R. B. Misra, J. - (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'. Under the agreement it was stipulated that Newspapers Ltd. at its own risk and expense would produce and publish the 24 books mentioned in the agreement and any other book that might be written, compiled or edited by the author in question; that during the legal term of restricted copyright the publishers shall have the exclusive right of producing and publishing the works and the author will not during the continuance of this agreement publish or permit to be published any other edition, translation or abridgement or extract of the works and the copyright of the works shall remain the property of the author. As a consideration of this agreement the publisher agreed to pay to the author a royalty of 20 per cent of the advertised retail price on all copies sold during the legal term of unrestricted copyright. The account was to be made up annually to 31st March and delivered on or before July 1st and settled in the ensuing September. The agreement dated 16th of December 1936 was entered at a time when the Imperial Copyright Act of 1911 and the Indian Copyright Act 1914 based on the Act of 1911 were in force. The said Acts were, however, subsequently repealed by the Copyright Act No. XIV of 1957, which came into force with effect from 21st of January 1958.
(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. The difference as between the parties culminated in two suits, one being Suit No. 4 of 1972 filed by the Newspapers Ltd. Allahabad against Ratna Shankar Prasad and Hindi Pracharak Sansthan; the other was Suit No. 17 of 1972 filed by Ratna Shankar Prasad against Newspapers Ltd. Allahabad. In the former suit the plaintiff, Newspapers. Ltd. sought a declaration that they had the exclusive fight to bring publication and sale of the entire works of late Sri Jai Shankar Prasad under the agreement dated 16th of December, 1936 and the registration of the copyright in favour of Ratna Shankar is ineffective in exercise of the rights of the plaintiff. There was also a prayer for permanent injunction restraining defendants, their agents, servants and representatives and assigns from printing, publishing and selling the works of late Sri Jai Shankar Prasad and from interfering with the plaintiff's right of printing publishing and selling the works of late Sri Jai Shankar Prasad and from infringing the aforesaid rights of the plaintiff in any other manner.;