NAV SAHITYA PRAKASH Vs. ANAND KUMAR

JUDGEMENT

(1.) These two first appeals arise from the judgments and decrees of the District Judge Sultanpur, dated 30th October, 1974, disposing of two suits Nos. 6 of 65 and 8 of 66.

(2.) The relevant facts briefly stated are these. Late Sri Ram Naresh Tripathi was an eminent scholar of Hindi and a poet of repute. He wrote a number of books. He was carrying on business at Allahabad in the name and style of Hindi Mandir Prayag. Ram Naresh Tripathi died in. January, 1962 leaving behind his three sons and his widow Smt. Udaiwanti devi. On his death, the business was shifted to Sultanpur. Amongst others, one of the books which had been written by late Sri Ram Naresh Tripathi was SAPNA 'Khandkavya'. This book had gained reputation and popularity in the market. It had also been prescribed by the Delhi University as a Text Book for the Degree of Bachelor of Arts.

(3.) On 7-9-65. Anand Kumar and Jayant Kumar, the two sons of Pt. Ram Naresh Tripathi, brought suit No. 17 of 67 against three defendants. The defendants 1 and 2 were the Printers and Publishers of the book named SAPNA whereas the third defendant was their own brother Basant Kumar. The allegations made in the plaint were that on 25th August, 1965, the defendant No. 1 without any right and consent of the plaintiffs clandestinely got the book printed by defendant No. 2 and dishonestly wrote "Hindi Mandir Prayag" with a view to cheat the public. By having published the said book, the defendants 1 and 2 had infringed the copyright of the plaintiffs of the aforesaid book SAPNA and were liable to make good the loss suffered by them. The allegations made further were that Basant Kumar defendant No. 3 had colluded with defendants 1 and 2 and had given them licence to publish and sell the book SAPNA written by Ram Naresh Tripathi, Defendant No, 3, according to the plaintiffs, had no power or authority to grant licence to the defendants 1 and 2 for publication and sale of the book. On these pleadings, the plaintiffs claimed the relief of injunction, damages and accounting.