NAJMA HEPTULLA Vs. ORIENT LONGMAN LIMITED

JUDGEMENT

(1.) This order will dispose of the plaintiff's application under Order 39, Rules I and 2 for an injunction restraining the defendants from breaking the seals of the covers in which the complete book INDIA WINS FREEDOM is lying and will also dispose of an application under Order 39, Rule 4 being I.A.1750 of 1988 for vacation of the ad interim ex parte injunction by which defendants 1, 3 and 4 had been restrained from breaking the said seals of the covers of the aforesaid book.

(2.) The Plaintiff, claiming herself to be one of the legal heirs of late Maulana Abul Kalam Azad, has filed the present suit for rendition of accounts and injunction. The main relief is sought against defendant. No. 1 M/s Orient Longman Limited which is a publisher of repute and with whom an agreement had been entered into by Professor Humayun Kabir, who had been Maulana Azad's admirer, close associate and who is claimed, by his daughter defendant No. 6, to be the real author of the book INDIA WINS FREEDOM

(3.) In order to appreciate the points in issue, it is necessary to set out the background in which the present controversy occurs.