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1971 Supreme(Mad) 448

K.VEERASWAMI, RAGHAVAN
Srimagal – Appellant
Versus
Books (India) – Respondent


Advocates:
M. A. Ghatala, V. Narayanaswami, K. R. Ramabadran, S. Krishnamurthi and S. Vaidyanatha Iyer, for Appellant; Adiga and Vasan. K. Keshavanath Davey and A. Krishna Rao, for Respondents.

Judgement

K. VEERASWAMI, C.J. :- The defendant appeals from a decree of Kailasam, J. granting the first plaintiff-respondent a sum of Rs. 2,500 by way of damages for infringement of the first plaintiff's copyright in the Tamil translation of the autobiography of the late Pandit Jawaharlal Nehru. It appears that some time in 1936, Thiru Sa. Ganesan had been permitted by Pandit Nehru to translate his autobiography in Tamil. But the relationship between Thiru Sa. Ganesan and the author was far from happy and on account of this fact Pandit Nehru in about 1955 authorised the first plaintiff to translate the autobiography and sell the same. The first plaintiff coming across sales of translations by the defendant exchanged notices in about 1959 complaining of infringement of his copyright and damages which eventually led to the suit. In July 1957 the defendant had printed 1200 copies of which 200 were said to be complimentary copies. Of the remaining 1000, 957 copies were sold by him which resulted in a profit of Rs. 2,000. In November 1957 the first plaintiff had printed 15000 copies of the book and made arrangements to publish the same as a popular edition at Rs. 3 a copy. It has been f








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