Pajan Singh Gill FCJ:

A question was framed for consideration of this court by the appellants on the following issue. " Do ss. 12 to 16 of the Specific Relief Act 1950 provide a comprehensive code by way of saving to the consequences of frustration that may otherwise affect a contract in which a portion of the subject matter cease to exist at the time of performance ? "

We answer the question in the affirmative. However, in order to appreciate our reasons for doing so, a brief chronology of events that lead to this poser is pertinent.

The appellants (Wong Siew Choong Sdn Bhd) at all material times were the registered and beneficial owners of a piece of land held under Lot No. 129, Section 44, Town and District of Kuala Lumpur measuring approximately 100,934 square feet hereinafter referred to as (the said land). The appellants agreed to sell the said land to the respondents (Anvest Corporation Sdn Bhd), principals of M/s Appraisal (M) Sdn Bhd, who were the registered real estate agents at the material time.

On 11 October 1988, the respondents' agent Appraisal (M) Sdn Bhd wrote to the appellants to confirm the terms and conditions of the sale of the said land. The appellant