JUDGMENT

Costello, J. - Three persons Niladri Nath Mukherji, Himadri Nath Mukherji and Bindhyadri Nath Mukherji who were the grandsons of Rai Bankim Chandra Chatterjee Bahadur who died on 8th April 1894, brought the suit out of which this appeal arises, against Satish Chandra Mukherji who is described as the proprietor of the 'Basumati' and of the Basumati Press and Basumati Sahitya Mandir, and as carrying on business as book-seller and publisher, and also against Brojendra Sundar Banerji who is the first cousin of the three plaintiffs and so also a grandson of Rai Bahadur Bankim Chandra Chatterjee. The three plaintiffs are the sons of Sm. Nilabja Kumari Debi, and the defendant Brojendra is the son of Sm. Sarat Kumari Debi. Those two ladies are the daughters of Rai Bahadur Bankim Chandra Chatterjee. The plaintiffs sued for recovery of damages which they assessed at one lac of Rupees for infringement of the copyright in the works of Bankim Chandra who was a well-known Bengalee litterateur, and the author of a large number of books, a list of which was set forth in para. 1 of the plaint.

2. Brojendra Sunder Banerjee, defendant 2 as the purported owner of the copyright in the works of h