K P M SUDHRAM Vs. RATTAN PRAKASHAN MANDIR

JUDGEMENT

(1.) The plaintiff has instituted the present suit against defendants 1 to 3 for injunction, restraining them from printing, publishing and selling the specified books, rendition of accounts for the illegal gains made by the defendants for all unauthorised publications and for damages under the provisions of Ss. 55 and 57 of the Copyright Act, 1957 (for short called the Act).

(2.) The claim of the plaintiff in the suit in the nutshell is that he is a reputed author of the works known as:

(3.) It is pleaded that the plaintiff had merely granted a licence to defendants 1 to 3 as publishers and printers to publish, and print, the aforementioned books under the written agreement dated March 21, 1959, for the work at Sl. No. (a) and the Hindi version under the agreements dated Dec. 2, 1962 and Oct. 8, 1963 and Jan. 9, 1964 in respect of the books mentioned at Sl. Nos. (b) to (c) respectively and the other three books were being printed and published without any agreement. The aforesaid agreements had subsequently been terminated on April 17, 1973 and thus the Printers and publishers are not entitled to print or publish the books and accordingly a prayer is made in the suit for a decree for an injunction restraining the defendants from printing publishing or selling copies of the books. The plaintiff also claims a decree against defendants 1 to 3 for rendition of accounts of the illegal gains made by defendants 1 to 3 for all the unauthorised publications. The plaintiff also claims an award of damages of Rs. 10,000 for the loss of reputation suffered by the plaintiff.