IN THE HIGH COURT OF BOMBAY AT GOA SECOND APPEAL NO. 66 OF 2008 MR. GOPI DATTARAM NAIK AND ANR., ... Appellants Versus MR. FAKROJI GOVIND GAWAS ... Respondent Mr. R. G. Ramani, Advocate for the Appellants. Coram:- N. A. BRITTO, J. Date:- 9th July, 2008 P.C.:- Heard Mr. R. G. Ramani, learned Counsel on behalf of the Appellants. The Appellants are Plaintiffs who had filed Special Civil Suit No.5/1987/B for a declaration that the business known as "Welcome Stores" was a partnership business between Plaintiff No.1, Plaintiff No.2 and the Defendant. Plaintiff No.2 is the brother of the Defendant and the latter is the brother-in-law of Plaintiff No.1. The case of the Defendant was that the said business was his exclusive proprietorship business. In support of the case, the Plaintiff examined six witnesses while the Defendant examined three witnesses including himself. It appears that it is Plaintiff No.1 who helped the Defendant to secure the premises for running the said business through P.W.2 but the fact remains that even the first payment, if I may use that expression, to pay the fees of P.W.2 were paid by the Defendant. The business as far as the documentary evidence is concerned is entirely shown in the name of the Defendant including the lease being executed in his favour in respect of the premises as well as other documents pertaining to the establishment. Both the Courts below after analysis of the evidence produced have come to the conclusion that the business of Welcome Stores exclusively belongs to the Defendant. If the business was of partnership between three persons, the evidence of Plaintiff No.2, though a brother of the Defendant, would be of utmost importance to the Plaintiffs to prove their case of partnership. There is no reason forthcoming as to why Plaintiff No.2 was not examined by the Plaintiffs to prove the case set up by them. In view of concurrent findings rendered by both the Courts below that the business of Welcome Stores exclusively belongs to the Defendant, in my view, no interference is called for. It may be noted that Plaintiff No.1 has three other businesses known as "Sea View Stores", "Gift Corner" and "Naik Trading Corporation". No substantial questions of law as formulated or otherwise arise in this Second Appeal. This Second Appeal is therefore hereby dismissed. N. A. BRITTO, J. RD.