CHATRAPATHY SHANMUGHAM Vs. S RANGARAJAN DECEASED

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree by the learned single Judge passed in the suit, C.S.No.161 of 1993 dated 28.8.2003. The suit was filed praying for declaration that the plaintiff is the absolute owner of the copy right of the play 'Naai Vaal' and for consequential permanent injunction.

(2.) THE brief facts of the case of the plaintiff are as follows: THE play 'Naai Vaal' is the original creation of the plaintiff and he is the original owner of the said play. By proceedings dated 4.1.1984, the script of the play was approved by the Commissioner of Police, Madras. THE play was staged at 'Swami Sankaradas Kalai Arangam', Madras on the auspices day in Annai Sathya Nataka Manram, presented by Vetrivel Kalaikulu on 8.3.1984. THE plaintiff claims that he is the absolute owner of the copy right of the said story and the script. A Cinamatograph Tamil film titled 'Ore Oru Gramathile' was produced by the 1st defendant and directed by the 3rd defendant. THE theme of story of the said film is the same as that of the approved script of the plaintiff's play 'Naai Vaal'. THE story of the said film is purported to have been written by the 2nd defendant. THE plaintiff came to know that the defendants have violated the copy right of his drama. By notice dated 1.10.1990, the plaintiff claimed the collections and earnings made by the defendants from exhibiting the said film. Since the same has not been complied with by the defendant, the suit came to be filed seeking for the above said declaration and permanent injunction.

(3.) ON the aforesaid pleadings, the learned single Judge framed seven issues as listed hereunder: (1) Is the plaintiff entitled to a declaration that he is the absolute owner of the coy right of the play 'Naai Vaal'" (2) Is the plaintiff entitled to a permanent injunction restraining the defendants form in any manner infringing the copy right by way of exhibition and exploitation of the cinematograph film 'Ore Oru Gramathile' as claimed by the plaintiff" (3) Is the relief of permanent injunction sought for by the plaintiff barred by limitation since the suit has not been filed within three years from the date of release of the film all over the State of Tamilnadu on 19.5.1989" (4) Is the plaintiff disentitled from seeking the equitable reliefs of declaration and injunction on account of the fact that the suit had been filed after an inordinate delay" (5) Is there any similarity between the script of the plaintiff's play 'Naai Vaal' and the script of the film 'Ore Oru Gramathile' produced by the 1st defendant" (6) Is the plaintiff entitled to the relief of rendition of true and correct accounts of the collections and profits made from the exploitation of the fi8lm 'Ore Oru Gramathile'" (7) What reliefs are the parties entitled to"