NEWSPAPERS LTD Vs. RATNA SHANKAR PRASAD

JUDGEMENT

(1.) THESE three appeals are directed against the common judgment and decrees of the First Addl. District judge, Allahabad dated 20th of April, 1974 in two connected suits and arise in the following circumstances.

(2.) LATE Sri Jai Sankar Prasad was a voracious writer. He has written dramas, novels, Essay, stories and poetry. By 16th of Dec. 1936 he had completed 24 books, on which date he entered into an agreement with the Newspaper known as 'Bharat'.

(3.) SRI Jai Shankar Prasad died on 15th of November 1937 leaving behind his son SRI Ratna Shankar Prasad. SRI Ratna Shankar Prasad had been accepting the royalty after the death of his father for sometime but by notice dated 21st of July 1957 he asked the Newspapers Limited to stop publication and sale etc. of the books of his father. By another notice dated 22nd of June 1964 he claimed to be the absolute holder of the Copyright. To give strength to his claim, Ratna Shankar Prasad also moved 25 applications for the registration of his name as a copyright holder. The Deputy Registrar, Copyright, New Delhi, allowed his application by his order dated 22nd of December 1971 and directed the entry of his name, but on appeal by the Newspaper Limited the order of the Deputy Registrar, Copyright dated 22nd of December, 1971 was set aside by the copyright Board.