MOHINI MOHAN SINGH Vs. SITA NATH BASAK

JUDGEMENT

(1.) The plaintiff is the author of a book entitled Adarshalipi-O-Saral-Barna-Parichay" which was first published in 1902 and has seen numerous editions since then. In 1919 the defendant published two books called "Nutan Patsala Adarshalipi Prathambhag" and "Nutan Maktab Adarshalipi Prathambhag" respectively. This suit was instituted for injunction and damages on the ground that the plaintiff's copyright in his book had been infringed by the defendants by the publications aforesaid. The suit was dismissed in the first instance, but on an appeal by the plaintiff to this Court that decree was set side and the suit ordered to be tried further, upon the ground that the relative situation of the parties had not been correctly appreciated by the trial Court. This Court held that upon statutory presumption as also on admission the plaintiff's copyright in his book had been established, and the question whether there was infringement thereof needed determination. Such further trial, it was directed, should be held in the light of opinion of experts who might be appointed commissioners to investigate and report on the matters in issue.

(2.) The further trial directed by this Court having been held, the Additional District Judge made a decree granting the plaintiff a perpetual injunction restraining the defendants their agents and servants from printing, publishing and selling their two books and further from doing any other act infringing the plaintiff's copyright, and also for destruction of all copies of the said books and the plates, etc., in respect thereof and has also given the plaintiff a decree for damages for a sum of Rs. 2,425. The defendants have then appealed to this Court and there is a cross-objection on behalf of the plaintiff..

(3.) On behalf of the appellants it has been contended that both as to form and substance the materials -in their books, just as much as the materials in the plaintiff's book, are matters of common knowledge, the books of both the parties merely embodying what is ordinarily taught to children and in the order in which it is taught, and that it is not possible to make any variation in respect of such materials either in their substance or in the manner of their presentation. It is said that both the parties thus derived their materials from non-copyright sources. It has been said that the similarities that are noticeable in the rival books are inevitable and are not sufficiently indicative of a desire to make the defendant's two books, a colourable imitation of the plaintiff's book. It has further been urged that where the mode of presentation or illustrations admit of a variation, there is abundant evidence of such variation in defendants, books, which shows the independent, exercise of industry, intelligence and skill on their part just as much as the plaintiff has done in his book.