L SURESH Vs. P RAVI

JUDGEMENT

(1.) This Original Side Appeal is filed under Order XXXVI Rule 11 of the Original Side Rules read with Clause 15 of the Letters Patent, challenging the order dated 12.8.2002 and modified by order dated 27.11.2002 in O.A.No.409 of 2001 in C.S.No.327 of 2001.

(2.) Following are the few facts that are relevant for the disposal of this appeal. A Tamil picture titled "Rahasiya Police 115" (hereinafter referred to as the "said picture") was produced by one B.R.Panthalu and the "said picture" was released on 11.1.68 through various distributors. The said B.R.Panthalu entered into an agreement on 29.9.71 with M/s Sandhya Movies, for assigning the lease hold negative rights of exhibition, distribution and exploitation of the picture for the areas of Union of India, Island of Ceylon, Malaysia, Singapore, Hong Kong and Mauritius for a period of 30 years from the date of the agreement. The relevant clause in the said agreement for the disposal of the appeal is clause 13, which reads thus:-

(3.) Subsequent to the said agreement dated 29.9.71, the said M/s Sandhya Movies entered into a further agreement with the appellant/plaintiff herein on 2.4.73. By the said agreement, the appellant/plaintiff was given the leasehold negative rights for the picture for a period of 28 years and 5 months from 2.4.1973 to 28.9.2001. The relevant clauses in the said agreement for the disposal of the appeal are as follows:-