Specific Performance: Self-Serving Statements On Income Without Any Proof Of Financial Resources Won't Suffice To Prove Readiness & Willingness: SC [Read Judgment]

The Supreme Court has observed that self-serving statements on income without any proof of financial resources is not sufficient to prove that plaintiff in a suit for specific performance was ready and willing to perform her part of the contract.In this case, the plaintiff, in order to prove her readiness and willingness, produced in evidence the approval of loan by a bank. The Supreme Court has observed that self-serving statements on income without any proof of financial resources is not sufficient to prove that plaintiff in a suit for specific performance was ready and willing to perform her part of the contract. Such self-serving statements without any proof of financial resources cannot be relied upon to return a finding that the appellant was ready and willing to perform her part of the contract. Therefore, mere fact that the bank has assessed the financial capacity of the appellant while granting loan earlier in respect of another property is not sufficient to discharge of proof of financial capacity in the facts of the present case to hold that the appellant was ready and willing to perform her part of the contract.