Following the conclusion of fresh legal proceedings, Premdaat Persaud has again lost to his brother Deodat Persaud, all claims to ownership of the embattled Camp Street building housing the popular Shanta’s Puri Shop, which their mother had bequeath-ed to all six of her children.
The battle between the two brothers for the building and their mother’s legacy, has been characterized by an arduous court journey which began more than a decade ago when Premdaat took over the business, claiming that the property was sold to him prior to their mother’s death.
In a challenge that went all the way to the Guyana Court of Appeal, a decision was made in July of 2018 upholding a High Court ruling that Premdaat had no legal authority to be occupying the building.
Aggrieved, he would go on to mount a fresh challenge, though maintaining that the property belonged to him.
By an Order entered on Tuesday, however, High Court Judge Navindra Singh declared that Deodat “is permitted to sell the property…in accordance with the terms of the will of” their mother.
The Judge dismissed all defences and counterclaims, as well as an application Premdaat had made by which he sought an order staying the Court’s ruling.
In addition to being ousted from the property for a second time by the courts, Premdaat was also ordered to pay his brother court costs in the sum of $2,000,000; failing which he will be liable to be held in contempt of court and risk imprisonment or have his assets confiscated.
Following the initial court battle, Deodat decided to sell the property but had been prevented by Premdaat.
The appellate court in the first ruling dismissed the appeal filed by Premdaat and his son Mikail and affirmed a March 20th, 2011 decision of High Court judge Rishi Persaud. The court at that time had also awarded costs in the sum of $200,000 to Deodat.
Following the 2003 death of businesswoman Parbati Persaud, her two sons became locked in a legal battle to gain control of the property.
While Premdaat took over the business and claimed that the property was sold to him before his mother died, it was Deodat who was named the executor of the woman’s estate, and argued that there was no evidence to support his sibling’s claim and he asked Premdaat to vacate the property.
It has been indicated that based on two paragraphs in Parbati’s will, the trustees, now only Deodat, “is to call in and convert into money i.e. to sell the residue of her estate.”
Court documents had indicated that a letter from Deodat’s attorney had said that the residue includes the 225 Camp and New Market streets embattled property, its furnishings, fittings and business accessories. The proceeds of that sale were to be divided equally among Parbati’s five children, inclusive of, Deodat and the woman’s stepson, Toolsie Persaud.
Toolsie died in 2018.
While the court had settled the Shanta’s property dispute, which paved the way for its sale, Deodat in October of 2019 had told the newspaper that his brother, who at that time continued to occupy the building, refused to move or allow access to the property for viewing from prospective buyers.
Back then Deodat had advertised the building for sale, but when he visited the establishment to post ‘For Sale’ notices on the property, he was met with hostility from the staff and his nephew.
Asked whether his brother had filed any further appeal to the most recent court ruling, Deodat told this newspaper that he is so far not aware of any.
Deodat had told this newspaper in an interview back in 2019 that he was “beyond frustrated” and felt sad that his older brother would cause such trouble over an establishment their mother and father struggled to build.
He had said he was “tired” and just wanted his brother to understand that his mother would not want them fighting.
Established in 1936, originally as Betty’s Café and renamed Shanta’s around 1958, the storied restaurant has been famed for its cuisine—among them—its Dhal Puri.
