It was one thing when pensioner Ben Treuhaft had to pitch up on Portobello beach after his wife threw out him of the marital home.

But it was quite another when the 66-year-old spent almost five months living in a makeshift hut on its sands with his piano.

Now the pensioner has been thrown off the Edinburgh beach after losing a legal battle with the city council.

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Mr Treuhaft has been entertaining visitors by playing music, but is packing up his belongings after losing an appeal against his long-standing eviction. The local authority brought the action after claiming his musical project was in breach of its parks and management rules.

The father-of-two appealed the move for weeks, but admitted yesterday he had been beaten by a ruling that means he must move today.

Mr Treuhaft said: "I was going to fight the council on the beaches, but it turns out I don't have a leg to stand on. The council said they would like me to move within 24 hours or they would charge me full cost for the action. The council has been lovely but their lawyers have been vicious."