Dr. Arvind Kumar Joshi vs Jai Narain Vyas University on 10 March, 2022
Admittedly, no agreement was executed on stamp paper,
therefore, the appellant could not avail loan of Rs.50
lakhs from ICICI. Independent of such loan, there is mere
statement that appellant and her husband have income of
Rs.80 lakhs per annum unsupported by any documentary
evidence. Such statement will be in the nature of ipsi
dixit of the appellant and/or her husband and is without
any corroborating evidence. Such self- serving statements
without any proof of financial resources cannot be relied
CS DJ 60109/2016 Arvind Kumar Vs. Jai Narain And Ors. Page No. 14 of 34
upon to return a finding that the appellant was ready and
willing to perform her part of the contract. The appellant
has not produced any income tax record or the bank
statement in support of her plea of financial capacity so
as to be ready and willing to perform 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. Such is the
finding recorded by both the courts below as well. "