Landlord Can't Be Made To Suffer Indefinitely For Tenant's Misconduct: Delhi High Court Orders De-Sealing Of Property In Child Labour Case

Observing that the landlord cannot be made to suffer indefinitely due to misconduct of the tenant, the Delhi High Court has directed the Delhi government to de-seal a property which was sealed last year after it was found that the tenant had engaged children for his tailoring business. 

Justice Prathiba. M Singh said the petitioner is merely the landlady of the subject property and one of her sources of income is its rent.

"She cannot be made to suffer indefinitely due to misconduct of the tenant. Moreover, ld. Counsel for the Petitioner submits that the tenant has not paid even up-to-date rent, and the landlady has already suffered immensely. There are no allegations against the Petitioner of having been complicit in any manner with the tenant," said the court.

The petitioner had rented out the property to a person man last year. The tenant was found to have engaged children "in the business of stitching/tailoring" in the subject property. In February 2021, the premises was sealed by SDM, Vivek Vikar, DM Shahdara Office.

An FIR was also registered at Gandhi Nagar police station. The tenant is absconding, as per the police. During the inspection of various properties in the area, a total of 30 children were found to have been working in various premises.

The petitioner in the court argued that she cannot be made to suffer due to the misconduct of the tenant, and sought de-sealing of the property.

Observing that the petitioner ought to be permitted to use her property, the court said: 

"The concerned SDM is directed to de-seal the subject property. This de-sealing shall be subject to the condition that if the Petitioner, learns about the whereabouts of Respondent No.2 [tenant], she shall provide the information immediately to the concerned police authorities. The authorities are free to proceed and take action in accordance with law against Respondent no.2."

Title: FARIDA BEGUM vs GOVT. OF NCT OF DELHI THROUGH DY LABOUR COMMISSIONER & ANR

Citation: 2022 LiveLaw (Del) 1151

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