Whether specific performance of an earlier Agreement to Sell an immovable property can be granted against the person who has subsequently purchased the subject property?

A. No. Once the immovable property which is subject matter of an Agreement to Sell is sold by the seller to a third person, the earlier Agreement to Sell is frustrated

B. A proposed buyer under an Agreement to Sell can seek specific performance of a contract to sell an immovable property even if the subsequent purchaser is a purchaser for value but with notice of the prior Agreement to Sell

C. Only if the immovable property which is subject matter of an Agreement to Sell is transferred during the pendency of the suit and not before filing of the suit

D. A proposed purchaser under the Agreement to Sell can file a suit against the subsequent purchaser of the property which is subject matter of the prior Agreement to Sell, but only if payment is made by the proposed purchaser by means of cheque or a bank draft

Answer: Option B