( 1 ) THIS order will dispose of the plaintiff s application under Order 39, Rules I and 2 for an injunction restraining the defendants from breaking the seals of the covers in which the complete book INDIA WINS FREEDOM is lying and will also dispose of an application under Order 39, Rule 4 being I. A. 1750 of 1988 for vacation of the ad interim ex parte injunction by which defendants 1, 3 and 4 had been restrained from breaking the said seals of the covers of the aforesaid book.

( 2 ) THE Plaintiff, claiming herself to be one of the legal heirs of late Maulana Abul Kalam Azad, has filed the present suit for rendition of accounts and injunction. The main relief is sought against defendant. No. 1 M/s Orient Longman Limited which is a publisher of repute and with whom an agreement had been entered into by Professor Humayun Kabir, who had been Maulana Azad s admirer, close associate and who is claimed, by his daughter defendant No. 6, to be the real author of the book INDIA WINS FREEDOM

( 3 ) IN order to appreciate the points in issue, it is necessary to set out the background in which the present controversy occurs.

( 4 ) ACCORDING to the plaintiff, Maulana Azad, during his life time, wrote the aforesaid book INDJA WINS FREEDOM. It is clear that Prof. Humayun Kabir, father of defendant No. 6. was associated with the writing of the said book. According to defendant No. 6 the said book was composed and written by her father and he is the author thereof.

( 5 ) IT appears that the manuscript of the aforesaid book was ready for publication sometimes in November, 1957. Before the book could be published, Maulana Azad died on 22nd February, 1958. After that on 25th March, 1958 Prof. Kabir wrote to National Archives asking them whether they would be willing to act as trustees for the complete manuscript, including 30 pages which have not been published till today but were required to be published after 30 years of Maulana Azad s death i. e. after 22nd February, 1988. A similar letter was written by Prof. Kabir on 3rd April, 1958 to the National Library, Calcutta. On the National Archives, New Delhi and the National Library, Calcutta agreeing to keep the complete manuscript in their safe custody and to open the same only on or after 22nd February, 1988, one copy each of the complete manuscript in a sealed cover was sent by Prof. Kabir to the National Archives and the National Library.

( 6 ) AT the time when Maulana Azad died, two of his nearest relatives who were living were Fatima Begum and Nooruddin Ahmed. Fatima Begum was Maulana Azad s sister and the grand mother of the plaintiff and defendant No. 5 Nahid Siddiqui. Nooruddin Ahmed was Maulana Azad s nephew, his father, who was Maulana Azad s brother, having died much earlier. On 20th May, 1958 Nooruddin Ahmed and on 29th May, 1958 Fatima Begum signed two documents, which were identical, which purported to give their consent to the arrangements which had been arrived at for the publication of the aforesaid book, excluding the 30 pages which were lying in sealed cover with Orient Longman Limited.

( 7 ) ON 2nd September, 1958 an agreement was entered into between Prof. Humayun Kabir and Orient Longmans for the publication of the aforesaid book excluding the 30 pages, which were lying sealed with the National Archives and National Library. In the said agreement Prof. Kabir was stated to be the composer of the aforesaid book and it was mentioned the Maulana Azad bad, during his life lime, dictated and given certain notes to Prof. Kabir and out of that material Prof. Kabir had composed the book which had been approved by the late Maulana Azad. It was also mentioned that the complete book had been deposited with National Archives and National Library with instructions that the seals would be broken on 22nd February, 1988 and the complete book would be made available at that time. The said agreement provided for Orient Longmans to publish the work at their own expense and ris