(i) The plaintiff is a Hindu Religious and Charitable Institution. They own properties all over Tamil Nadu and some other States. The income derived from the property is used for carrying out the charities and religious functions. The suit property was leased to the fourth defendant in the year 1986 for annual lease of Rs.400/- and the third defendant, the Commissioner, Inam Karur Municipality, Kulathupalayam, Karur Taluk attempted to take possession of the property from the plaintiff for formation of road. The plaintiff objected the same and filed a suit in OS.No.763/1996 before the District Munsif Court, Karur, seeking permanent injunction. The fourth defendant also filed a suit for permanent injunction in OS.No.190/1997 and inspite of the pendency of the suits, the third defendant, without any permission, has illegally encroached upon the property and laid a road, which is against the principles of natural justice. The plaintiff therefore decided to claim compensation from the third defendant, since the property has been taken over for public purpose. The third defendant occupied 13 cents of land, which extends to 5668 sq. ft. The plaintiff issued notice to the defendants under Section 80 of Civil Procedure Code seeking compensation at the rate of Rs.25/- sq. feet. However, the plaintiff was not compensated by the defendants. Hence, the plaintiff filed a suit in OS.No.221/2001 before the Subordinate Judge, Karur, claiming compensation of Rs.2,02,335/-.
