JUDGMENT

B.P. Singh, J. - This appeal by Special Leave is directed against the judgment and order of the High Court of Delhi at New Delhi dated March 25, 1998 in F.A.O (O.S.) No.39 of 1993, whereby the Division Bench of the High Court dismissed the appeal preferred by the appellants herein against the order of the learned Single Judge dismissing their objections to the report of the Chartered Accountants who had valued the share of Respondent No.1– Company, and directing the implementation of the settlement arrived at between the parties on 9th June, 1988. This Court while granting special leave by its Order dated March 19, 1999 restricted the appeal to two issues only as recorded in the order of this Court dated August 10, 1998, namely issues relating:-

"(a)The portion of the Golf Links property which was in the possession of N.N. Nanda.

(b)Modification of the Division Bench order so that it is stated that the company shall challenge the imposition of capital gains tax, if any provided funds for that purpose are furnished by the appellants".

2. To appreciate the background in which the two aforesaid issues arise, it is necessary to refer to the factual background of the case. The re