S M PALANIAPPA CHETTIAR Vs. KONAR PUBLICATIONS

JUDGEMENT

(1.) SUIT for permanent injunction, rendition of accounts and surrender of stock in hand. Plaint allegations briefly stated are as follows:-

(2.) THE first defendant contested the claim of the plaintiffs by filing a written statement raising the following allegations:-

(3.) PALANIAPPA Chettiar originally started PALANIAPPA Brothers with the object of dealing in textbooks and other books connected with academic education. Since both of them were in Trichirapalli and PALANIAPPA Brothers have been engaged in publication of textbooks for school students, both Ayyan Perumal Konar and PALANIAPPA Chettiar became acquainted with each other even from the year 1941 and Ayyan Perumal Konar started publishing his notes which was then known as 'Tamil Examiner' through PALANIAPPA Chettiar and notes were published under the banner of PALANIAPPA Brothers. It seems from the evidence available, PALANIAPPA Brothers undertook publication of Tamil Examiner written and prepared by Ayyan Perumal Konar from 1949. There was no bickering and the pair did extremely well and they had established a good market for their publications 'Tamil Examiner' and the notes of Ayyan Perumal Konar became popular among the students of S.S.L.C. Ayyan Perumal Konar was working as Vidwan in St. Joseph High School and later only became a Professor in St. Joseph College, Trichirapalli. Originally Till 1956, Ayyan Perumal Konar only prepared notes for SSLC examination to help the students to acquaint themselves well in Tamil Public examination. What was originally started under the caption 'Tamil Examiner' was later known to be published as 'Konar Notes', the caption itself appears only in English even though notes was in Tamil and for the benefit of Students. From 1948 Konar Notes was becoming Popular among the students community and as the name itself indicates, it was only a notes or annotation prepared to help the students to understand the original textbook and literature then being prescribed for the students of public examination. It was the first plaintiff PALANIAPPA Chettiar, through his publications PALANIAPPA Brothers has been publishing books of Konar right from 1941 and this is also not disputed by the defendants.