J B KHANNA AND COMPANY Vs. S ASAD

JUDGEMENT

(1.) THIS Original Side Appeal filed by the appellant/ defendant is directed against the Judgment and Decree passed by the learned single Judge dated 24.08.2001 in C.S.No.13 of 1989.

(2.) THE learned single Judge in his Judgment and Decree dated 24.08.2001 in C.S.No.13 of 1989 has held that the respondent/plaintiff is the owner of the copyright in respect of the pictures Lake Louis and photograph of Tiger and granted relief of permanent injunction restraining the appellant/defendant from manufacturing, printing, selling or offering for sale the said pictures and further directed the appellant/defendant to deliver to the respondent/ plaintiff all the pictures so far manufactured by him within one month from this date and also held that the respondent/plaintiff is entitled to a sum of Rs.1,00,000/- as damages for the piracy committed and ordered that the relief of accounting shall be considered separately under Order 20 Rule 17 C.P.C..

(3.) THE further plea of the respondent/plaintiff is that when he went to Europe and U.S.A. on a visit, he visited Lake Louis in Canada some time in July 1987 and took a photograph of scenery of the said lake and therefore, the copyright in relationship to the said picture absolutely vests with him and that the appellant/defendant, a dealer in pictures and photographs and who sells on mass scale such picture very cheaply after pirating other people's work and makes a fortunate in the process for such piracy he has purposely omitted certain features and added few words and then sold the product and that the respondent/plaintiff suspects that the appellant/defendant should have obtained the prints produced the Print Systems and Products and after cleverly deleting some portions reproduced the same by adding certain words to the said prints and that the appellant/defendant had committed piracy in respect of the aforesaid two photographs and after cutting of certain portions of the original selling the same on mass scale and making huge profits etc.