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Ramesh vs. Smt. Geeta

Regular Second Appeal · 2026:DHC:8803Decided 6 Oct 2026New Delhi Bench
RSA 69/2019CNR: DLHC010164502019
Justice Neena Bansal Krishna

Background

The respondent had won a lower-court decree for possession of a flat and a mandatory injunction against the appellant. The appellant argued a certain document actually represented a disguised sale of the property to him rather than what the respondent claimed, a loan with the property documents handed over merely as security, and that, as a disguised sale, the deal was illegal and void.

Decision Breakdown

The High Court agreed with the lower courts that the document recorded only a loan transaction, not a sale, so the appellant's argument about an illegal/void sale (under Section 23 of the Contract Act) didn't apply. Since the respondent was relying on her own allotment rights rather than enforcing the disputed document, and the appeal really just disputed how the evidence had been weighed, no substantial legal question arose, and the second appeal was dismissed.

Lesson Learnt

A second appeal to the High Court is not a chance to re-argue the facts of a case: it succeeds only where there's a genuine, substantial question of law, not merely disagreement with how the lower courts assessed the evidence.

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