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1971 Supreme(Mad) 82

S.MAHARAJAN
A. Sundarasan – Appellant
Versus
A. C. Thirulokchandar – Respondent


Advocates:
V.P. Raman and P. Sivasankaran, for plaintiff.
S. Jayakumar and K. Venkateswara Rao, and Short and Bewes, for defendants.

JUDGMENT:-The plaintiff sues for declaration that he is the owner of the copyright in a Tamil story, ‘nazhuval’ written by him, for a permanent injunction restraining defendants 1 and 2 from exploiting a film, ‘Iru Malargal, which is said to be a reproduction of the plaintiff’s story, and for recovery of damages to the tune of Rs. 40,000. The defendants in their answers deny the basis of the plaintiff’s claim. Seven issues were framed by Palaniswamy, J., on 6th August, 1970. On the 13th November, 1970, the second defendant filed an additional answer raising the additional plea that the suit is not maintainable for non-registration of the plaintiff’s copyright in the story ‘nazhuval’.

2. The following additional issue No. 8 is framed:

"Whether the plaintiff’s suit, is not maintainable for non-registration of his copyright in the story ‘nazhuval’?

3. Preliminary arguments were advanced upon issue No, 8, and I shall proceed to give my finding thereon.

4. Admittedly, the plaintiff, whose story was published in the issue of the ‘Ananda Vikatan’ dated 19th May, 1963, has not registered his copyright therein. The contention of the second defendant is that although the plaintiff might have acq


























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