In Brief
The appellant sought specific performance of an agreement to purchase a residential property for Rs. 50 lakhs, having paid Rs. 1 lakh as advance. The courts below found she failed to prove readiness and willingness to perform. The Supreme Court dismissed her appeals, holding that self-serving statements about income (Rs. 80 lakhs annually) and bank loan approval (never disbursed) without supporting documentary evidence—such as income tax records or bank statements—cannot establish financial capacity. Bank approval for a different property does not prove capacity for this transaction. Discretionary specific performance was properly declined by courts below, whose concurrent findings of fact will not be reappraised in Article 136 appeals absent substantial illegality. The deposited amount was ordered returned with interest."
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