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The plea of the plaintiff in the plaint/IAs

4. The plaintiff claimed that he also watched the episode of the said show featuring the 1st defendant, was interested in the inspiring ::4:: MSR,J & TA,J cma_355_2020 &batch life story of the 1st defendant, and approached the 1st defendant and entered into a Life Story Rights agreement dt.19.11.2017 ( Ex.P1) for assignment of 1st defendant's true life story events in favor of the plaintiff so as to enable the plaintiff to direct/make a feature film in any language in the world as against which the plaintiff had agreed to pay Rs.12 lakhs; later another Life Story Rights agreement dt.19.3.2018 ( Ex.P3) was entered into by plaintiff with the 1st defendant to enable the plaintiff to make a biopic/feature film based on the true life story of 1st defendant. The 1st defendant also executed Ex.P.4 - 'No Objection Certificate' and a declaration letter dt.19.03.2018 in favour of the plaintiff stating and confirming that the plaintiff had bought / acquired exclusive True Life story events of the 1st defendant to make a biopic / feature film and that the plaintiff is the only authorized person to make a screenplay / story of true life story events of the 1st defendant. Under Ex.P.5 - Acknowledgment, part consideration of Rs.5.5 lakhs was also paid by the plaintiff to the 1st defendant for the transfer of the true life story of the 1st defendant to the plaintiff. According to the plaintiff, he intended to make a feature film on the real life story of the 1st defendant.

25. According to them, on the plaintiff's own admission, the lead protagonist in the said film is the 2nd defendant's character and that relevant life story rights have been granted to the 5th defendant through an agreement dt.19.05.2018. They claim that the film introduces fictionalized events also and contended that incidents in relation to the 1st defendant can also be used by them since no person can claim monopoly over any facts or events that are available or known in public domain.

69. In our opinion, there is prima-facie material on record in the form of Exs.P.17 and P.19 to show that the character of 1st defendant exists in the film 'Jhund' being made by the defendants 3, 5 and 7, and that the 1st defendant, after he entered into the agreement Ex.P1 dt.19.11.2017 and Ex.P3 dt.19.3.2018 with the plaintiff ::25:: MSR,J & TA,J cma_355_2020 &batch exclusively selling his life story events to him, also sold his life story rights to the defendant no.3 for use by defendants 5 and 7.

95. In the instant case also, prima facie the 1st defendant Akhilesh Paul would fall in the category of celebrity, and when he has executed Ex.P-1 dt.19.11.2017 and Ex.P3 dt.19-03-2018 Life Story Rights Agreements with the plaintiff after receiving consideration from the plaintiff assuring the plaintiff that the plaintiff will be exclusive rights owner for filming his true life story events on screen in any language in the world and he also sold/assigned to the plaintiff exclusively for ever all motion picture rights for filming his true life story events, the plaintiff is certainly entitled to enforce the same as his assignee.