JUDGMENT

I. P. Mukerji, J. - Eleven hindi cinematograph films are involved in this appeal. They are:-

1. Do Badan. 2. Babu 3. Yahudi. 4. Awara Baap. 5. Duniya. 6. Bombai Ka Babu. 7. Aaj Aur Kal. 8. Teen Devian. 9. Dushman. 10. Loafer. 11. Dhanwan.

2. A commercial film in our country is never complete without a string of songs. A scene where actors are singing a song is filmed. Thereafter, the song from the sound track is attached to that part of the film, so that it runs with the scene, matching the lip of the actor and the picturization.

3. The respondents/defendants (respondents) claim the complete right of exploitation of these movies. They claim the audio, video and sound recording rights. They also assert that they are exclusively entitled to broadcast, publish, download and stream these works. The appellant/plaintiff (appellant) on the other hand says that several years ago and more than 50 years ago in the 1960's in some cases, they (which includes their predecessor-in-interest) had acquired from the producers of these films the exclusive right to play, broadcast, publish, reproduce in other media, the songs in audio form and other sound recordings in these films. They also had