REV MOTHER GENERAL Vs. PHILIP

JUDGEMENT

(1.) The question is whether the religious order known as the Third Order Apostolic of Our Lady of Mount Carmel and Saint Teresa having its headquarters at Ernakulam (for short, the Order) is entitled to the benefit of sub-s.(7) of S.11 of the Kerala Buildings (Lease and Rent Control) Act, 1959 (the Act) which runs thus:

(2.) The punctuation adopted by the sub-section (or rather the want of it) admits of its being read in two ways. The first and, we think, the correct way as if there were a comma after the word, "educational" and also after the word, "other" so that the adjectives, "religious", "charitable", "educational" and, "other" would qualify the term, "public institution" and the relevant clause of the sub-section would read, "religious public institution, charitable public institution, educational public institution, or other public institution". The second, as if there were a comma after the word, "educational" and after the word, "public", so that the adjectives "religious", "charitable", "educational", and, ''other public" would qualify the word, "institution" and the clause would read, "religious institution, charitable institution, educational institution, or other public institution" as if on the assumption that all religious, charitable and educational institutions were public institutions. On the first construction it would be necessary for the Order to show that it is a public institution; on the second it need only show that it is a religious institution, and, that not being disputed, there would be an end of the matter.

(3.) The word, "institution" is wide enough to cover an organisation which is in no sense public