Basave Gowda vs Basave Gowda And Ors. on 3 July, 1951
This is not, however, of any consequence as the Article properly applicable to the case is Article 116 even if the sale is held to be effected by the father as guardian of the plaintiffs. That Article provides a period of 12 years from the date the alienee takes possession of the property for a suit by a Hindu governed by the law of Mitakshara to set aside alienation by the father of ancestral property. The suit in the present case is exactly of the kind mentioned in that Article and the words in columns' thereof clearly apply to it. Comparatively the words in Article 44 are general as the guardian whose transfer is to be set aside may be the parent or any other but Article 126 refers in particular only to alienation by the father. It is an established rule as observed by Jenkins C. J. in 'Madras Steam Navigation Co. Ltd. v. Shalimar Works, Ltd', 42 Cal 85 "that a general article does not govern when there is a particular article which covers the case".