CIVIC chiefs have today avoided having to dig in to their pockets after winning a legal battle with allotment holders.

Earlier this year Alex Mullins, representing plot holders in Eastleigh , challenged Eastleigh Borough Council 's rent hike on his allotment from £25 to £40.

A county court judge ruled that the increase should be similar to other council services, such as swimming, and the 64-year-old was told he was entitled to a £12.75 refund.

It led to speculation that the more than 700 members of Eastleigh and District Allotments Association could be in line for payouts totalling hundreds or even thousands of pounds.

But Eastleigh Borough Council, which has always insisted the rent hike was reasonable, took the decision to appeal.

And this morning a judge at Winchester County Court ruled that the original claim should be dismissed.

Judge Iain Hughes said the first small claims procedure in Southampton had been "wholly inappropriate" for the dispute.

In his ruling, he wrote that the small claims court "is intended for straightforward cases involving modest sums of money. The issues between the parties were not straightforward and potentially concerned substantial sums of money."

Mr Mullins was praised for the way he brought the case to the courts and no order was made for costs.

After the hearing, Mr Mullins, who keeps a plot in South Street, Eastleigh, indicated that he may consider applying for a judicial review if a similar rent increase was rolled out in the future.