M.B. Farooqui, J.

1. THE common question of law involved in these cases is, what is the true scope and effect of Section 3 (8) of the U. P. Imposition of Ceiling on Land Holdings Act, 1960.

2. A similar question fell for consideration in Writ Petition No. 3308 of 1976, which was decided by me on 2nd August, 1978. Dealing with this point I have said ;-

"Section 3 (8) defines 'grove land' as meaning, '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 number that they preclude, or when fully grown will preclude, the land or any considerable portion thereof from being used primarily for any other purpose.' Thus the number of trees cannot be the sole index to the question whether a particular land is a grove land or not. One must also consider the age and development, kind and character of the trees and their impact, present and potential, on the land. These are all questions of fact to be determined on evidence."

Lest there should be any misunderstanding, let me make it clear that I should not be understood to have laid down that in deciding the question whether a particular lan