An expartee specific performance suit for value of Rs.22,000/- was obtained through fraud and forged documents. Please inform whether for filing a partition suit on property with collateral remedy of fraud with forgery is sufficient with normal stamp duty, or a declaration suit has to be filed. with Adv.court fee. If a declaration suit has to be filed for setting aside fraudulent decree whether court fee is payable on value of fraudulent decree or value of property on day of filing suit. . The property was under lease to a government corporation since 1960, and without taking possession, there were sales transactions during lease period without taking actual physical possession. Can the owner, real lessor's legal heirs are said to be in constructive possession by virtue of lease ? There were different opinions by different experts, and hence kindly provide any l atest citation in the regard.
