MANAGING DIRECTOR Vs. SMT. CHANDRAKUMARI

JUDGEMENT

(1.) 'Father Damien' became internationally known by his selfless service to lepers in the Island of Molokai. But the film depicting his life became known only by the string of litigations and the present Appeal Suit is one amongst them.

(2.) O.S. No. 1289/1985 on the file of the Court of the Munsiff of Thiruvananthapuram was a suit filed by one Mr. Gladstone against the husband of the plaintiff and the defendant. Ext.B6 decree therein inter alia directed the husband of the plaintiff to hand over the print of the film 'Father Damien' along with music track and picture negative to Mr.Gladstone. O.S.No.1968/1987 on the file of the Court of the Munsiff of Thiruvananthapuram was yet another suit filed by the plaintiff against the defendant which was decreed ex-parte. Ext.A32 decree therein mandated the defendant to deliver the picture negative, sound negative and censor certificate negative of the film to the plaintiff. The present suit has been filed claiming damages to the tune of Rs.50 lakhs for the alleged loss sustained on account of the delay in returning the film negatives bailed.

(3.) The defendant contended that it lost possession of the goods bailed evident by Ext.B8 attachment list in Ext. B7 execution petition filed to execute Ext.B6 decree. There is no fault of the bailee in returning the goods bailed and the damages allegedly sustained for not being able to exploit the film in time is fanciful. The plaintiff was examined as PW.1 and PWs. 2 to 4 were examined to prove the bailment as also the probable income and loss sustained for not being able to exploit the film. The defendant was examined as DW.1 and DW.2 was examined to prove that it was the husband of the plaintiff who was the bailor and not the plaintiff. The trial court decreed the suit to the tune of Rs. 20 lakhs in favour of the plaintiff against which the defendant has filed this Appeal Suit on various grounds.