SHAMSUDDIN, BALAKRISHNA MENON
Madhavan – Appellant
Versus
S. K Nayar – Respondent
1. The plaintiff in O.S. No.1 of 1978 on the file of the District Court, Tellicherry, is the appellant in this appeal. The above suit was filed for a declaration that the plaintiff was entitled to the exclusive copy right in the literary work of 'Alayazhi' and that the Cinematograph film 'Avalute Ravukal' was an infringement of the plaintiff's copyright, and also for an injunction restraining the defendants from distributing or exhibiting or in any other manner dealing with the above said film and for rendition of account of the profits made by the distribution and exhibition of the film.
2. The facts that give rise to the above suit are as follows: The first defendant is the Editor, printer and publisher and the 2nd defendant is the Senior Assistant Editor of a weekly 'Malayalanadu' published from Quilon. The plaintiff is a postgraduate and a teacher working in Kanhanged Durga High School. According to him, he is engaged in literary pursuits and is a poet and a writer of repute and his poems and stories have been published in several magazines and journals of standing. The plaintiff used to make regular literary contributions to the weekly 'Malayalanadu' and because of
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