( 1 ) RULE. Mr. Mengdey, learned AGP waives service of rule for respondent Nos. 1 and 2 and with the consent of the learned advocate appearing for both the sides, the matter is further heard today.

( 2 ) THE only question, which arise for consideration of this Court is whether the action of the Mamlatdar denying entry of a registered document for lis pendens is legal and valid or not"

( 3 ) THE short facts of the case are that as per the petitioners, they have filed Special Civil Suit No. 209/05 in the Court of learned Civil Judge (SD), Ahmedabad, for the specific performance of the contract and as per the petitioners, the said suit is pending and therefore, the notice of lis pendens was got registered by the petitioners as per the document (Annexure-B), which has been registered vide registration No. 5302 dated 20th June, 2006, of the Joint Sub-Registrar, SRO, Ahmedabad-2, Vadaj. After the document was registered, the petitioners submitted application to the Mamlatdar, Dascroi for entering of the said document. However, Mamlatdar, as per the communication dated 19. 07. 2006, informed to the petitioners that as per the provisions of Section 18 of the Transfer of Properties Act, there is no provision for registration of lis pendens and therefore, the application of the petitioners cannot be accepted. It is under these circumstances, the petitioners have approached to this Court.

( 4 ) WHENEVER, the Suit pertaining to immovable property is filed, the provisions of Section 52 of the Transfer of Properties Act are applicable on the principles of lis pendens in normal circumstances. However, so far as Gujarat State is concerned, there is amendment by Bombay Act No. 14 of 1939 read with Act No. 57 of 1959, whereby, the notice of pendency of Suit or the proceedings are required to be registered. Section 52 of the Act read with amendment Act No. IV of 1882 for Gujarat State and Maharashtra reads as under :"52. Transfer of property suit relating thereto-During the pendency in any Court having authority within the limits of India excluding the State of Jammu and Kashmir or established beyond such limits by the Central Government of any suit or proceedings which is not collusive and in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit of proceeding so as to affect the rights of any other party thereto under the decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose. ""state AMENDMENTS whole of Gujarat and Maharashtra amendment of Section 52 of Act IV of 1882.-Section 52 of the Transfer of Property Act, 1882 shall be renumbered as sub-section (1) of Section 52 of the said Act, and 1. In sub-section (1) so renumbered after the word "question" the words and figures "if a notice of the pendency of such suit or proceedings is registered under Section 18 of the Indian Registration Act, 1908", and after the word "property" where it occurs for the second time, the words "after the notice is so registered", shall be inserted; and 2]. after the said sub-section (1) so renumbered the following shall be inserted, namely: " (2) Every notice of pendency of a suit or proceeding referred to in sub-section (1) shall contain the following particulars, namely: (a) the name and address of the owner of immovable property or other person whose right to the immovable property is in question; (b) the description of the immovable property, the right to which is in question. (c) the court in which the suit or proceeding is pending; (d) the nature and title of the suit or proceedings; and (e) the date on which the suit or proceeding was instituted. " (Bombay Act 14 of 1939, S. 3)"1]. If the provisions of Section 52 read with aforesaid amendment for Gujarat State are considered, the principles of lis pendens would apply to a transaction if entered after institution of Suit only, if such noti

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