Section 26
Relief against parties and persons claiming under them by subsequent title
Except as otherwise provided by this Chapter, specific performance of a contract may be enforced against—
(a)
either party thereto;
(b)
any other person claiming under a party to the contract by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract;
(a)
A contracts to convey certain land to B by a particular day. A dies intestate before that day without having conveyed the land. B may compel
A’s heir or other representative in interest to perform the contract specifically.
(b)
A contracts, in consideration of RM1,000, to bequeath certain of his lands to B. Immediately after the contract A dies intestate, and C takes out administration to his estate. B may enforce specific performance of the contract against C.
(c)
A contracts to sell certain land to B. Before the completion of the contract, A becomes mentally disordered, and C is appointed his committee.
B may specifically enforce the contract against C.
(c)
any person claiming under a title which, though prior to the contract and known to the plaintiff, might have been displaced by the defendant;
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(d)
when a public company has entered into a contract and subsequently becomes amalgamated with another public company, the new company which arises out of the amalgamation; and
(e)
when the promoters of a public company have, before its incorporation, entered into a contract, the company:
Provided that the company has ratified and adopted the contract and the contract is warranted by the terms of the incorporation.
Against whom Contracts cannot be Specifically Enforced