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3. Since the television has become popular therefore it is stated to be a matter of concern in the film trade and the respective associations of the distributors and producers have recognised the said telecasting rights and the Motion Picture Association which is a body looking after the interest have also issued various circulars from time to time to clarify that commercial rights in the distribution, exhibition and exploitation include in it the telecasting rights. The grievance of the plaintiff is that all of a sudden he was shocked to know the telecasting of the said film on Delhi Doordarshan on its national network on 2nd February, 1991. On enquiry it was revealed that defendant no.2 in utter disregard of that fact had telecasted the said film on Delhi Doordarshan on the said date. Since the telecasting rights wee illegal a civil suit was filed. During the pendency of that suit the defendants were restrained from receiving the payment the matter was settled and Rs.90,000/- was paid to the plaintiff by virtue of the compromise. Thereafter, the plaintiff had continued to enjoy the said rights.

1. Whether the defendant no.5 is a proper party? OPP
2. Whether the plaintiff's rights in picture 'Majboor' includes only theatrical rights and does not include telecasting on satellite rights? OPP
3. Whether during the subsistence of plaintiff rights in picture 'Majboor' defendant no.2 could assign the telecasting and satellite rights to any one including defendant no.3 and 5? OPP
4. Whether the suit of the plaintiff is not maintainable as alleged by the defendant? OPP
5. Whether the plaintiff is entitled to claim damages for the telecasting of the film 'Majboor', if so to what amounts? OPP

13. In addition to that reliance is being placed on the different circulars that have been issued pertaining to the said rights. One such circular relied upon is of 12th July, 1983 (Ex. P2) on behalf of the Motion Picture Association pertaining to telecasting of feature films on television in Delhi and UP circuit. It was observed that the rights of the feature film would include the telecasting rights. The resolution of 6th January, 1983 in this regard reads:-

"RESOLVED THAT it be recorded that the commercial rights of feature films under all circumstances, unless expressly excluded in any agreement, vested unconditionally with the distributors for exploitation in the Delhi-UP Circuit in all respects, including telecasting of such feature films on the Television which was entirely within the scope of the exploitation of commercial rights.
RESOLVED FURTHER THAT film distributors, in whose favor commercial rights of distribution/exhibition have been entrusted by the Producers, thus alone have the commercial rights of telecasting the picture on the Television and to enter into arrangement/agreement with the Television Authorities for such telecasting."

14. To the same effect is Ex.P3 of 15th April, 1983 pertaining to telecasting of feature film by Delhi Doordarshan and at RV centres and if it infringes the rights of the film distributors or not. Almost identical conclusion are arrived at and it reads:-