M.H. BEG, J. : The appellant Sheo Ratan Upadhya filed a complaint against the respondents, Gopal Chandra Nepali, Manager Sarvahitaishi Company, a publishing house of Varanasi, and Mahadeo Prasad, the proprietor of Deepak Press of Varanasi, for an alleged infringement of the copyright of a work called"Shri Mahabharat" in Nepali language which was written by the complainant's father, Pandit Narendra Nath Upadhya. The book was first published in 1929 through the sarvahitaishi Company during the life time of its author who died on 19th June 1950. The complainant, the eldest son of his father, does not seem to possess personal knowledge about the publication or sale of the book and states in his complaint that he was busy with his studies until recently. When he tools up the management of the affairs of the family. The complainant alleges that his father had told him that he had never sold the copyright of the abovementioned work, which is mere hearsay and an admission in his own favour.

2. The complaint was filed on 31-10-1961, eleven, years after the death of author, on the allegation that the complainant had gone to the market and found a number of copies of a work entitled"M