K.R.SHRIRAM,J. - (1.) Plaintiff had produced and released a film by name "Deewar" way back in the year 1975. The film was super hit in those days. Plaintiff had engaged the services of well known composer late Mr.R.D.Burman for the purposes of composing the underlying musical works/tunes for the songs/sound recordings of the film "Deewar" which included the song titled "Keh Doon Tumhe".
(2.) All the copy rights for the entire World for the music, tunes for all songs composed for the film Deewar including the song "Keh Doon Tumhe" vested with and came to be owned by plaintiff pursuant to the contract of service dated 3.4.1974 between plaintiff and late Mr.R.D.Burman.
(3.) Plaintiff had also engaged the services of a well known lyricist Sahir Ludhianvi for the purposes of composing the underlying lyrics for the songs/sound recordings of the film Deewer which included the song titled "Keh Doon Tumhe". All copyrights of Lyrics of all songs of the film Deewar including the song "Keh Doon Tumhe" came to be owned and vested in the plaintiff pursuant to a contract of service dated 3.4.1974 executed between the plaintiff and Mr. Sahir Ludhianvi. Thus plaintiffs became the owner of the copy rights of the underlying lyrics and musical work i.e., the tune of the song "Keh Doon Tumhe" and is alone entitled to exploit the same or authorize the exploitation of the same in any manner. This was not disputed by defendants' counsel. ;