The son of the man who has failed in several court bids to gain control of the Shanta’s building was yesterday taken before the court charged with breaking a padlock placed there by his uncle.
Mikhail Persaud appeared before Chief Magistrate Ann McLennan to answer the charge which alleges that on September 23rd, 2021 he damaged one padlock valued $2,500 which belonged to his uncle Deodat Persaud.
He pleaded not guilty to the damage to property charge. He has been granted self bail and plans to contest the matter at trial.
Though the Supreme Court has ruled that Premdaat Persaud has no claim to ownership of the Camp Street building housing the popular Shan-ta’s Puri Shop, he continues to obstruct his brother Deodat Persaud from gaining entry to effect the sale of the property.
Deodat is the executor of the popular eatery which their mother Parbati Persaud bequeathed to all six of her children as part of her estate before she died in 2003.
It was the woman’s wish in her last will and testament which names Deodat as trustee, “to call in and convert into money i.e. to sell the residue of her estate,” the proceeds of which were to be divided equally among her six children, which included her stepson, Toolsie Persaud. Toolsie died in 2018.
Despite a number of court orders in the past years—with the most recent entered just a week ago—Premdaat and his son Mikhail remain defiant, and continue to prohibit Deodat from accessing the premises.
Following last Tues-day’s order by High Judge Navindra Singh, permitting Deodat to sell the property in accordance with the terms of his mother’s will, he visited the property in the company of police officers to secure it by means of a chain and padlock.
While there, however, he encountered his nephew Mikhail who allegedly lashed the padlock off the chain to which it was fastened, thereby prohibiting Deodat from securing the premises. This is the second such encounter Deodat has claimed to have had with his nephew in the last few years.
Meanwhile, Stabroek News understands that contempt of court proceedings are likely to be laid against his father Premdaat sometime soon.
The order by Justice Singh was entered following the conclusion of fresh legal proceedings by Premdaat who continued to maintain that the property belongs to him.
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.
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 Mikhail and affirmed a March 20th, 2011 decision of then High Court judge Rishi Persaud.
While the court had settled the Shanta’s property dispute, which paved the way for its sale, Deodat in October of 2019 had told this 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.
He had said that when he visited the establishment to post ‘For Sale’ notices on the property, he was met with hostility from the staff and his nephew.
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 their 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.