RITU SAXENA versus J. S. GROVER & ANR.

RITU SAXENA versus J. S. GROVER & ANR.

Self-serving statements regarding financial capacity without corroborating documentary evidence cannot be relied upon to prove readiness and willingness to perform contractual obligations for specific performance. Therefore, the findings of the courts below denying specific performance do not suffer from any illegality.

Parties
Appellant: Ritu Saxena; Respondent: J. S. Grover; Respondent: Veena Grover
Jurisdiction
India
Judgment Date
17 September 2019
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court
Outcome
Appeals dismissed.
Legal Topics
Specific Performance, Readiness and Willingness, Sale of Immovable Property
Contract Law Specific Performance Readiness and Willingness Sale of Immovable Property

Case Brief

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Parties

Ritu Saxena

Appellant

J. S. Grover

Respondent

Veena Grover

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court

Legal Issues

  1. 1 Whether the plaintiff proved readiness and willingness to perform her part of the contract for specific performance.
  2. 2 Whether self-serving statements regarding financial capacity without documentary evidence satisfy proof requirements for readiness and willingness.

Ratio Decidendi

Self-serving statements regarding financial capacity without corroborating documentary evidence cannot be relied upon to prove readiness and willingness to perform contractual obligations for specific performance. Therefore, the findings of the courts below denying specific performance do not suffer from any illegality.

Court Disposition

Appeals dismissed.

Orders

  • The amount of Rs.3.5 crores deposited by the appellant in terms of the order dated November 19, 2018, invested in FDR, is to be returned to the appellant along with accrued interest as per rules.