006 and secured the exclusive license to produce any movie and/or TV serial on the life of the said Veerappan. It was agreed between the parties that before screening the movie or the TV serial, she should be shown the movie or the TV serial. The plaintiff secured rights to produce and screen the movie and TV serial in the languages of Tamil, Telugu, Malayalam and Kannada. The plaintiff paid a sum of Rs. 10 Lakhs to the 1st defendant on 18.05.2006 while entering the agreement and the said agreement was initially valid for three years and if there is any delay the plaintiff has agreed to pay a sum of Rs. 5 Lakhs for every three years for a period of up to 15 years and on each occasion of renewal has endorsed and affixed her signature on the said agreement and the said agreement is currently in force. The plaintiff further contended that during the month of September 2015, the plaintiff heard that the defendants 2, 3, 4 and 5 have been producing movie under the title "Killing Veerappan" on the life of Veerappan and the same was being directed by the 6th defendant who was a known film movie maker in Mumbai. Therefore the plaintiff sought for information from the 1st defendant whether she has assigned rights in favour of defendant Nos. 2, 3, 4 along with GR films -the 5th defendant to produce and release the movie under the name and style "Killing Veerappan" by letter dated 14.10.2015. The 1st defendant responded on 18.10.2015 that she has not executed any Agreement or has given rights to shoot the incidents and antecedents' which occurred in the life of her husband Veerappan and categorically stated that if anybody produces film in Tamil, Telugu, Malayalam and Kannada or translation version it would be against law and further would be contrary to the agreement with plaintiff and she offered to give her full co -operation in seeking legal remedies.