Bhuneshwar Prasad Sharma vs Smt. Suryamukhi Devi And Ors. on 30 January, 1987
In Sharda Prasad (supra) it has been held that the Prescribed Authority has to first record a preliminary finding that the building was bona fide required by the landlords and that in the absence of such a finding the order could not be legally sustained. Dealing with Explanation (1) to Section 21(1) it was held that the Explanation only dispenses with the requirement which is embodies in the proviso, namely, 'taking into account likely hardship of the tenant' as against the likely hardship to the landlord from the refusal of the application and that only this part of the procedure which enjoins a comparison of the respective needs of the landlord and tenant is dispensed with by the explanation but its effect must be circumscribed within this limit. It cannot be projected farther so as to suspend the existence of the preliminary condition enshrined in the substantive part of Section 21(1)(a) which makes a consideration of the bona fide requirement of the landlord imperative."