79. Distraint to be proportionate to arrear and list of property to be served on owner and copy sent to sale officer.
(1)Unless the demand is immediately satisfied, the distrainer may distrain property to the amount of the arrear [with interest] [Inserted by the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] and the costs of the distress and shall forthwith prepare a list or description of the said property, date and sign the same, and without delay serve it on the defaulter in the manner provided in the preceding section for the service of a written demand, and a copy of such list or description, together with a copy of the written demand and account, shall be sent by the distrainer within ten days of the service of the demand on the distrainer to the public officer hereinafter called the sale officer empowered under [the [Tamil Nadu] [Substituted for Madras Act VIU of 1839' by section 3(1) of, and the Second Schedule to, the Madras Repealing and Amending Act, 1951 (Madras Act XIV of 1951).] Rent and Revenue Sales Act, 1839 (Tamil Nadu Act VII of 1859)] to sell property distrained for arrears.(2)[If any person other than the defaulter notifies the distrainer that he is the cultivator or the owner of the property] [Substituted for 'If the distrainer has notice that the cultivator is some person other than the defaulter' by section 51 (ii) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).], a copy of the demand and of the list or description of the property shall in like manner be served on or [delivered to such person in all cases in which the property distrained consists of -(a)any crops or other products of the earth standing or ungathered on the holding; and(b)any crops or other products of the earth which have grown on the holding and have been reaped or gathered and are deposited on the holding or on a threshing floor or place for treading out grain or the like, whether in the fields or in a homestead.]
