Section 77:
Proceedings against other immoveable property of defaulter.
(1) If the arrear cannot be
recovered by any of the processes hereinbefore provided, or if the Financial Commissioner considers the
enforcement of any of those processes to be inexpedient, the Collector may, where the defaulter owns any
other estate or holding, or any other immovable property, proceed under the provisions of this Act against
that property as if it were the land in respect of which the arrear is due:
Provided that no interest save those of the defaulter alone shall be so proceeded against, and no
incumbrances created, grants made or contracts entered into by him in good faith shall be rendered invalid
by reason only of his interests being proceeded against.
(2) When the Collector determines to proceed under this section against immovable property other
than the land in respect of which the arrear is due, he shall issue a proclamation prohibiting the transfer or
charging of the property.
(3) The Collector may at any time by order in writing withdraw the proclamation, and it shall be
deemed to be withdrawn when either the arrear has been paid or the interests of the defaulter in the
property have been sold for the recovery of the arrear.
(4) Any private alienation of the property, or of any interest of the defaulter therein, whether by sale,
gift, mortgage or otherwise, made after the issue of the proclamation and before the withdrawal thereof
shall be void.
(5) In proceedings against property under this section the Collector shall follow, as nearly as the nature
of the property will admit, the procedure prescribed for the enforcement of process against land on which
an arrear of land-revenue is due.