Property’s ‘actual use’ is sine qua non to determine ‘commercial’ dispute: Rajasthan HC dismisses appeal against return of plaint over lack of jurisdiction
“The appellants have admitted in the plaint that they have been using the suit premises for the purposes of their trade and commerce for the last more than 10 years. When the parties entered into the said agreement to sell in respect of the suit premises, appellants were in possession of the shops as tenants and were using the same even then for their trade and commerce.”