1988 (8) TMI 433 - HC - Indian Laws

Summary

Issues Involved:
1. Author of the Book "India Wins Freedom"
2. Validity of the Agreement Dated 2nd September, 1958
3. Authority of Prof. Humayun Kabir to Execute the Agreement
4. Rights of the Legal Representatives of Maulana Azad
5. Application of Promissory and Equitable Estoppel
6. Interim Injunction and Balance of Convenience

Detailed Analysis:

1. Author of the Book "India Wins Freedom":
The primary issue was determining the true author of "India Wins Freedom." According to the plaintiff, Maulana Azad wrote the book, with Prof. Humayun Kabir assisting in its composition. Defendant No. 6, however, contended that Prof. Kabir was the sole author. The court examined the preface written by Prof. Kabir and concluded that there was active and close intellectual collaboration between Maulana Azad and Prof. Kabir. The court stated, "Both of them actively and intellectually collaborated in the compositions of the literary work." Thus, Maulana Azad and Prof. Kabir were regarded as joint authors.

2. Validity of the Agreement Dated 2nd September, 1958:
The plaintiff argued that Prof. Kabir had no authority to enter into the agreement with Orient Longmans. The court noted that the agreement was signed by Prof. Kabir, who was stated to be the composer of the book. The agreement provided for the publication of the book and the distribution of royalties. The court held that the agreement was valid, stating, "Having enjoyed the fruits of the said agreement for all these years the legal representatives of Maulana Azad are estopped from challenging the validity of the said agreement."

3. Authority of Prof. Humayun Kabir to Execute the Agreement:
The court examined whether Prof. Kabir had the authority to execute the agreement. It was noted that Fatima Begum, a legal representative of Maulana Azad, had signed a document on 29th May, 1958, agreeing to the arrangement made by Prof. Kabir with Orient Longmans. The court concluded that this action ratified Prof. Kabir's authority, stating, "The action of Prof. Kabir was ratified by Fatima Begum."

4. Rights of the Legal Representatives of Maulana Azad:
The plaintiff claimed that the legal heirs of Maulana Azad had the exclusive right to decide upon the publication of the complete book. The court noted that Fatima Begum and Nooruddin Ahmed, the legal heirs, had received royalties under the agreement. The court held that the legal representatives had acquiesced to the arrangement for nearly 30 years and were estopped from challenging it now.

5. Application of Promissory and Equitable Estoppel:
The court applied the principles of promissory and equitable estoppel, noting that the legal representatives had accepted royalties for nearly 30 years without objection. The court stated, "Having acquiesced to this arrangement, it is now too late for the legal representatives of Fatima Begum to undo the wishes of the author, Maulana Azad."

6. Interim Injunction and Balance of Convenience:
The plaintiff sought an interim injunction to restrain the defendants from breaking the seals of the covers of the complete book. The court vacated the ad interim injunction, stating, "The balance of convenience is against the plaintiff and no injunction should be granted." The court noted that the plaintiff's rights could be adequately secured by putting defendant No. 1 to terms, requiring them to give security before publishing the complete book.

Conclusion:
The court concluded that Maulana Azad and Prof. Humayun Kabir were joint authors of "India Wins Freedom." The agreement dated 2nd September, 1958, was valid, and Prof. Kabir had the authority to execute it. The legal representatives of Maulana Azad were estopped from challenging the agreement due to their long-term acquiescence. The interim injunction was vacated, allowing the defendants to publish the complete book upon providing security.