Gujarat High Court orders entry of lis pendens in Ahmedabad property revenue records

The Gujarat High Court has set aside an order passed by the Ahmedabad Mamlatdar, Sabarmati, and directed authorities to record a registered lis pendens document in the revenue records relating to a disputed property in Ellisbridge.

Justice Vaibhavi D Nanavati passed the order while hearing a petition filed by residents of Paldi challenging the decision of the city mamlatdar dated October 22, 2024, refusing to enter the lis pendens registration in the revenue records.

The dispute concerns Sub Plot No. 1 of Shanti Niketan Co-operative Society in the Ellisbridge area of Ahmedabad.

According to the petition, petitioner Aditya Deepakbhai Shah and another applicant had entered into an agreement on October 25, 2018, with property owner Mukesh Jagdishbhai Patel to purchase the plot. The petitioners claimed that ₹31 lakh had been paid and relevant documents handed over, but the sale deed was allegedly not executed despite repeated requests.

Subsequently, the petitioners initiated proceedings before the civil court and later registered a lis pendens document before the Sub-Registrar Office in Paldi on April 5, 2024, relating to the ongoing property dispute.

The petitioners then approached revenue authorities seeking entry of the registered document into the revenue records. However, the City Mamlatdar, Sabarmati rejected the request, prompting the petition before the High Court.

During the hearing, counsel for the petitioners argued that provisions relating to lis pendens under the Transfer of Property Act clearly permit such entries and are intended to protect third-party purchasers by informing them that litigation concerning the property is pending.

The High Court observed that the Mamlatdar’s order was contrary to established legal provisions and earlier judicial precedents.