RAMESH SURI Vs. CUSTODIAN GENERAL OF EVACNEE

JUDGEMENT

(1.) This is Letters Patent Appeal against the order of the learned single judge by which he dismissed the writ petition and held that the right to receive royalty vested in the Custodian on the migration of the evacuee.

(2.) The predecessor in interest of the appellant, by an agreement between him and one Shri D. D. Dhawan and Sheikh Mohd. Abdula who were the co-authors of a book called 'New Method Matriculation Geometry' excuted in 1937 was given the publishing and selling rights of the book. The publisher also agreed to pay royalty at 2l/o on the first issue and 25% on the subsequent editions of the book. The agreement was signed in Lahore where one of the coauthors Shri D.D. Dhawan was residing. Sheikh Mohd. Abdula was residing in Delhi. It is a common case that Sheikh. Mohd. Abdula left Delhi as a result of partition in 1947 and is undoubtedly an evacuee, 10th Edition of the book was published in Lahore in May, 1949.

(3.) On 13.2.1960 the Assistant Custodian passed an order calling upon the appellant to pay Rs. 20,000.00 as share of the royalty due to Sheikh Mohd. Abdula in the said book. This order was admittedly passed without notice and without hearing the appellant Aggrieved against this order an appeal was filed before the Deputy Custodian General who dismissed the same on 17.5.1960 wherein it was held that the right of Sheikh Mohd. Abdula to receive royalty on the book automatically vested in the Custodian on migration of Sheikh Mohd. Abdula to Pakistan. The appellant filed a writ petition which failed and he has now come up in appeal.