AMRITA DEVI Vs. SRIPAT RAI

JUDGEMENT

(1.) This is a plaintiffs' appeal from the judgment and decree of the learned District Judge, Allahabad.

(2.) The plaintiffs, the proprietors of the Bhargava Pustakalaya, Gaighat, Varanasi, brought the suit on the allegations that a novel called Nirmala was written by the famous Hindi Writer, Sri Prem Chand; R. Sehgal (who was impleaded as defendant No. 4 but died during the pendency of the suit) had paid the writing charges of Nirmala inclusive of copyright to Sri Prem Chand, and as the owner of the copyright, R. Sehgal printed and published the said work in 1947. Raja Ram Kumar Bhargava brought to sale in execution of his decree No. 28 of 1929 of Civil Judge's Court, Lucknow, against Rule Sehgal his copyrights in Nirmala and 131 other books. The plaintiff No. 2 purchased the copyrights in a public auction held by the court of Munsif, West, on the 1st December, 1944. A sale certificate, as provided by Order 21, Rule 81, C. P. C. was granted by the Munsif West, Allahabad, whereby the copyright in the book styled Nirmala along with 131 other books vested in the plaintiff No. 2 and the plaintiffs had the exclusive right of printing and publishing Nirmala. The defendants 1 and 2 sons of Sri Prem Chand had no right to interfere with the plaintiff's copyright in Nirmala, but they had infringed the plaintiff's copyright by printing, publishing and selling Nirmala on dates subsequent to the 1st December, 1944 and had not desisted from doing so in spite of the plaintiff's request.

(3.) The relief claimed by the plaintiffs were :