A person who succeeds as an heir of a(1)statutory tenant under section 48 shall not be deemed to be 265 a statutory tenant unless he has obtained a patta from the landlord or has remained in occupation of the holding for three years after the expiration of the period for which he is entitled to retain occupation of the holding under section 48: "Provided that when a holding is held by two or more co tenants no person who succeeds as an heir of any such co tenant under section 48 shall be deemed to be a statutory tenant of the holding unless he has obtained a patta from the landlord, or has remained in occupation of the holding for three years after the expiration of the period for which the heir of the last surviving co tenant is entitled to retain occupation of the holding under section 48." By virtue of the Explanation extracted above, a tenant to whom sections 36 and 37 applied would be deemed to be a statutory tenant.