Instant second appeal is directed against the judgment and decree dated 25.08.2000 passed by the 03rd Additional District Judge, Jalgaon in R.C.A. No. 43/1995 confirming the judgment and decree dated 13.01.1995 passed by the Civil Judge Senior Division, Jalgaon in Spl. C. S. No. 49/1985 refusing the relief of specific performance of contract based on the agreement dated 06.05.1974 and registered agreement dated 10.02.1984.

FACTS :

2. The appellant/Kasturbai Patil, the plaintiff filed a suit for specific performance of contract against the original defendant No. 1 Lilabai Patil stating that, Lilabai had entered into a contract with her to sale the suit land on 06.05.1974 for Rs. 25,000/-, out of which Rs. 5,500/- was paid as earnest money and possession was also handed over to her. The agreement was executed on behalf of her minor children for legal necessity. Lilabai was to obtain necessary permissions for the execution of the sale deed. Time was not the essence of contract. After taking possession, plaintiff spent lot of money for making improvements of the fallow land. Since Lilabai started obstructing plaintiff/Kasturbai, R.C.S. No. 202/1976 for injunction was filed. She