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1980 Supreme(All) 298

K.C.AGRAWAL
NAV SAHITYA PRAKASH AND ORS. – Appellant
Versus
ANAND KUMAR AND ORS. – Respondent


K. C. AGRAWAL, J.

( 1 ) THESE two first appeals arise from the judgments and decrees of the District Judge Sultanpur, dated 30th October, 1974, disposing of two suits Nos. 6 of 65 and 8 of 66.

( 2 ) THE relevant facts briefly stated are these. Late Sri Ram Naresh Tripathi was an eminent scholar of Hindi and a poet of repute. He wrote a number of books. He was carrying on business at Allahabad in the name and style of Hindi Mandir Prayag. Ram Naresh Tripathi died in. January, 1962 leaving behind his three sons and his widow Smt. Udaiwanti devi. On his death, the business was shifted to Sultanpur. Amongst others, one of the books which had been written by late Sri Ram Naresh Tripathi was SAPNA khandkavya. This book had gained reputation and popularity in the market. It had also been prescribed by the Delhi University as a Text Book for the Degree of Bachelor of Arts.

( 3 ) ON 7-9-65. Anand Kumar and Jayant Kumar, the two sons of Pt. Ram Naresh Tripathi, brought suit No. 17 of 67 against three defendants. The defendants 1 and 2 were the Printers and publishers of the book named SAPNA whereas the third defendant was their own brother Basant kumar. The allegations made in the plaint wer


































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