Chittalosh Mookerjee, J. - (1.) The Eastern Talkies Private Ltd. claiming to be the owner of the copyright of the cinematograph film, Sahar Thekey Durey including its story, scenario and dialogue had instituted in the Court of the District Judge, 24-Parganas, a suit under section 55 of the Copyright Act, 1957 against M/s. Sandhya Chitra and Smt. Lila Rani Devi. The learned Additional District Judge, 14th Court, Alipore had decreed the said suit in part against the defendants and has ordered that the plaintiff would get a decree of damages provisionally for Rs. 500/- against the defendant No. 1, M/s. Sandhya Chitra and the plaintiff would be entitled to get a further decree on ascertainment of amount of damages and on payment of additional Court-fees. The plaintiff's prayer for permanent injunction has been dismissed by the trial court.
(2.) M/s. Eastern Talkies Pvt. Ltd., the plaintiff above named being aggrieved by the said judgment and decree refusing its prayer for permanent injunction has presented F.A. No. 241 of 1980. M/s. Sandhya Chitra, the defendant No. 1, has also filed F.A. No. 242 of 1980 against the judgment and decree for damages passed against it.
(3.) We may first briefly set out the cases of the respective parties. The plaintiff company has averred that it was incorporated, inter alia, for the purpose of production, distribution and exhibition of films. In or about the year 1943 the plaintiff through its Managing Director had allegedly negotiated with late Sailajananda Mukherjee for getting written a story dealing with the social environment and life in villages in Bengal. Late Sailajananda Mukherjee had agreed and at the instance of the plaintiff it was, inter alia, agreed that for a total consideration of the sum of Rs. 10001/- out of which Rs. 1001/- was to be paid as earnest money for : (a) late Mukherjee would write the synopsis of such story in consultation with the plaintiff's Managing Director and also Sri Subal Dasgupta and Sri Sailen Roy, who were respectively to be the Music Director and the Lyricist of the proposed film, (b) late Mukherjee would write the scenario and dialogue also on such consultation and (c) late Mukherjee would direct the said film. The plaintiff alleged to have paid Rs. 1001/-as earnest money in terms of a written agreement which Bijan Kumar Majumdar B.C. Dutt and Sudhangsu Roy Choudhury for Appellant for Respondent was executed in duplicate. In pursuance of the said agreement and in consideration mentioned hereinbefore, the story was written and the film named and styled Sahar Thekey Durey was produced. The plaintiff claimed that late Mukherjee was paid the balance of the consideration money of Rs. 9000/-. The said film Sahar Thekey Durey was censored, released and published on 24th December, 1943. The picture had a unprecedented success. On the success of the said film at the request of the publishers, late Sailajananda Mukherjee consented to the publication of a novel in Bengali styled Sahar Thekey Durey. The said novel was claimed to be substantially and mainly based on the scenario of the film. The plaintiff's further case is that in April 1977 Sri Tarun Majumdar was the proprietor of the defendant No. 1, M/s. Sandhya Chitra, during a meeting had stated that he had been approached by the widow of late Sailajananda Mukherjee for the purchase of the filming rights of the novels written by him. Subsequently, the defendant No. 1, had applied to the Eastern India Motion Pictures Association for registration of the title of Sahar Thekey Durey written by late Sailajananda Mukherjee. The plaintiff had lodged a written objection. There was also correspondence between the parties. The plaintiff had received information that the defendant No. 1 had started the shooting of the film Sahar Thekey Durey based on the story/novel written by late Sailajananda Mukherjee in clear infringement of the plaintiff's copyright. Ultimately, on 5th June, 1978, the Eastern Talkies Private Ltd., instituted the suit under section 55 of the Copyright Act.;