C. S. P. SINGH, J.

The petitioner challenged the appellate order in proceedings under the U. P. Imposition of Ceiling on Land Holdings Act, 1960. Two points are incontraversy. One is whether plot Nos. 87 and 175 were grove land, and as such the petitioner was entitled to a larger area within his ceiling limit. The second is as to whether plot No. 44 was irrigated land. The Prescibed Authority found that trees existed on the land but also recorded as a finding that the land was being cultivated. Section 3 (8) of the Act defined grove land for the purposes of the Act as under:-

" Grove land means any specific piece of land in a holding having trees not including (guava, papaya, banana or vine plants) planted thereon before January 24, 1971, in such numbers that they preclude or when full grown will preclude the land or any considerable portion thereof from being used primarily for any other purpose, and the trees on such land constitute a grove. " Thus the mere fact that the land is being cultivated will not exclude the land from the category of the grove land. It has however, to satisfy the test that the trees were planted on the land before January 24, 1971, and when fully grown

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